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Disputing a Weapons Charge With Out of State Court Opinions

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  • 07-05-2012, 11:21 PM
    99gsxr750
    Disputing a Weapons Charge With Out of State Court Opinions
    My question involves criminal law for the state of: Ca


    I was arrest for posession of a dangerous weapon,the police said that when they questioned me about what i had they said that i said,"i know it's illegal and im not suppose to have it,i use it for my protection".
    i did not say say any of that.
    california as far as i can see labels what i had as a weapon,i have found at least 7 out of state court opinions saying what i had is not a weapon.
    can i use these out of state opinions in any way to show the court or use in my defense?
    i can't really find any california cases that say this is a weapon,only what california law says.
    if im entitled to a fair trial then i should be able to bring these out of state opinions into evidence,if not the court is saying look this is what we say and no other opinion will be heard,that is bias and one sided

    fair:
    free from bias, dishonesty, or injustice
    implies the treating of all sides alike, justly and equitably: a fair compromise

    also at a criminal pre-trial will i be able to talk to the judge and ask questions,will i be able to show her proof of an officers incostint statements?
    ithe prosecutor should not be pushing this bogus charge and i would like to be heard by the judge before trial so that i can get this case dismissed.
    my public defender doesnt want to listen to what i have to say and doesnt want to hear my side because she knows im right and they're wrong.
    what exactly is my best options?
    thanks




    I have a Pre Trial soon and i only found one california case opinion to help in my defence,i found several out of state court opinions
  • 07-06-2012, 12:03 AM
    cdwjava
    Re: Citing Out of State Court Opinions
    Let's start with the basics: What did you have?

    What are you charged with? (code sections)

    If not a Penal Code section, then what city or county are you in as the offenses might be local codes?

    Your out of state opinions would be worthless unless you are FROM one of those states and have been carrying said weapon all your life and just happened to be passing through. Then you MIGHT be given a pass. Maybe. But, it all depends on what this weapon was.

    As for talking to the judge at "pre-trial" ... that depends on what the charges are. Is the next hearing an arraignment? If already arraigned on a felony, is the next hearing the preliminary hearing? Chances are you will not be given much opportunity to talk to the judge in either hearing unless you are represented by legal counsel and - for some reason - your attorney gives you the nod to do so. Odds are he is going to tell you to shut up.
  • 07-06-2012, 04:32 AM
    99gsxr750
    Re: Citing Out of State Court Opinions
    id rather not say what i had,but it is not a weapon.
    police came to my home on a parole compliance search 2 weeks before i discharged,my brother accused me of selling drugs and threatened to call the police and my parole officer,i can not prove the police came to my home because of his threats but i know thats why they came,the cops first words were wheres the drugs and money,i dont sell or use drugs nor have i had any drug charges.
    they asked me several times where the drugs are and everytime i said nothing here they became abusive,threatening,intimidating,telling me that if they dont find any drugs they will take me to jail for being under the influence so i better come up with names and adresses of my drug dealers,the tone in this cops voice and his actions made me feel very uncomfortable and scared for my safety(i dont use so i wasnt under the influence)every step of the way the cops were getting more abusive,intimidating,and threatening.

    so they found a tool i had which is not a weapon but it became a weapon because the cop said that i said i know its illegal and im not suppose to have it,ive fallen onto hard times that im on the streets and i use it for my protection.i was arrested did a 35 day violation and bailed out 70,000 bail

    i have documents including my tax returns,customer repair order reciepts,pinkslip for car and motorcycle value 13,000,insurance payment copies,etc...basically proving that everything the cop said i said is a lie,he said i was on the streets,what a f**kup that was when in fact arrested me in my home

    ive already spent 35 days in jail,7,000 to bail out,now if i found gulty at trial its 2 years in prison.
    the only thing the prosecutor has is a cop saying i made those statements,there is no signature,audio,or video evidence of me making any statements(even when the cops had a video camera present they did a video recording of before and after the search)but no video of me stating anything.
    the cops have filed a false police report,committed perjury while under oath,tampered with evidence,had me imprisoned on false statements,what do you call it when i pay 7,000 bail to get out of jail because a cop lied to have me arrested,extorsion maybe?now a prosecutor pursuing this matter to prosecute me and incarcerate me when he knows the cop is lying(both my public defenders say the cop is a liar,i told my parole officer the details and asked him if he thought i would make those statements and he said no i know you wouldn't,every person ive showed the police report to tell me the same thing,that why would anybody say that it doesnt even make sense the cop is a liar.so out of say 25 people all agree the cop is a liar thats 100% i can not say that the prosecutor does not have any common sense,im sure he is very smart,because anyone with any form of logic and common sense can see that the cop statements are lies.
    i have a 10,000 car which i paid cash for/3,000 motorcycle i paid cash for/live in a 375,000 home/im employed/pay insurance/dont use or sell drugs/not a gang member/but hey this doesnt mean anything to the prosecutor,what matters is the cop said that i said im out of work fallen onto hard times on the streets and use it for my protection,
    my public defender has no interest in filing motions or getting the case dismissed,everything i have in my defense i have to prove,like tax return copies,pink slip copies,work order copies,proof of address copies,i told her the cop tampered with evidence she says can u prove it,cop is a liar can u prove it,my brother called on me,can u prove it,i have a job,can u prove it,i have a home can u prove it/well now we have a cop who swears that i made these statements but where is the question im asked everytime?(can u prove it)mr.cop can u prove he made those statements,no i cant,thats ok mr.cop because your are the accuser and you don't need to prove anything,youve arrested the defendant he was sent to jail did 35 days cost him 7,000 to get out now hes on trial facing 2 years in prison with out any proof from you he made those statements,we realize you had a video recorder present mr.cop and being you did have a camera present it should have been your duty to have video evidence of the defendant making those statements or at least ask him if it would be ok.it really doesnt matter though i mean hey if you say thats what the defendent said thats good enough for us.
    i wanna make something clear,when an officer swears an oath to protect and serve the public then makes up lies,falsifies reports,tamperes with evidence,and has people thrown in jail costing thousands of dollars to get out now facing criminal charges and facing prison time because of his corruption what can this person do?nothing thats what

    i hear cops say all the time why would a cop risk his job and career by falsifying a report ot lying
    puh-lease this kind of corruption happens on a daily basis in every city of every state,the lie because they know they can get away with it,they know the department,the judges,prosecutors will back them.i mean some cops do get prosecuted for corrupt actions thats only when theres factual evidence and verified proof of there actions.but most of the time cops get away with it because as the saying goes its your word against the cops word.

    if i was a cop i would think to myself if i falsify a report or perjur myself i would loose my job,my career and maybe go to jail,that would be reason enough to make sure i would not try that(even i wouldnt do it anyway)so what would the reason be for this kind of thing happening on a daily basis?why arent police deterred from falsifying reports,lying,etc...why do police use excessive force and tase,club,pepper spray,and beat citizens to death?why dont cops ever go to prison for there actions well very few do 90% dont.the only logical answer is because they know they can get away with it,they know they're sergants etc... have they're back,id be scared shiatless about doing something wrong because id be in trouble.but it constantly happens

    so being that a cop doesnt need proof when he claims i made those statements,i was arrested just on his word,jailed on his word,bailed out now trial only on his word no proof,according to my public defender mr.cop is the accuser and because he's the accuser he doesnt need proof.

    all mean are created equal right law applies to everyone the same way correct?so when i file perjury charges,tampering with evidence,falsifying reports,on this cop i dont need any proof right?this cop will be arrested,thrown in jail,pay thousands to get outta jail,then let a jury decide if hes innocent or guilty,all of this will happen to the cop because i said he did with no proof right just the same exact thing he did to me.

