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Unlawful Carrying of Weapon

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J_Collins

Junior Member
What is the name of your state? Texas

Well, I don't know how to make this long story short, but here goes.

I decided to go with a friend of mine to his house last night, to hang out together before Christmas and stuff.

On our way to his house we run into a big traffic jam, so we have to take the service road and a detour to get to his house. We're all fairly new to the Dallas/Fort Worth area ( 2 years for me and a little over 1 year for him )

We get lost trying to find his house, and on one of the roads we get pulled over. We figure that it's an out light or something on his car ( 1978 Malibu ).

The officer asks for his ID and insurance of course and he couldn't find his insurance papers so he makes him get out of the car to talk to him. Soon after he walks up to the car and asks ME to get out of the car.. so of course I comply and he asks me what our plans are tonight. I tell him the truth, just going to my friend's house but we're lost right now. He asks me what we're doing in North Richland Hills since we're heading to Euless, and again I explain that we got lost on the way.

Well, before he made my friend get out of the car he was looking in the back seat next to me and there's a paintball gun there.. so I figured he'd ask why we had a paintball gun. I explained to him that it wasn't my property and that it's the driver's..

Then he suddenly changes the subject and informs me that we were stopped because I threw a cigarette butt out the window ( Which I did, and eventually plead guilty to - shame on me ) but I feel like "Why doesn't he just ticket me and let me go?"

Another police officer arrives and they both search the car, I'm standing next to the police car where I was told to stay and he comes back and simply says that I'm under arrest. I was too shocked to ask why at the time, but I figured it had something to do with the paintball gun. The gun was unloaded and there was no paintballs for it in the car though, so it didn't make much sense. My friend who owns the car also got arrested and we were both taken to the North Richland Hills jail. Nathan was informed of his car being impounded and let go with his ticket for insurance.. I however had to put on a jumpsuit and sit the night out in jail.

This morning I found out from the judge that I had been charged with Unlawful Carrying of a Weapon.. I was released on a $500 bail by my father.

My dad informed me that they told him when he called the police station, that I had a "Club" in my posetion.. and when he told me this I did remember seeing them place a short wooden club like object on the trunk of the car during the search, but I never thought anything of it because I hadn't seen it up to that point, and didn't think it was out of the ordinary considering most of the items of the car were on the roof and on the side of the road

I called the police department to figure out if it was the paintball gun or the club and they confirmed it was the club.. so I asked if any fingerprint tests could be run or anything like that because I know I never TOUCHED it much less saw it.. but they said no it wouldn't make a difference. Also the police report evidently stated that the club was where I was sitting in the back seat, meaning I would have been literally sitting ON it. I didn't sit on anything other than seat cushion while I was inside the car.

I have a spotless record and have never been involved in any type of violence in my life.. I guess I'm just wondering how I go about defending myself?

I feel like this police officer moved the club into my seat to get something on me, he was also very inpolite and skeptical when I told him that we were just lost - and I guess he felt like we shouldn't have been in his city.

I will have a court date for this, and I plan to plead not guilty of course, but I will also have a court appointed attorney.

Any advice here would be greatly helpful.

And sorry about the length.

Jimmy Collins
 


J_Collins

Junior Member
Also just to add something here,

I felt it was wrong that I was never even asked if I had knowledge of a club being in my seat before being arrested for it. Only questioned about the paintball gun, which obviously wasn't the cause for any charges.

Is this something I should bring up to my attorney?

Thanks,

Jimmy
 

J_Collins

Junior Member
Zephyr said:
any way you could afford an attorney that is not a public defender?
Absolutely not. I am unemployed right now. :(

I wish I had a wealthy family but that's simply not the case.

Jimmy
 

Zephyr

Senior Member
and I am guessing that your friend is not willing to admit it was his, and where it was stored in the vehicle?
 

J_Collins

Junior Member
Zephyr said:
and I am guessing that your friend is not willing to admit it was his, and where it was stored in the vehicle?
Actually he is willing to testify that it's his. As far as if he knew where it was located.. I'd only be feeding you speculation, because I don't know if HE even knows where it was.

He only told me that he thought it was "underneath a bunch of junk".

Thanks,

Jimmy
 

Zephyr

Senior Member
well let your lawyer know about him- he can decide how much that testimony may help you, I don't know how they are pinning it on you if indeed it was in the trunk of his car....but your only option is to fight it, and make sure your pd really knows the case and make sure you stay on him so he represents you as adequately as possible
 

J_Collins

Junior Member
Zephyr said:
well let your lawyer know about him- he can decide how much that testimony may help you, I don't know how they are pinning it on you if indeed it was in the trunk of his car....but your only option is to fight it, and make sure your pd really knows the case and make sure you stay on him so he represents you as adequately as possible
I'm sorry, the club was evidently in the back seat somewhere.. even according to my friend. My claim is that I never saw it or had knowledge it was even in the car..

Yes I will fight it. I've also typed up a 4 page account of everything that happened from when I left my house, all the way up to when I was released.. I printed it out and I intend to have the attorney read it all.

Thanks again
 

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