Arrested with Nunchucks

[teebird420]

What is the name of your state? California
Ok, my friend was arrested after an altercation with some people at a Lake. He went back to his house to get his nunchucks just to scare the 6 guys that ganged up on him. Only someone called the cops and when he got there, the cops asked for him to come over to them. He had the nunchucks in his hand and was arrested. His rights were not read to him and he was held overnight. He made bail $1000, and has a court hearing on the 16th of April. He was arrested for felony weapons posession. Should he get a lawyer? He has never been arrested before in his whole life. He has a good job and a house. What should he do?

 

[JETX]

He is clearly facing a serious CRIMINAL charge. As such, yes, he needs to get an attorney.

 

[teebird420]

but they didnt read him his rights. and he wasnt charged with assault or anything. He was released on 1000 dollars bail. if it was so serious, why did they let him go on 1000?

 

[JETX]

"but they didnt read him his rights."
*** You've been watching too much television. 'They' don't need to Mirandize a subject unless they are going to interrogate or question him. In this case, he had the evidence' in his hands at the time of his arrest. Not much interrogation required to determine his guilt.

"and he wasnt charged with assault or anything."
*** Okay, so what exactly was he charged with??

"He was released on 1000 dollars bail. if it was so serious, why did they let him go on 1000?"
*** Maybe because he did 'party favors' with all the inmates. Who knows?? And the amount of his bail means absolutely nothing as to his guilt.

 

[teebird420]

he was charged with felony weapons posession. And he was questioned by the police about the crime and situation. California law states that police cannot ask you detailed questions about the crime which you are being arrested and charged with unless they infomr you that you have the right to have an attorney present.

 

[JETX]

"California law states that police cannot ask you detailed questions about the crime which you are being arrested and charged with unless they infomr you that you have the right to have an attorney present."
*** And EXACTLY what Code and subsection of the California law would that be???

 

[teebird420]

thats what 3 other free legal advice websites stated. including this one.

 

[JETX]

thats what 3 other free legal advice websites stated. including this one.

Okay, where??? What is the statute?? Or even the link to what you claim on this site??

 

[TYRIS]

"California law states that police cannot ask you detailed questions about the crime which you are being arrested and charged with unless they infomr you that you have the right to have an attorney present."
*** And EXACTLY what Code and subsection of the California law would that be???

-When the police questioned your friend, they were probably asking investigative questions and he wasn't under arrest yet and Miranda doesn't apply. Any questioning the police did was probably regarding the altercation. If he was under arrest, it realy doesn't matter if his statements get thrown out. He was more than likely arrested for 12020 PC and him being in possession of nunchucks is all they needed.


Tyris

 

[teebird420]

Section 12024. Every person having upon him or her any deadly weapon, with intent to assault another, is guilty of a misdemeanor.
He didnt actually use the nunchucks, therefore is it a misdemeanor?

 

[JETX]

EXACTLY what PC section was he charged with??

 

[dequeendistress]

simple question, when he went to the jail was printed and otherwise booked did he SIGN a statement of Miranda?

 

[Son of Slam]

EXACTLY what PC section was he charged with??

Let's charge him with section 12020. (a) Any person in this state who does any of the following
(1) Manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any cane gun or wallet gun, any undetectable
firearm, any firearm which is not immediately recognizable as a
firearm, any camouflaging firearm container, any ammunition which
contains or consists of any flechette dart, any bullet containing or
carrying an explosive agent, any ballistic knife, any multiburst
trigger activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife, any
leaded cane, any zip gun, any shuriken, any unconventional pistol,
any lipstick case knife, any cane sword, any shobi-zue, any air gauge
knife, any writing pen knife, any metal military practice
handgrenade or metal replica handgrenade, or any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sap, or sandbag.
(2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.
(3) Carries concealed upon his or her person any explosive
substance, other than fixed ammunition.
(4) Carries concealed upon his or her person any dirk or dagger.
is guilty of a felony.

 

[Son of Slam]

In case you don't get it...

Section 12020 Subdivision (d) (2) As used in this section, a "nunchuku" means an instrument consisting of two or more sticks, bars or rods to be used as handles, connected by a rope, cord, wire or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate.

 

[Son of Slam]

But then...

Your friend was arrested for possession of "nunchucks", so I guess he will walk on a technicality, if he hires a crafty liar.