How do I fight a criminal weapons possesion charge in the 4th degree? 5 Answers as of May 24, 2011

I was pulled over for speeding on my way back from a camping trip. The car was filled with all of our camping gear including a hunting knife. I was subsequently arrested and charged with criminal weapons possession in the 4th with intent to use. The knife was in the car and in it's sheath. This is my first offense and I don't know what to do next?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I do not know why you were even charged from what you stated, a hunting knife is not illegal. However the intent to use part is something they would have to prove and I do not see how they can do that unless there is more facts that you did not mention. In any case you should hire an attorney.
Answer Applies to: New York
Replied: 5/24/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
These are serious charges. You need to retain criminal defense counsel. That the knife was in a sheath is no defense. The question that pops out to me is why was the car searched if you were only stopped for speeding? Our office practices NY criminal defense, and we can be reached toll free for a no obligation phone consultation.
Answer Applies to: New York
Replied: 5/23/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
The best thing you can do is consult with and hire a good criminal defense lawyer. It doesn't sound like a case at all to me, however, if you had a prior conviction, then it might be a sufficient criminal case to proceed with, but under the circumstances you mention, I doubt it. I think you should fight this case strenuously with the help of a lawyer.
Answer Applies to: New York
Replied: 5/20/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
Some knives like gravity knives or switchblades are illegal to possess. It is illegal to possess a weapon with intent to use it. Therefore if you admit to the police that you had the knife or razor blade or baseball bat to 'protect yourself' you are guilty of Possession of a Weapon as a misdemeanor. You have not committed a crime if you simply had a hunting knife in the car and I can have that charge dismissed. If you made certain statements to the police then you might have to plead to a Disorderly Conduct and get a $250 fine, but you will not usually get jail time for simple possession of any knife.
Answer Applies to: New York
Replied: 5/20/2011
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
Best bet is to retain a good criminal defense attorney. I am a former federal and state prosecutor and now handle criminal defense so feel free to check out my web site and contact me.
Answer Applies to: New York
Replied: 5/20/2011
Click to View More Answers: