Legal Question in Criminal Law in Missouri

concealed weapons charge

Back in March my wife, my daughter and I were in Lambert Airport in St. Louis going through the security scanner to board a plane for Atlanta. My bag got held up and re-scanned 3 times. The TSA decided to physically check my bag. Much to all of our surprise; there were two 3 3/4 inch throwing daggers. I explained that I had no idea they were in there since this is a bag I didn't use much. I just emptied the bag the night before but they were stuck in the seams. They called a policeman who came and wroter me out a summons arrest form for 716.130. He said I would need to go to court and pay a fine and that this was just a violation of city ordinances. I explained to him also that we had no idea they were there. Who would try to board a plane with knives?!?!?! The TSA gave me a fine for breaking regulations of what I had with me when presenting myself at the scanner. Their fine was $125. Should I be concerned with the municipal charge? Am I guilty if I didn't know they were in my bag? Can they prove beyond a reasonable doubt that I knew I had them trying to board a plane? HELP!!!


Asked on 7/27/07, 11:04 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: concealed weapons charge

If I were you I would hire an attorney to represent me in the city courts. You do not want a conviction on your record for this type of offense. That would have very negative consequences for you. You should be able to negotiate a plea bargain that would avoid the conviction with minimal inconvenience and expense on your part. Attorney's fees for getting you through such a plea bargain would be relatively modest. Or, you could insist upon a trial which will definitely cost substantially more both in attorney's fees and in the risk of being convicted. Your right to have the prosecutor prove the mens rea (knowledge) aspect of this charge is largely a fiction. Judges, and juries routinely come to the conclusion that a defendant knew some contraband was in his baggage, his car or his home based upon the fact that it was found there and despite the defendant testifying that he knew nothing about it. You can certainly still take your chances that the judge or jury will belive you and let you off, but in today's political climate, I believe you would be safer seeking a plea bargain. Either way, if you are not already represented by legal counsel, you may call me for a consultation.

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Answered on 8/04/07, 12:45 am


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