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    erin7799's Avatar
    erin7799 Posts: 159, Reputation: 32
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    #1

    Aug 30, 2008, 09:28 PM
    Friend Gets Arrested for Brass Knuckles.
    This is the most RI-DAMN-DICULOUS thing EVER! A friend of mine was at the airport in Tx. she was going through security at the airport and they did a search on her. She put her bags through and all that happy poop. So, she gets called to the side, gets handcuffed, arrested and taken to jail because guess what? HER HUSBAND LEFT A PAIR OF BRASS KNUCKLES IN THE BAG MONTHS AGO! He bought them in another state at a convenience store because in one of his songs he talks about brass knuckles. They were a prop for his show. He forgot about them and she had no idea they were in there. They finally let her go at 5 am. Needless to say, she's missed the wedding she was supposed to be in today and tomorrow the person who has all of the favors, games, etc... for the bridal shower won't be coming. Now... She's a teacher. She's losing her job. She doesn't have a hearing until sometime at the end of September apparently. They said that she could be facing some serious charges and she's been charged with a 3rd degree felony! So I guess my question is, what do you think will happen next? Is it possible for this to be cleared up for her? I think that any judge in their right mind would throw this case out. It is just so ludacris! The whole thing! I think that the people who even took this so far should be reprimanded for wasting time and money. It was in her suitcase! What was she going to do w/ brass knuckles in her suitcase? Which was being checked in and put at the bottom of the plane! I do understand that in TX brass knuckles are illegal. But he made it through security in order to get them into Tx. And she just happened to be the one who got caught w/ them! It's so messed up. Some guy fled to TX from Pa because they were looking for him for child molestation charges. TX wouldn't send him back to PA because they didn't feel that it was a good of enough reason to send him back. Yet this innocent girl has been arrested and is facing more jail time for a pair of $5.99 brass knuckles that her husband put in the luggage! What can be done? Does she just wait and see? Once again... The law not working...
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Aug 30, 2008, 09:38 PM
    That is our amazing court system. I have heard of similar problems of people getting in trouble for not realizing there was a lighter or a pair of scissors in their suitcase when they packed for a trip. I doubt the Judge will just throw it out cause I rarely see Judges throw anything out. They very likely could reduce it to the smallest charge(s) they possibly can but I would be surprised if the Judge just dismisses it as ludacris or anything like that. Anything to do with planes is considered very serious now no matter how innocent of a mistake it may have been.
    I see dad's in jail for non payment of child support yet the real criminals are on house arrest because the jails are overcrowded with the dead beat dads. SO yes that is just one example of hundreds that I have to agree the system is not at all fair.
    erin7799's Avatar
    erin7799 Posts: 159, Reputation: 32
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    #3

    Aug 31, 2008, 06:04 AM
    It's just unbelievable how someone who is truly innocent gets thrown in jail. Because in this case, she really is innocent. What the heck was she going to do w/ a pair of brass knuckles that weren't even with her on the plane? Wow. It's just so shocking :( and sad.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 31, 2008, 07:00 AM
    Quote Originally Posted by erin7799
    it's just unbelievable how someone who is truly innocent gets thrown in jail. Because in this case, she really is innocent. What the heck was she going to do w/ a pair of brass knuckles that weren't even with her on the plane? wow. It's just so shocking :( and sad.


    Brass knuckles are weapons and rise to a felony in some States.

    Unfortunately the person who possesses them gets arrested -

    Why did her husband have them?

    Other people have posted they had no idea brass knuckles were in the car, they got pulled over and they got arrested. Same with drugs.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Aug 31, 2008, 07:08 AM
    Hello erin:

    Isn't Texas where they let one neighbor shoot the other neighbors criminals in the back?? But, you can't own a set of brass knuckles?? Whoa! I knew Texas was screwed up, but this confirms it.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 31, 2008, 07:11 AM
    Quote Originally Posted by excon
    Hello erin:

    Isn't Texas where they let one neighbor shoot the other neighbors criminals in the back????? But, you can't own a set of brass knuckles????? Whoa!! I knew Texas was screwed up, but this confirms it.

    excon


    Yes, it's either a misdemeanor or a felony, depending on the circumstances.

    In Texas you can shoot people - you just can't beat them up.

