Legal Question in Criminal Law in California
I live in The OC and was stopped by the police and had my car searched. Had brass knuckles in the trunk that I forgot I even had. Was taken to jail and released 12 hours later with a promise to go to court. Just wondering if I am ok or should get legal help.
4 Answers from Attorneys
You are not OK without legal help. How was it that they searched the car?
Possession of metal knuckles is covered under Penal Code section 12020 and can be a felony or a misdemeanor.
The issue may come down to whether the search of your trunk was legal. That will require a full analysis of your case from a Fourth Amendment standpoint. Was the original detention legal? Were there Miranda violations? Etc.
Felony or misdemeanor, you're facing criminal charges. You absolutely should have an attorney.
See this link for more information about metal knuckles.
http://www.joedane.com/featured/california-law-on-brass-knuckles-metal-knuckles-and-composite-knuckles-orange-county-criminal-defense/
OK?? You are charged with a crime. If the DA charges you with a felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail -- on each count. Multiple counts and charges just make your situation worse, of course.
�What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. Follow the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me.
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