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Home  →  California  →  Fresno, CA  →  Do i need a lawyer? I have a court date on January 25 2010 for having a Switch Blade in my truck in Fresno CA?
 
 

Do i need a lawyer? I have a court date on January 25 2010 for having a Switch Blade in my truck in Fresno CA?

I also got a citation for marijuana which will get thrown out as i have my medical marijuana card.
Should i seek legal advice or should I just go in by my self.

If this helps I do not have anything else on my record.

Relevant question

Answers (8):

1. Winning!
If it's a misdemeanor, just pay the fine and get the heck out of there, but if it's a felony, you DEFINITELY need a lawyer, badly!!

Good luck!...
2. Jeffrey V
A raft of search and seizure cases such as Belton and Harris have held that for an item to be seizable as evidence, your Due Process Rights must not have been violated. Here, I assume that the knife was seized during a traffic stop. There must have been probable cause for the stop within the meaning of Terry, which means if a reasonable police officer would have found cause to stop you, then the initial situation is okay. Now, that being said, unless there was odor from the drug in the vehicle or there was a drug dog on scene who alerted to the drug being in the vehicle, there might
be basis to exclude the evidence resulting from any unreasonable search of the vehicle. The Plain Sight and the Plain Smell Doctrines both allow for seizable evidence that is in plain sight or identifiable by smell to be admitted into evidence at trial Unless either of those situations apply, the evidence may not be admissible. The knife may also be subject to exclusion, depending on when and where in the search it was discovered. Getting the knife excluded from evidence is your only shot here because switchblades are illegal weapons in the state of Calfornia. Do you have a PD? If not, why not? Get legal advice without fail before your trial, because you will probably get railroaded if you don't.
3. John S
I would NEVER advise somebody to face misdemeanor charges without a lawyer. If you cannot afford an attorney, one will be appointed for you. There are certainly legal questions here, including whether the stop was valid, and whether the search was valid. There may even be a question whether this was a switchblade. It is illegal to sell switchblades, so whoever sold it to you seems to have thought it did not qualify as one.
4. political atheist
I assume it is a misdemeanor?

If so, just represent yourself and pay the fine. You have very little chance at beating the cop or the court in a ruling.

If it is considered a felony (of any type), hire an attorney and fight the charges.
5. zepper0
You don't need an attorney to plead guilty or no contest. If you want to fight or get the charges reduced, you need someone who knows the system.

.bh.
6. ?
what did u have a switch blade in ur truck for? work?
7. Hash
Use the one that get appointed to you. Thats sucks, its your truck you should be allowed to keep what you want in it.
8. fangtaiyang
If you cannot afford an attorney, one will be appointed for you.

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