HELP!!! question about misdemeanor-possession of illegal weapon

[idiot123]

What is the name of your state? CA

Hi, my gf was caught having brass knuckles at the airport. We are both college students and i had found them one day in the closet of the apartment i just moved in. Like the idiot i am i thought it was cool and stuffed it in my backpack and totally forgot about it. Well a couple months later i had loaned my backpack to my gf. She took it with her as a carry-on without knowing that the knuckles were in the backpack. Well the airport security found them when they were xraying the bag. They detained her and asked her where she got it the knuckles. She told them that she had found them. They took all her info and let her go and told her she would be charged for possesion of an illegal weapon and to wait for something from the court.

We recevied a fine a month later from the homeland security dept. We paid it thinking that everything was done with. But now we received a letter to appear in court for an arraignment for a misdeamnor of possession of an illegal weapon.


I have a couple of questions. Should we get a lawyer? I feel really guilty cuz this is my fault and i should have thrown away the knuckles when i found it. I dont want her to end up with anything on her record. What are the chances that they will charge us? Wouldnt they wonder why a girl college student would have brass knuckles and be stupid enough to bring it to the airport? IS the homeland security and the local police different jurisdiction? Cand she be charged by both? THanks for any advice or help in advance!

idiot123

 

[CdwJava]

I have never heard of the Feds pressing charges for airport violations unless the person brought the item ON to the plane. Likely this is only going to be a CA state violation for PC 12020(a) - which is a wobbler ... it can be charged as either a felony or a misdemeanor.

Oh, and her telling them, "I found them" is the oldest and lamest excuse in the world. It also was an admission of her knowledge and possession of the items. The fact that a girl had them was irrelevant.

And people do stupid things all the time ... my friend works for a local sheriff's department that patrols the airport and they get dummies transporting dope in metal tins or foil ... duh! When they go through the metal detectors the alram sounds and they have to remove the tin or foil and guess what? The cops and security people look inside!

Yes, she needs an attorney.


- Carl

 

[seniorjudge]

'...I feel really guilty cuz this is my fault and i should have thrown away the knuckles when i found it..."

I thought you said GF carried the knucks to the airport?! How is that your fault?

 

[CdwJava]

'...I feel really guilty cuz this is my fault and i should have thrown away the knuckles when i found it..."

I thought you said GF carried the knucks to the airport?! How is that your fault?

I think we're going to find that somehow HE gave them to her to carry. I wonder if he's on probation? Or has a prior record?

Or, she took the fall for him.

- Carl

 

[seniorjudge]

I think we're going to find that somehow HE gave them to her to carry. I wonder if he's on probation? Or has a prior record?

Or, she took the fall for him.

- Carl

Methinks thou dost speak truly....

 

[idiot123]

my record is squeaky clean and so is hers. Would it be better for her to jsut say they are mine? Yes she did take the fall for me. She didnt want me to get in trouble which makes me feel even more guilty.

 

[CdwJava]

my record is squeaky clean and so is hers. Would it be better for her to jsut say they are mine? Yes she did take the fall for me. She didnt want me to get in trouble which makes me feel even more guilty.

She was in possession. The fact that they might have been yours may not make much of a difference. If it was YOUR backpack and SHE took the fall, then maybe you can get the charges changed if yu 'fessed up. Otherwise, she knew they were thee and she sucks up the crime.

- Carl