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real down... please help, arrainment on tuesday

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energiexr70

Junior Member
What is the name of your state?
Massachusetts

Hey everybody been having a bad week. I was at a party last weekend and some kid was peeing next to my car/ gettin on my car. I went up to him and asked him why he was peeing on my car and he was like i wasnt, and was laughing and drunk like a stupid kid. So i thought that it would be funny to show him my plastic walmart bb gun. so i went up to him in his friends car and pointed my plastic bb gun at his shoulder and said do u think its funny peeing on peoples cars. then he said do u know ur pointing a gun at me and i didnt say anything. i walked away and thats that. i didnt really think he thought of anything of it. then the next day my friend whom owns that house recives a visit from an undercover cop askin which cars got vandalized that night. he said my name and that was that. then on friday i was driving home from work and pull into my driveway and 2 undercover cops pull up in back of me and arrest me. they had a warrant to arrest me. then they searched my car and didnt find anything. and the cops kept saying wheres the gun, i said that I didnt have one, since i really dont have a real gun. then they kept pressuring me, and i said that the only thing that i have is a toy from walmart. and i gave it to them it was just sitting in my room. next, i went to the police station and bailed myself out for $40 and did not give any statements at the station. they said that my arrainment is on tuesday sept 6th. what do you think i should do everybody? i have a clean record, never been arrested or done anything bad. i was charged with assault with a deadly weapon. they thought that it was a real gun i believe, but after i showed them a fake bb gun from walmart they kinda laughed? did i put myself into a hole by giving them my fake bb gun inside my house? i was under pressure and kept askking to make a phone call before i did anything and they said wait till ur at the station and they said show me what you have. would they be able to not use that gun as evidence? thanks everybody, im feeling real down. btw, im only 20 years old, still have a future in my mind...
 


Happy Trails

Senior Member
energiexr70 said:
What is the name of your state?
Massachusetts

Hey everybody been having a bad week. I was at a party last weekend and some kid was peeing next to my car/ gettin on my car. I went up to him and asked him why he was peeing on my car and he was like i wasnt, and was laughing and drunk like a stupid kid. So i thought that it would be funny to show him my plastic walmart bb gun. so i went up to him in his friends car and pointed my plastic bb gun at his shoulder and said do u think its funny peeing on peoples cars. then he said do u know ur pointing a gun at me and i didnt say anything. i walked away and thats that. i didnt really think he thought of anything of it. then the next day my friend whom owns that house recives a visit from an undercover cop askin which cars got vandalized that night. he said my name and that was that. then on friday i was driving home from work and pull into my driveway and 2 undercover cops pull up in back of me and arrest me. they had a warrant to arrest me. then they searched my car and didnt find anything. and the cops kept saying wheres the gun, i said that I didnt have one, since i really dont have a real gun. then they kept pressuring me, and i said that the only thing that i have is a toy from walmart. and i gave it to them it was just sitting in my room. next, i went to the police station and bailed myself out for $40 and did not give any statements at the station. they said that my arrainment is on tuesday sept 6th. what do you think i should do everybody? i have a clean record, never been arrested or done anything bad. i was charged with assault with a deadly weapon. they thought that it was a real gun i believe, but after i showed them a fake bb gun from walmart they kinda laughed? did i put myself into a hole by giving them my fake bb gun inside my house? i was under pressure and kept askking to make a phone call before i did anything and they said wait till ur at the station and they said show me what you have. would they be able to not use that gun as evidence? thanks everybody, im feeling real down. btw, im only 20 years old, still have a future in my mind...
Even BB guns have been known to kill. Get an attorney.

http://www.network54.com/Forum/message?forumid=79537&messageid=1115243453

http://www.wrgb.com/news/regional/regional.asp?selection=article_33059

http://cbs4boston.com/entertain/entertainment_story_220204625.html
 

Curt581

Senior Member
The issue in court will not be whether or not BB guns have killed someone in the past, nor will it be about whether BB guns fit the legal definition of "deadly".

The issue will be whether or not the victim (the kid peeing) BELIEVED you were pointing a real gun at him. If so, that's called Assault with a Deadly Weapon. Why you would think this would be 'funny' is beyond me.

Ask any police officer if they would shoot you dead, if you pointed such a toy gun at them. I'd bet that 100% would say "Yes".

Q: Will they be able to use that BB gun as evidence?
A: YES. You gave it to them voluntarily.

Q: What do you think I should do?
A: Hire the best attorney you can afford. Hope and pray that he can negotiate a plea agreement that doesn't include jail time.
 
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