Hello I live in Southern California.
My dad passed away three years ago and left behind a lot of things. He and I used to golf but I stopped after he passed away. Recently my friend has been going to the driving range with me so I have been keeping my dad's old golf bag in the trunk of my car for him to use.
One cold night a friend and I walked into a liquor store with hoods on, which I suppose looked suspicious. The store owner called the police and the police searched us and found nothing. They went up to my car, which had the windows rolled up and doors shut and locked, said it smelled like marajuana, and demanded my keys. After searching my car, they found two brass knuckles in my dad's golf bag and charged me with possession of a deadly weapon.
I had no idea the knuckles were in there, I have no use for them and I would never keep something I knew to be so highly illegal anywhere near me.
Any advice offered would be greatly appreciated. I'm looking to go to graduate school a couple of years after I get my bachelors degree, and having this on my record would significantly impact both the school I get into and the jobs I get coming out.
Do I stand a chance of getting this thrown out because the officer didn't have probable cause? Even if a marajuana smell was emanating from the cabin of the car, which is impossible since illegal drugs have never been used nor carried in that car, does that still give him the leeway to search the trunk?
Also, how much confidence should I have in my public defender?
Thanks everyone.
My dad passed away three years ago and left behind a lot of things. He and I used to golf but I stopped after he passed away. Recently my friend has been going to the driving range with me so I have been keeping my dad's old golf bag in the trunk of my car for him to use.
One cold night a friend and I walked into a liquor store with hoods on, which I suppose looked suspicious. The store owner called the police and the police searched us and found nothing. They went up to my car, which had the windows rolled up and doors shut and locked, said it smelled like marajuana, and demanded my keys. After searching my car, they found two brass knuckles in my dad's golf bag and charged me with possession of a deadly weapon.
I had no idea the knuckles were in there, I have no use for them and I would never keep something I knew to be so highly illegal anywhere near me.
Any advice offered would be greatly appreciated. I'm looking to go to graduate school a couple of years after I get my bachelors degree, and having this on my record would significantly impact both the school I get into and the jobs I get coming out.
Do I stand a chance of getting this thrown out because the officer didn't have probable cause? Even if a marajuana smell was emanating from the cabin of the car, which is impossible since illegal drugs have never been used nor carried in that car, does that still give him the leeway to search the trunk?
Also, how much confidence should I have in my public defender?
Thanks everyone.