Legal Question in Criminal Law in New Jersey

Arrested for declaring knife?

I was to get fingerprinted for a firearms application in my area. Upon arriving, the detective seemed pretty much on the edge. When he opened the door to the restricted police area, I just realized I did something stupid and brought a knife with me (was tired). I carry it with me all the time since I go to the city a lot.

Once I told him this, he said to show him the knife. I lift up my shirt, he says to show me the knife. I take it out, with only 2 fingers holding it. He then said to take it home then come back without it. The man kept yelling, I got flustered and put it on the counter next to the door.

When I reached for it again, he arrested me for illegal possession of a deadly weapon??? No Miranda rights were given, I could not speak with my lawyer.

He also wouldn't allow me to speak with a lawyer, and kept forcing me to sign the paper laid out on me.

After I was put in a jail for a bit he processed me, and the police report was very vague and the charge was different than what he arrested me for (4th degree crime).

Could my criminal/arrest record get expunged after this? It was clean before this.


Asked on 6/06/09, 11:02 am

5 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Arrested for declaring knife?

It sounds like he was initially going to let you go, although you had broken the law by carrying the knife, and had placed in the position of having to arrest you. That is why he yelled at you to take the knife home. When you did not comply he got angry for a different reason and you were arrested.

At this point, the thing is to avoid a conviction, not to plead guilty and hope for an expungement. You need to hire an attorney NOW.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/06/09, 11:14 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Arrested for declaring knife?

You need to win first. Call me at 732/247/3340 to discuss your case. I'll be around all weekend.

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Answered on 6/06/09, 1:23 pm
Kenneth Vercammen,Esq. Kenneth Vercammen

Re: Arrested for declaring knife?

2C:39-3. Prohibited Weapons and Devices.

a. Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.

b. Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree.

c. Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.

d. Defaced firearms. Any person who knowingly has in his possession any firearm which has been defaced, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.

e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.

To read entire article, go to http://www.njlaws.com/Weapon_Offenses.htm

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Answered on 6/08/09, 12:48 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Arrested for declaring knife?

You haven't been convicted yet, and there may be a way to beat this charge anyway, so it is too early to talk about an expungement. You need a lawyer to defend you on the charge itself first. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 6/08/09, 2:21 pm
david bildner bildner law firm

Re: Arrested for declaring knife?

Yes, it is possible to have this arrest expunged from your record, but it is more important to try to stop you from getting convicted of this charge in the first place.

Technically, you broke the law by bringing the knife into the police station, even if it was by accident. The police officer recognized that you were not trying to break the law and he told you to take it home in order to give you a break. When you did not listen to his instructions, you pissed him off and made him worried that you might be dangerous because you were unpredictable. That is probably why he arrested you.

It may still be possible to stop yourself from getting a conviction for this charge. It is presently an indictable charge, with the possibility of 18 months in jail and a criminal record.

You need a lawyer, both to have someone familiar with the law and to convince the courts that you are taking this seriously and responsibly.

Give me a call at 877\688\3879.

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Answered on 6/07/09, 1:04 pm


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