    (With apologies to Rockinmomma who, with a little luck, isn't reading this... from Texas.)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Aug 31, 2008, 07:36 AM
    You are not taking this nearly seroiusly enough, she had a weapon in a Ariport, most likely arrested by TSA and changed with a Federal crime, not just a state felony. Trying to get a weapon on a airplane is super serious. She needs a very very good attorney.

    She can be changed with several crimes, Federal, carrying a weapon into a secure part of an airport. State law, concelled weapon without a license, and possession of a weapon on public property.

    So yes, if found guility she can be looking at years in prison, so a very good criminal attorney is called for now.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Aug 31, 2008, 07:38 AM
    Quote Originally Posted by Fr_Chuck
    You are not taking this nearly seroiusly enough, she had a weapon in a Ariport, most likely arrested by TSA and changed with a Federal crime, not just a state felony. Trying to get a weapon on a airplane is super serious. she needs a very very good attorney.

    She can be changed with several crimes, Federal, carrying a weapon into a secure part of an airport. State law, concelled weapon without a license, and possession of a weapon on public property.

    So yes, if found guility she can be looking at years in prison, so a very good criminal attorney is called for now.


    Good catch - I totally overlooked the airport/Feds issue.

    And - as we all know - there is no line drawn between dangerous weapons. Guns, knives, knuckles are all treated the same.

    And, yes, I would have an Attorney lined up immediately.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Aug 31, 2008, 08:07 AM
    Yes, we are having an entire weapon at airport issue here in Atlanta,

    You can not carry a weapon past the check point by federal law, Feds get you at the check point.

    But the state has passed a law allowing weapons to be carry in public areas of transport, busses, trains and this should include the public area before the check point at the airport, ( not covered under federal law, so falls into state law)

    The mayor and the city council are trying to outlaw them in the area, which is against state law. Already law suits in court about it.

    I carry weapons all the time ( concelled permit) so I follow the weapons laws pretty close
    erin7799's Avatar
    erin7799 Posts: 159, Reputation: 32
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    #10

    Aug 31, 2008, 09:30 AM
    The reason that he is a country singer. They live in Texas. In one of his songs he talks about brass knuckles. He was in Tennessee and found a pair of $5.99 brass knuckles at a 7-11 and bought them to use as a prop in his show. He had them in his suitcase and totally forgot that they were even in there. Now, he made it through airport security. Same bag, same airport. I totally understand the whole a weapon is a weapon theory. I guess. But I also know the whole truth behind the story and it's just so insane! She really IS innocent! That's the really sad reality of this whole situation. She REALLY, TRULY is! While she was in jail an officer had asked her why she was in and she explained the story and he couldn't believe it! He was a little angry that they wasted their time on her. I don't know. She's losing her job as a teacher. She went to school and worked hard for that degree and all because she didn't know the suitcase had brass knuckles in it she's losing it. Being punished for something that someone else had done. Her husband no less!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #11

    Aug 31, 2008, 09:46 AM
    Hello again, erin:

    There's no question in my mind that she's an innocent victim who was unethically and immorally arrested. Blame GW Bush for the stupid luggage cops if you want.

    But, that she, presumably, was LEGALLY arrested. And it's the LEGAL issues that are important at this juncture. Complaining about how wrongly she was treated WON'T get her released. She needs a lawyer who can tell the judge that she was arrested ILLEGALLY, if he can. Lets hope he's successful.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #12

    Aug 31, 2008, 10:03 AM
    She had them in her possession whether she was ignorant of the fact they were in the bottom of the luggage or not. Possession is 9/10th of the law. Many drug mules do the same activity day in and day out. Some know and some don't. Like the other members here at AMHD have pointed out, she was arrested and charged accordingly legally. She needs a good attorney or her teaching job is history forever. A good attorney could plea bargain down to a misdemeanor charge (if he's lucky) and she can still keep her job. She can thank hubby for his carelessness. Texas is a whole 'nother country. Get used to it. They have some weird laws down there. I'll happily never step foot in Texas again ever.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #13

    Aug 31, 2008, 10:58 AM
    Of course part of the issue they are still a weapon here in TN, and the min you put them in your pocket here they are a concelled weapon also.

    Innocent? Well innocent is a legal issue, did she have a brass knuckle in her bag ? If the answer is yes, then she is not innocent she is guity of having them, so she will have to prove the law unconstitituional, have to prove she did not have them in "her" bag, or use a defense that while guility of having them, it was a accident.

