Negative, It will get dropped to a lesser charge. and you will receive a fine. the key here will be to consult with and hire a lawyer. Things to be considered will be weapon size, type and your record. You should be free and clear with a lawyer. If you had the knife sheathed than the case will be dropped for sure. i had a similar experience and the lawyer laid it out for me. I got the case dropped and the city paid my legal expenses since no law had been broken.
I Had A Knife In My Car And Have Been Charged For Having A Concealed Weapon What Is The Sentencing For This?
First let me say I have no criminal history besides a DUI three years ago. I was arrested for having a concealed weapon in san mateo county. I was first pulled over for my tags being expired and when they impounded the truck they found a large bowie knife in my door panel. I am now getting charged with a felony. I am a duck hunter and while the knife was impractical that is what it was I used it for. My truck was a mess and there was other hunting items in the car but nothing that was illegal. I am getting a private attorney and am very concerned of the outcome of this event. I know that if I am convicted of a felony I can not own a firearm and this is important to me.
Please help me out hear any info or details anyone has will be very appreciated
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3 comments - add yours
papi_aka
November 17, 2009
stefanch
November 17, 2009
get a very good lawyer as i would imagine it is illegal
Boatin' in VA!
November 17, 2009
It would seem that a competent attorney would be able to argue this case so that it is dismissed. The knife was discovered after they impounded the vehicle. The knife was not displayed or used in a threatening manner towards the officer who stopped you. The knife is not illegal to own. The knife is not illegal to carry. The knife is a viable tool of your hobby that happens to be duck hunting.
Honestly, I cannot see this charge going anywhere. However, with that said nobody knows what the mindset of the judge is going to be on the day your case is heard so you definitely need to have a talkative attorney presenting your case.
Good luck!