    are you starting to see the picture?do i have to explain it better?take it for what it is,im mad as hell,the public officials say nobody likes it when you call cops liars,dont get mad or upset in court,be polite,seriously?cops and courts destroy peoples lives,there futures,they destroy families financially,incarcerate people becuz the state broke,public defenders dont wanna hear that your innocent,they wanna convict,id like to hear what about our system that is fair?

    ive said enough huh?well i ahh told it like it is
  • 07-06-2012, 06:31 AM
    free9man
    Re: Citing Out of State Court Opinions
    Wow...all that to say nothing. What exactly were you violated for? If you were in possession of a weapon, regardless of whether you were on the street or at home, it was likely a violation of your probation. By the way, what were you on probation for? Further, if CA says its a weapon and you're in CA...it's a weapon. States have the right to determine for themselves, absent some kind of controlling Federal precedent, what is a weapon in their jurisdiction. Unless as cdwjava said, you lived in a state that does not view it as such and have always carried it. Even then the judge doesn't have to accept it. What the officer said in his/her report is pretty immaterial, its what they testify to that is important.

    Get the picture? You threw so much anti-law enforcement ranting up there that it is impossible to get the picture. Unless your picture is that the "Man" is out to get you.
  • 07-06-2012, 08:24 AM
    PTPD22
    Re: Citing Out of State Court Opinions
    § 12020
    (a)Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
    (
    1)Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.

    If it is on that list, it is illegal to possess. It doesn't matter whether YOU think it is a weapon, what your intent was, or what some out-of-state court rules. In fact, a CALIFORNIA court cannot make a ruling about whether it is a weapon or not! It has been defined as a weapon by statute and only your elected representatives can change it.
  • 07-06-2012, 11:19 AM
    cdwjava
    Re: Citing Out of State Court Opinions
    Quote:

    Quoting 99gsxr750
    View Post
    id rather not say what i had,but it is not a weapon.

    Whether YOU think it is a weapon or unlawful is entirely IRRELEVANT. The question is whether or not the state of CA or the local municipality has a statute making possession of it unlawful that is of consequence.

    If you refuse to say what it was you had, or the code section for which you have been charged, then we're done here because we can be of no help to you.

    - - - Updated - - -

    Oh, and as a note, PC 12020 was eliminated in January and modified into a host of new sections. I still haven't finished programming them all into our records management system at the police department! Someone in Sacramento thought it would be easier to turn a couple dozen sections into a hundred or more!
  • 07-06-2012, 02:45 PM
    99gsxr750
    Re: Citing Out of State Court Opinions
    Quote:

    Quoting PTPD22
    View Post
    § 12020
    (a)Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
    (
    1)Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.

    If it is on that list, it is illegal to possess. It doesn't matter whether YOU think it is a weapon, what your intent was, or what some out-of-state court rules. In fact, a CALIFORNIA court cannot make a ruling about whether it is a weapon or not! It has been defined as a weapon by statute and only your elected representatives can change it.

    so in this list there are items such as firearm,ammunition,knife,shotgun,handgrenade,etc.. . obviously these are weapons as weapon is something used and designed to be used as to inflict injury or death.
    lets go further on blackjack,billy,sandclub,sap.these are also weapons cause they are made for inflicting injury
    lets get specific on a tire checker,is this a billy?no its a tool,can it be considered a billy?can a cat be considered a dog?no

    i was charged on posession of a tire checker

    http://www.oreillyauto.com/site/c/de...0982&ppt=C0192

    this is not a weapon oreiley does not sell weapons,can it be used as a weapon?sure anything can be used as a weapon,but its a simple question that is a yes or no answer,is this a weapon,no!
    the police actually made two reports,a regular one charges are posession of a dangerous weapon,and my parole copy charges are posession of a deadly weapon,
    posession of a deadly weapon is instrumentfrom the matter in which is used or intended to be used is calculated or likely to produce death,weapon that is deadlyin and of itself or would ordinarilly result in death by its use.
    now why do i have a charge of deadly weapon?how is it when i am at home at 9:00 in the morning no one here,but yet im accused of having a tire checker and that i intended to cause death?

