Legal Question in Criminal Law in Virginia

Carrying a concealed knife laws and sentencing.

I am trying to find out the percentage of defendants who receive a prison sentence for carrying a concealed knife. I believe it is a class one misdemeanor. It carries a one year maximum penalty. I am currently driving on a restricted license for a DWI (my only offense in Virginia.) I am also on probation for possesion of oxycontin in Washington DC. (6 months) Also my only DC offense. I have other offenses, but in Massachusetts (all misdemeanor) Will those show up in court? This happened as the result of a traffic stop for a red light violation. I had a fisherman's filet knife in my car. The dwi, oxycontin and knife offense all happened in a row so I was not in violation of probation at the time of the ''ticket'' I received for the concealed knife. What are my chances of actually serving a jail sentence for this if I am currently working an impressive job (obtained post-arrest) and I am enrolled in College for the upcoming fall term? I did give concent for the search, thinking that I had nothing illegal. Do they have a case and how much trouble am I in. Thankyou in advance for any help anyone can give.


Asked on 8/14/04, 10:35 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Carrying a concealed knife laws and sentencing.

You haven't indicated which jurisdiction(city or county)in Virginia you picked up the most recent charge, but assuming it's one in Northern Virginia, given your previous record, there's a good chance that the prosecutor will ask for some jail time if you're convicted or enter a plea to the concealed knife offense. A conviction or entry of a plea for the knife offense would also be a basis to have you found in violation of the terms of your current DWI probation and to have additional sacntions imposed for this offense(DWI) which may have been suspended.

On the day of trial the prosecutor will have your complete "rap sheet", so to speak, showing all of your convictions wherever in the U.S. they occurred, which you and your attorney will want to scrutinze very carefully to ensure that it doesn't include convictions which either belong to someone else or of which you were never convicted.

You were very foolish to consent to the search of your vehicle as few people can ever be absolutely sure of what a police officer conducting such a search might find. (I'm a fisherman as well as occasional hunter and at this very moment could not tell you exactly what's under the seats of my SUV-----and whether it's all, necessarily, legal. Needless to say, under no circumstances would I ever consent to allow a police officer to search my vehicle.)

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Answered on 8/15/04, 9:47 am


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