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need legal help fast

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the other night, shit happened at a club and the bouncer kicked me out. when i was outside he searched me and found brass knuckles in my pocket which he took. when he took em, there was another guy who saw the bouncer take em off me. the cops were there later on that night and that guy told em i had the knuckles on me. the cop asked me if i had em earlier, and i said i did ( wasnt thinking clearly). anyway, i got arrested and had to pay the $120 to keep my ass out of jail. so i have a court appearance this monday. what exactly should I do? anyone know how much I will be fined?
 
as long as the bouncer does not show up as a witness you are fine...unless you were read ur rights before u said you had knuckles, what you told them cant hold up
 
i looked up class a misdemeanor and it says its a $1000 fine and/or 1 year jail sentence....

this is my first offence...what exactly should i plead at my court date. guilty?
 
its a class A mideamnor "unloawful use of a weapon"

i live in illinois
 
discussion said:


of course i care!! what should i do?????
Click to expand...

If you care then get a lawyer (if you can afford to) or talk to free legal counsel and see what your options are.

Admitting that you had them is one thing but if your lawyer can make it look like you said that you have them at home instead of having them on your body then you might get off.

Did the bouncer tell the cops? How did they come to ask you that question?
 
2Thick said:


If you care then get a lawyer (if you can afford to) or talk to free legal counsel and see what your options are.

Admitting that you had them is one thing but if your lawyer can make it look like you said that you have them at home instead of having them on your body then you might get off.

Did the bouncer tell the cops? How did they come to ask you that question?
Click to expand...

there was someone else who saw the bouncer take them off of me and that guy is the one who told the cops. I dont know if the bouncer said anything...im trying to get in touch with him.

anyway, the court appearance is tomrrow afternoon. im at a university...so im gonna go talk to legal services in the morning
 
well...if i remember correctly, cause i aint gonna a lexis search...

illinois has the same rules of arrest as my home state...

therefore, a police officer can only arrest for a misdemeanor that he witnesses/occurs in his presence...etc...

therefore, if you did not have possession of the brass knucks, it was an improper arrest...it does not matter that you admitted it, or that the bouncer said you had them...

did the officer mirandize you before asking questions??? were you led to believe that you could not leave the officer's presence???

it is up to the bouncer or the officer to contact the local prosecutor and seek a warrant for your arrest based on
their probable cause affidavit...if the officer did not administer the miranda warnings and you were not objectively free to leave, then he cannot use that against you to build probable cause...well, he can, but it will get shitcanned by the court...

retain an attorney as you do not want a class a misdemeanor on your record...or at the very least, talk to the prosecutor about getting an abeyance...you will probably need an attorney for that as well...
 
chill the fuck out...

tomorrow is your first appearance...plead not guilty...you can change your plea at trial if you wish...you do not need an attorney to enter a plea of not guilty...

but get one quick and get this shit ironed out...

ask around so you dont get a shithead...

goddamn i could make some money as a scumbag defense attorney...:D
 
the officer never read me my rights....

this all happened last night. and my court appearance is tomorrow. I didnt have time to get a laywer or anything. Do I even need one for a court appearance? Tomrrow morning I can talk to legal services at my school, but tahts about it. Im stuck for time...
 
how can a bouncer legally search you when you are getting kicked out.... i mean coming into the club i could see a wanding or something but why did he search you going out?
 
and...

im not so sure that i would involve the university in anyway...

make sure (by asking) that you have complete confidentiality
before disclosing any of this to university types...trust me!!!
 
yeah i know the bouncer shouldnt have serached me....he actually searched me in the parking lot....but I really didnt want to argue with him.

as for the university...i dont know where else to turn. the court appearence is at 1:30pm. if i plead not guilty, what exactly would i have to say after that?
 
saint808 said:
how can a bouncer legally search you when you are getting kicked out.... i mean coming into the club i could see a wanding or something but why did he search you going out?
Click to expand...


as an agent of the owner, the bouncer has possessory property interests...

in some states, they can even restrain you (cuffs) if it is a reasonable choice (you refuse to leave, one arm takedown and cuffing vs ass stomping)...

if the bouncer can articulate a reasonable reason for thinking an unwelcome person on the property was armed and thus a continuing threat, the search is good to go...

and of course, any private citizen searches do not activate the 4th amendment protections barring some govt action in causing or widening the search...
 
so tomororw at my first court appearance, i should plead not guilty...and then will I have to explain anything else to them? what happens from there?
 
discussion said:
yeah i know the bouncer shouldnt have serached me....he actually searched me in the parking lot....but I really didnt want to argue with him.

as for the university...i dont know where else to turn. the court appearence is at 1:30pm. if i plead not guilty, what exactly would i have to say after that?
Click to expand...


you dont say anything...

they will set you a court date and that is all as long as this is your initial appearance...

then get to work on finding a good defense attorney...

i would ask the cops in the court, "who is the biggest prick defense attorney around here?"

that will be the one you want...:D
 
bwood said:



as an agent of the owner, the bouncer has possessory property interests...

in some states, they can even restrain you (cuffs) if it is a reasonable choice (you refuse to leave, one arm takedown and cuffing vs ass stomping)...

if the bouncer can articulate a reasonable reason for thinking an unwelcome person on the property was armed and thus a continuing threat, the search is good to go...

and of course, any private citizen searches do not activate the 4th amendment protections barring some govt action in causing or widening the search...
Click to expand...

i find that very interesting and disturbing at the same time.
 
what happens if i plead guilty? do I pay a fine and this goes on my record? im not looking at jail time am I if I plead guilty?\\

btw..thanks so much bwood
 
Just say you were a bit intoxicated and you admitted the bouncer had the brass knucks. Say you misunderstood the question from the cop (since you were intoxicated) and thought the cop asked you if he (the bouncer) owned the knucks.
 