    dangerous weapon i am charged with is because the cop lied and said that i said i use it for protection
    the words tire checker that were on it was some how removed while in evidence,either sanded off or chemically removed.
    the cop is a liar period.


    this tire knocker i would not have around because my impression even though it says tire thump i might get in trouble just by the way it looks,like a club,bigger and rounder on the end

    http://www.amazon.com/RoadPro-RPTT-1.../dp/B001JT5CFY


    there is such thing as common sense,logic,and there is a difference between these two tire tools by the looks alone
    i did not posess it as a weapon nor have i ever considered it to be a weapon.why should think i can not have this,simple fact IT IS NOT A WEAPON!!!!!!!

    - - - Updated - - -

    Quote:

    Quoting free9man
    View Post
    Wow...all that to say nothing. What exactly were you violated for? If you were in possession of a weapon, regardless of whether you were on the street or at home, it was likely a violation of your probation. By the way, what were you on probation for? Further, if CA says its a weapon and you're in CA...it's a weapon. States have the right to determine for themselves, absent some kind of controlling Federal precedent, what is a weapon in their jurisdiction. Unless as cdwjava said, you lived in a state that does not view it as such and have always carried it. Even then the judge doesn't have to accept it. What the officer said in his/her report is pretty immaterial, its what they testify to that is important.

    Get the picture? You threw so much anti-law enforcement ranting up there that it is impossible to get the picture. Unless your picture is that the "Man" is out to get you.



    ANTI LAW ENFORCEMENT? i stated facts,and can prove everything i stated,so why do u consider factual police corruption anti law enforcement?if law enforcement honored the oath they swore to as a peace officer things would be fine,unfortuanatly they follow policy orders of the united states corporation's policy a.k.a police officers=policy officers.

    can u not tell the difference between protecting the public and railroading the public to generate revenue for the state?
    geez
  • 07-06-2012, 02:58 PM
    cdwjava
    Re: Citing Out of State Court Opinions
    Quote:

    Quoting 99gsxr750
    View Post
    i was charged on posession of a tire checker

    So, you were in possession of a club. A bludgeon.

    Are you an auto mechanic? Do you work a tire shop? Are you a commercial trucker? If the item was supposed to be for checking tires, why was it in your residence and not in your vehicle or work place?

    22290. Except as provided in Section 22215 and in Chapter 1
    (commencing with Section 17700) of Division 2 of Title 2, any leaded
    cane or any instrument or weapon of the kind commonly known as a
    billy, blackjack, sandbag, sandclub, sap, or slungshot is a nuisance
    and is subject to Section 18010.

    18010. (a) The Attorney General, district attorney, or city
    attorney may bring an action to enjoin the manufacture of,
    importation of, keeping for sale of, offering or exposing for sale,
    giving, lending, or possession of, any item that constitutes a
    nuisance under any of the following provisions:

    (11) Section 22290, relating to a leaded cane or an instrument or
    weapon of the kind commonly known as a billy, blackjack, sandbag,
    sandclub, sap, or slungshot.


    Of course, wouldn't a tire gauge work MUCH better than thumping the side of the tire?

    You can certainly request a trial and hope that a judge and jury will buy that this was not a weapon and that you actually did use it to check tire pressure.
  • 07-06-2012, 02:59 PM
    Mr. Knowitall
    Re: Citing Out of State Court Opinions
    The police found the tire knocker where? You kept it there for what legitimate purpose?
  • 07-06-2012, 04:26 PM
    flyingron
    Re: Citing Out of State Court Opinions
    If it is one of the lead weighted knockers, it's a dangerous weapon under California law whether you intended to beat your tires or some human victim.
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