BLADE Magazine

3 Things to Do if You’re Arrested for a (Possible) Knife Crime

You’re innocent until proven guilty, but don’t expect any special treatment for you or your knives.

The following in an excerpt from Knife Laws of the U.S.

You have NO need to read this article because it could never happen to you. Right? This article must have been written for knife-wielding thugs or street gang members. Right? Why would law enforcement authorities ever come after you? Right?

WRONG! Merely because you possess or carry a knife, knife law enforcers may try to justify their existence by turning you into an accused “law-abiding” criminal. Even though you are a careful, honest knife owner, with no intent to do any harm, and would never knowingly break the law, this can easily happen to you. I have plenty of criminal case files of examples of innocent, unsuspecting, law-abiding folks having to fight their way through the justice system to “prove their innocence.”

#1: Remain Silent

The Fifth Amendment protection against self-incrimination, also known as the “Right to Remain Silent,” is one of the most important Constitutional protections Americans have, that many other countries do not grant.

Yet, naive people in the United States routinely ignore Fifth Amendment protections and bury themselves with “explanations.” When it comes to a criminal violation, most law-abiding citizens are ignorant about the details of the law and its many loopholes and defenses. By opening their mouths, they remove all doubt about their ignorance and usually give the state something not just to use against them, but to twist against them.

#2: Ask for your Attorney

The Sixth Amendment guarantees an individual’s right to an attorney. By asking for your/an attorney and remaining silent, honest knife owners provide themselves with a fundamental foundation for a strong legal defense. Defense attorneys smile when they learn their clients stood firm on their rights.

Say, “I want my attorney.” If you do not already have an attorney, say, “I want an attorney.” Requesting an attorney does much more than simply getting legal counsel. Simply requesting an attorney causes a wall of Constitutional protection to spring up around you.

#3: Do Not Consent to Waiving Any Rights

A right given up is a right lost. Do not consent to a search without a warrant. Do not sign any documents or statements without an attorney’s advice. All citizens have a Fourth Amendment right to a warrant being issued before their person or premises are searched.

There are exceptions to the necessity for a warrant, and there is a large body of law that exists as to when law enforcement officers have justification or probable cause for a warrantless search. However, whether an exception for the warrantless search exists or not, you should never consent to a warrantless search.

 


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