Hey Mister said:
Just say you were a bit intoxicated and you admitted the bouncer had the brass knucks. Say you misunderstood the question from the cop (since you were intoxicated) and thought the cop asked you if he (the bouncer) owned the knucks.
Click to expand...

im under 21 :(
 
discussion said:
what happens if i plead guilty? do I pay a fine and this goes on my record? im not looking at jail time am I if I plead guilty?\\

btw..thanks so much bwood
Click to expand...


likely...read again...likely fine and community service...

depends if the judge is on the rag or not...if there have been lots o problems at this club...etc...

it will not hurt you one iota to plead not guilty and think over your options...you can plead guilty later at the trial without an attorney as well...

but bro, having a class "a" on your record can close some doors on you (mostly govt work)...the way you have presented it, this was a bad arrest...get it thrown out and your "arrest record" expunged as well if you can...

do what i said...find out which attorney the cops hate the most...pick that one if you can afford him...
 
saint808 said:


was this an all ages place?
Click to expand...


it was 19 and up (like all the bars/clubs around campus)

bwood...

i will definitly plead not guilty tomorrow. i asked the cop at the county jail while he was doing my paperwork last night what will happen at my court appearance and he said they will decide whther or not to persue it or throw it out. so hoepfully there is a chance they will throw it out.

also, whats the typical cost for a defense attorney these days? ive never gone through this kinda thing before.
 
discussion said:



it was 19 and up (like all the bars/clubs around campus)

bwood...

i will definitly plead not guilty tomorrow. i asked the cop at the county jail while he was doing my paperwork last night what will happen at my court appearance and he said they will decide whther or not to persue it or throw it out. so hoepfully there is a chance they will throw it out.

also, whats the typical cost for a defense attorney these days? ive never gone through this kinda thing before.
Click to expand...

yeah...if they didnt get a witness affidavit from Mr. Helper, then it will most likely get thrown out...

scumbag defense attorney prices vary wildly bro...the really good ones around here charge a $1500 retainer and about 200 an hour...

you may qualify for free legal defense stuff if you are a poor student...check into that...lots of those guys have a good repoir with the local prosecutors...

but seriously, make sure you have complete confidentiality in your dealings with any of the university folks...

there are some weird rules that exempt some paralegals and legal aids from the standard attorney client privileged confidentiality...and i have no idea how illinois handles this...
 
well the main reason i wanted to consult the legal services at my school was because I thought that was my old option since I thought I needed some advice before my appearance tomorrow. I was very restricted for time, and I didnt think that I could get a consultation outside the school in time for tomorrow. I thought I would have to explain my case to them tomorrow too.

but now that I have talked to you, do you think its really necessary for me to go tomorrow at all to the school's legal service dept? From what I understood, I should plead not guilty tomorrow (and thats all I have to say), and then I will have more time to make an informed decision and I can do that through a private legal service.
 
since your court date is later in the afternoon, go to the legal service department...

just make sure there is complete confidentiality...by that, i mean that they cant use any of what you discuss to try fuck with you as a student...its not likely, but is a concern...

talk to them and make sure what i have told you is correct...

i am an ex cop and a law student, not a practicing attorney, and i am not 100% on illinois law...

i am not trying trying to frighten you, but laws and procedures can vary from state to state...
 
is there anyone I can talk to over the phone tomorrow instead of teh school? like a free phone consultation or something..do they have those?
 
discussion said:
is there anyone I can talk to over the phone tomorrow instead of teh school? like a free phone consultation or something..do they have those?
Click to expand...


just call the court clerk and make sure it is just
a plea session/first appearance/whatever they call it
up there...

and that all you have to do is plea and get a court
date set...

a little politeness with the court clerks will get you
all the info you need bro...
 
good news...

I didnt have to do shit..I walked up to the judge today and she handed me a slip of paper that said I have to join some learning program for a few days and all the charges will be dropped..

sweet deal :D
 
discussion said:
what happens if i plead guilty? do I pay a fine and this goes on my record? im not looking at jail time am I if I plead guilty?\\

btw..thanks so much bwood
Click to expand...

I got a class A. paid $1000 and it's on paper for life.

Plea it down to a violation if possible.
 
The bouncer had no rights to search you, cuase he obviously performed a "search". Then everything following after is just screwed up. Also, considering the circumstances (you were kicked out, maybe drunk) you could tell the judge you didnt actually had them on you. Also, remember (at least here) that security guards (with licenses) are seen as "rent-a-cops" by judges and their credibility is not worth a lot. So imagine a non-licensed bouncer (with usually low education). Everytime a bouncer and his employer is sued here, it ends up with a judgement granted to the victim.

Next step is to pay someone to send the bouncer to E.R.



p.s: Brass knuckles are banned over there ? WTF ?
 
discussion said:
good news...

I didnt have to do shit..I walked up to the judge today and she handed me a slip of paper that said I have to join some learning program for a few days and all the charges will be dropped..

sweet deal :D
Click to expand...



great...

just always remember what a simple little decision to carry
a weapon can do to your life...

them's the breaks...congrats on walking away clean!!!
 
discussion said:
good news...

I didnt have to do shit..I walked up to the judge today and she handed me a slip of paper that said I have to join some learning program for a few days and all the charges will be dropped..

sweet deal :D
Click to expand...

nice... after all it's not like you used them or had intent to use them.
 
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