    But guess what, the person with a gun who gets caught, or the person with a knife that gets caught, could just say it was a mistake to try and get out of it. So she needs an attorney who does criminal law and is up on the airport search laws.

    And please understand, esp if this goes to Federal Court, the fact her husband bought it, and the fact he left it in there, may not even be allowed into evidence, * maybe** , it may be allowed at sentencing to prove it was not intended. He really needed to get a prop, a real prop, a rubber or plastic one to use, since to carry a real one anywhere almost is considered a weapon.

    But many things work like that, she gives a friend a ride, the friend has drugs, they get stopped, they both can get charged, happens every day.

    And yes guards in jail are understanding, they don't get many soccer mom types in jail.

    But it is very very possible that the judge will not even care to know why or how, just the exact evidence from the case.

    Good lawyer, really
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Aug 31, 2008, 11:02 AM
    Quote Originally Posted by Fr_Chuck
    And please understand, esp if this goes to Federal Court, the fact her husband bought it, and the fact he left it in there, may not even be allowed into evidence, * maybe** , it may be allowed at sentencing to prove it was not intended. He really needed to get a prop, a real prop, a rubber or plastic one to use, since to carry a real one anywhere almost is considered a weapon.


    I wonder what States the husband has been in and out of and whether the knuckles were legal there.

    Well, it could be worse - the husband could be singing about machine guns and then in his/her bag they would have discovered...

    Need a good Attorney for this one.
    erin7799's Avatar
    erin7799 Posts: 159, Reputation: 32
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    #15

    Sep 1, 2008, 06:07 AM
    He was in Tennessee. They're fairly new to Texas. So they had no idea that they were illegal. The kicker in this is that they were in an inside pocket. The pocket was ripped, so they fell down in between the lining and the shell of the suitcase, so even if she would've put her hand in there, they wouldn't have found them. Which explains why neither of them knew they were in there. He had just forgotten.

    >Inappropriate Section Removed<
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #16

    Sep 1, 2008, 06:45 AM
    She was arrested legally for possession of an illegal item. What part of that don't you understand? You need to save all your bleeding heart stuff for the judge. The fact she was with "real" criminals for 20 hours, please. Were they convicted or just charged? I don't think they'd appreciate your comment about them either. That was totally uncalled for also. They are innocent until proven guilty. Same as your friend. For all you know they could be just as innocent as your friend is. You are not taking this problem seriously from the viewpoint of the law as it is written. Your friend and her husband seem to be taking it seriously as they are upset. You just keep bad mouthing the laws of Texas. If your friend is smart she will get a good attorney to save her teaching job. She didn't lose her teaching job until she is convicted. You don't lose a job like that just because you were arrested. Big difference there, big difference. Right now she has not lost her job teaching. YET.

    And was the guard in jail a learned attorney to have a valid comment on her case? I doubt it. They can be as sympathetic as they want to be as after all it doesn't cost them anything to be nice. I just wouldn't put a lot into what their comment was. They can say anything they want but in all reality she was still in their jail.

    Just because hubby flew in with them is irrelevant as luggage is not checked at the other end - just the boarding end of the flight. Apparently he was able to get them past security in Tennessee due to lax security on their part. Does not mean anything as he could have been stopped in Tennessee airport and arrested there. Does not mean that what he did was legal in Tennessee, just meant he didn't get caught with them and arrested.

    As for Judy's reaction to all of this. I am sure Judy will tell you that yes, she'd be upset, but no, she would not be that upset as Judy knows the law and that the person was caught in possession of the item and therefore has to "face the music". And Judy would retain the best criminal attorney she could afford to fight the case. This is something your two friends need to do and not just moan and groan about it like you are doing hoping for some "miracle answer" from us here.
    erin7799's Avatar
    erin7799 Posts: 159, Reputation: 32
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    #17

