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Brass knuckles

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ackpacket

Junior Member
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.
 


CdwJava

Senior Member
First, the search. If the officer smelled marijuana, that gave him probable cause to search for marijuana. Whether that would include sealed areas on a golf bag that would not be readily accessible to store marijuana, I do not know. A court might decide that if the officers smelled what they believed to have been smoked marijuana, that the search should have been limited only to those areas where a pipe or blunt could be readily dropped or concealed. Searching a golf bag in the back seat might be a stretch. But, if the bags were open and easily accessible, this defense claim probably will fail.

As for the brass knuckles, per PC 12020 et seq they are unlawful to possess. You might raise a defense of lack of knowledge and thus challenge the assumption of their presence, thus no constructive control (possession) of the items. But, if there was anything else in the pocket where they were found, and that something belonged to either of you, then your lack of knowledge defense would be highly suspect.

Speak to your attorney about the options. Unless either of you have criminal records, chances are this can be reduced to something lesser or made into some sort of deferred entry of judgment issue (where you keep your nose clean and it goes away in 6 months or a year). Talk to an attorney.
 

ackpacket

Junior Member
Thank you that was very sound advice on differentiating between smoked or fresh marajuana. Neither has ever been in the vehicle (or my possession). The golf bad had nothing else of mine inside the bag, but it was next to other things of mine because as I said I put the bag in the trunk so my friend could use the clubs at the driving range. The bags were in no way easily accessible.

Also my record is absolutely spotless. The worst run ins with the law i've had are a few parking tickets for forgetting the street sweeper. My friend unfortunately has not been so behaved, so I hope his record doesn't affect my defense.

My court date is on the fifteenth, and I was arrested on the 8th. The representative of the court was nice enough to give me an early date because I have to leave for school on the 18th. I have to use a public defender since I can not afford an attorney, does anyone have any advice for helping my defender do his very best?

There is something I forgot to mention. The car the knuckles were found in is not registered to my name. The only thing linking me to the knuckles was my statement saying i drove the car there, which I said while being detained. My miranda rights were never read to me and I was wondering if this makes any difference or can be used to build any kind of defense.

Thanks again everyone
 

CdwJava

Senior Member
Miranda would not appear to be an issue here unless you gave the incriminating statements AFTER you were arrested.

Tell the truth to your attorney. It is very likely that this can either be sent to diversion, maybe dropped by the DA, or at the very least reduced to some lesser offense that will not require jail time or serious penalties. It may also be possible that the DA will not file at all.

Is this first hearing your preliminary hearing for a felony charge of PC 12020? Or is it the arraignment?
 

ackpacket

Junior Member
I'm sorry, I don't know the difference between a preliminary hearing or arraignment. So far I have not been to court and entered a plea, so I suspect that would be the first thing to do but i've never been through the court system before. During the booking process at the county jail I did meet with a representative of the court who allowed me to be released on O.R..

Do you recommend talking to the DA or whoever will be prosecuting me before the case and telling them the whole story? Is there a chance they can reduce the charges?

I heard from my bondsmen that my charges were reduced to a misdemeanor, but I haven't confirmed that myself and have no idea how to. Regardless, having a misdemeanor weapons charge on my record will severely affect my admission to the jobs and grad schools I will be applying for since I know for a fact they do background checks and weigh the results heavily if criminal activity is found.

All of this is so overwhelming, my court date is the 15th and I leave for school on the 18th. By the way, what part of norcal are you from? I'll be up there going to cal. Also if you're in the Oakland area my church is out there. Maybe we'll run into each other.
 
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