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  1. #1
    Join Date
    Apr 2011
    Posts
    3

    Default Weapons Offense Charge After Pedestrian Saw Passenger With a Gun

    My question involves criminal law for the state of: North Carolina

    Alright fellas. Here's the situation.

    About 2 months ago I was driving down a local back road. I was on my way back from shooting. I had two other people with me, one being in the back seat with one of the guns. While driving down this back road a sheriff rode by. So as I come to the next stop sign, I have the kid in the back seat put the rifle further back where it belongs. As he does this, two people behind me run like hell. So as I am driving home I am stopped by a the town police. He tells me there is a BOLO out for my vehicle and calls the sheriff of the county I was in. After an hour, the sheriff arrives and questions me and takes all my guns and one bowie knife. (All of these were unloaded with bolts out) I tell him what happens and he seems content. He detains the kid I had in the back and I say "Am I free to go" and he says "yes"

    So, I go up to the police station to pick up my friend, and I fill out a voluntary statement. After doing this, I sit around and wait for my friend to get done being questioned and filling out his stuff. I am told that his parents are coming to pick him up as he is only 15 and after she approves, he can ride back with me. So I go down to see the magistrate and he tells me my bond is $2000 and I am being charged with Assault by pointing a weapon and Contributing to the deliquincy of a minor. I am put in handcuffs and taken to jail. I stay there overnight in a "holding tank" and the next morning I am bailed out. I don't believe I was ever arrested and the "victims" have changed their story twice.

    The gun was a M91/30 and the vehicle was a 1999 Jeep Cherokee

    I would really appreciate any thoughts or help on my situation. Am I at fault? Was the confiscation of my guns legal? I am 18 and attempting to go in to the Coast Guard and I cannot if I have a class A misdemor. Which this is.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: The Legality of My Arrest and Search

    YES, you were arrested, as there is no such thing in the United States as detaining a person in jail without probable cause while an investigation ensues.

    The fact, according to you, the story changed as to have enough evidence to charge you is a plus in your favor, as you were free to go you say and voluntraily went to the station to pick up your friend. You have said no one else was charged with assault by pointing a weapon, so I assume the 15 year old was taken in for curfew or such? Right?

    If the guns were taken on the scene, why was not someone charged right then? To be confiscated, they must be for evidence.

    The legality of that can be challenged by your attorney. If you are facing possible jail time, you need to Plead NOT guilty and request a public defender if you can not afford one. Tell him or here your concern about a charge on your record and wanting to join up. They can attempt to work out a plea deal or if you are factually innocent, stand trial and your attorney will defend you.

  3. #3
    Join Date
    Apr 2011
    Posts
    3

    Default Re: The Legality of My Arrest and Search

    Detainment is considered 48 hours or less, right? I would have stayed there for 2 months had I not been bailed out right away. The 15 year old was charged with assault by pointing a weapon as I was. His charges were dropped right away and he had the charges transferred to our home county rather than the county the offense happened. Would this help?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: The Legality of My Arrest and Search

    Would what help?

  5. #5
    Join Date
    Apr 2011
    Posts
    3

    Default Re: The Legality of My Arrest and Search

    Having the charges transferred to our home county & him having his charges dropped right away.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: The Legality of My Arrest and Search

    Quote Quoting rsb_obx
    View Post
    Having the charges transferred to our home county & him having his charges dropped right away.
    Your an adult, he's a minor. Typically when a minor is in trouble with the law for there first time they are placed with there home town/county for punishment.

    The charges may have been dropped for the minor because he told the DA that he didn't point the firearm at anyone, and proceeded to tell the DA that you were the one that let him handle the firearm in the back of the vehicle. Then when the sheriff passed your vehicle, you told him to put the firearm in the cargo area of the vehicle, and it's when placing the firearm in the cargo area that someone must have seen him doing so and called the police thinking he was pointing the firearm at them.

    that explains why his charges were dropped and you inherited them.

    Quote Quoting rsb_obx
    View Post
    I would really appreciate any thoughts or help on my situation. Am I at fault?
    You are 100% at fault. I know you said the firearms were unloaded but, what part of keeping the firearms in a locked container in the cargo area didn't you understand?


    Quote Quoting rsb_obx
    View Post
    Was the confiscation of my guns legal?
    Absolutely, you committed a crime and they took the weapons away from you.

    Quote Quoting rsb_obx
    View Post
    I am 18 and attempting to go in to the Coast Guard and I cannot if I have a class A misdemor. Which this is.
    Well then you need an experienced lawyer to defend you in court. You may also want to find out if you are still eligible to possess firearms if you get convicted.

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