    Sep 1, 2008, 07:19 AM
    Wow. So harsh. If her husband would've been arrested, OK. It makes more sense. He bought them. The reason that everyone is so shocked on our end is because she was totally oblivious to the fact that they were even there. And yes, they got an attorney. I originally posted on here before she had gotten out of jail and I was hoping for some answers as to what could possibly happen to her.
    And why the attack? I was just wondering what would happen to her. You don't think that it's really F'd up that a child molester wouldn't get sent back to our county because the state didn't see that was good enough reason to go through the hassle to find him and send him back to face his charges but a girl trying to get to a wedding was arrested and sent to jail because of a silly pair of brass knuckles. And I guess it seems so silly, too because they weren't even like a "real" pair of knuckles. They were purchased at a 7-11. Not online, or at a weapons store. I don't doubt for a minute that ANY of you in this situation would pretend NOT to be angry at this situation. I don't think she, you or anyone else would look at your innocent daughter who was treated the way she was and the thing is, they didn't even tell her at first what was going on. They just pulled her aside and handcuffed her. Could you imagine the fear? Because she thought her bag was full of bridal shower favors.
    The kicker is the child molester. It was my best friends nephew who was molested. And the state of TX wouldn't send this man back to face his charges. But if it were their son who this man would've molested, they would've shot him.
    Do you understand how messed up that is? The same state made a huge deal of brass knuckles yet made NO deal at all about a man taking a childs innocence. It wasn't just one child but two. That we know of. That's a part of the reason that this whole thing makes everyone so angry. How is that less of a crime than unknowingly having a pair of brass knuckles?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #18

    Sep 1, 2008, 07:29 AM
    Like Fr_Chuck said it is an airport, so leaving state issues out of it, the airport is federal and with the 9/11 homeland security stuff none of the situations matter to the law they can't go enie meanie minie moe I don't think this one meant to conceal a weapon but it was a unfortunate incident so we'll let this one go.
    It is on her to find a way to prove in court that it was not an intentional thing and that she wasn't even aware they were there. Even then they were in her possession so they will not just let it go. Even if her husband could prove they were his and she had no idea they were there they will still charge her with something. It's the way the law is. If you pick up a stranger hitchhiking and his crack falls out of his pocket. Then days later the police stop you and search your car and find it... guess what... it is YOU the driver that gets charged with it!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #19

    Sep 1, 2008, 09:19 AM
    Quote Originally Posted by erin7799
    Wow. So harsh. If her husband would've been arrested, ok. It makes more sense. He bought them. The reason that everyone is so shocked on our end is because she was totally oblivious to the fact that they were even there. And yes, they got an attorney. I originally posted on here before she had gotten out of jail and I was hoping for some answers as to what could possibly happen to her.
    And why the attack?? I was just wondering what would happen to her. You don't think that it's really F'd up that a child molester wouldn't get sent back to our county because the state didn't see that was good enough reason to go through the hassle to find him and send him back to face his charges but a girl trying to get to a wedding was arrested and sent to jail because of a silly pair of brass knuckles. And I guess it seems so silly, too because they weren't even like a "real" pair of knuckles. They were purchased at a 7-11. Not online, or at a weapons store. I don't doubt for a minute that ANY of you in this situation would pretend NOT to be angry at this situation. I don't think she, you or anyone else would look at your innocent daughter who was treated the way she was and the thing is, they didn't even tell her at first what was going on. They just pulled her aside and handcuffed her. Could you imagine the fear?? Because she thought her bag was full of bridal shower favors.
    The kicker is the child molester. It was my best friends nephew who was molested. And the state of TX wouldn't send this man back to face his charges. But if it were their son who this man would've molested, they would've shot him.
    Do you understand how messed up that is?? The same state made a huge deal of brass knuckles yet made NO deal at all about a man taking a childs innocence. It wasn't just one child but two. That we know of. That's a part of the reason that this whole thing makes everyone so angry. How is that less of a crime than unknowingly having a pair of brass knuckles??


    Now that OP's post has been modified, the offensive part removed, it does seem that "Twinkie" is over reacting. She's responding to what was deleted as offensive.

    As far as brass knuckles vs child molesters - you are adding apples and oranges. All you are doing is confusing the issue.

    It is not the "job" of this board to explain why child molesters are running around loose, why Texas does what it does, why this person wasn't extradited and so forth. If I'm ever a Judge in Texas, I'll address that.

    You asked about someone at an airport with brass knuckles in her luggage. That's what was answered. The rest of this, while fascinating, is immaterial.

    Texas Law says you cannot possess brass knuckles. It does not say, "Except for pretend brass knuckles purchased at 7-11." Unfortunately, ignorance of the law is not a defense.
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
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    #20

    Sep 1, 2008, 10:19 AM
    This thread has run it's course and is now reverting to off color comments.

    >Thread Closed<

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