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    Robert Smith's Avatar
    Robert Smith Posts: 14, Reputation: 1
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    #1

    Mar 31, 2008, 04:14 PM
    Felony Charge
    My son (22 years old) just got a felony violation. He has never been in trouble before and the violation was for having brass knuckles in his vehicle. For some reason California looks at this the same as if he would have had a sawed off shotgun in his vehicle. How serious is this charge? Could he do time? Or because of no previous violations will it be only a fine?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Mar 31, 2008, 04:25 PM
    Brass knuckles are in the same category as weapons such as a knife or gun. California has some pretty strict laws regarding owning these items and even worse laws about having them in your car or on your person. Pray that he gets an understanding judge who won't be too harsh on him at his sentencing.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Mar 31, 2008, 04:45 PM
    Quote Originally Posted by twinkiedooter
    Brass knuckles are in the same category as weapons such as a knife or gun. California has some pretty strict laws regarding owning these items and even worse laws about having them in your car or on your person. Pray that he gets an understanding judge who won't be too harsh on him at his sentencing.

    Agree - brass knuckles are a weapon and that's how the Judge will "probably" sentence - driving in a car with a weapon.

    How did the car happen to get searched? Were the brass knuckles found as part of some other problem - because that could enter into the picture.
    Robert Smith's Avatar
    Robert Smith Posts: 14, Reputation: 1
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    #4

    Mar 31, 2008, 05:16 PM
    He was pulled over for speeding. They observed a case of beer with a few missing bottles in the back of his truck. They gave him that walk a straight line test and I guess a breath alyzer test. He had 2 beers 4 hours prior to being pulled over. When they couldn't get him for a dui I guess they thought that maybe they could find something else to ge him on if they searched his truck. They asked if they could and he, not knowing brass knuckles were against the law, let them search his truck. He didn't think he had anything to hide and the brass knuckles were laying out in the open in his center divider.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Mar 31, 2008, 05:52 PM
    Yes, the issue with brass knuckles are that they are restricted in most states as to buying and carrying, They can be and are considered in many places a concelled weapon.

    This is a very seroius charge and can effect his life forever if convicted.
    He needs not to make any statements to the police and get an attorney ASAP. The other issue with them, unless one suspects they will get in a fight, they don't carry them. So the judge and most likely a jury will assume he had them for some possible use in the near future.
    *** not saying he did, but what a jury is going to see.

    Yes, there is very possible jail or prison time with this, even a first offense in California, ( depending on court) And a conviction will hurt his job opportunities, even stop him from holding some jobs forever.
    So yes he needs an attorney to be working on this, to get it plead down to some misdemeanor charge at least.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 1, 2008, 05:32 AM
    Quote Originally Posted by Robert Smith
    He was pulled over for speeding. They observed a case of beer with a few missing bottles in the back of his truck. They gave him that walk a straight line test and I guess a breath alyzer test. He had 2 beers 4 hours prior to being pulled over. When they couldn't get him for a dui I guess they thought that maybe they could find something else to ge him on if they searched his truck. They asked if they could and he, not knowing brass knuckles were against the law, let them search his truck. He didn't think he had anything to hide and the brass knuckles were laying out in the open in his center divider.


    Okay. Has little to do with anything but why was he driving around with brass knuckles on the center divider in the first place?
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