Arrested for Nunchaku: How serious is this?

[ElDub1950]

The best advice above it to not say anything else here (or anywhere) and lawyer-up.

There are to many unknowns to even guess how this will go. Mainly depends on how big a dick your DA is, the city/neighborhood it happened in, and especially your history.

[Outta Control]

Like some stated, Lawyer UP Asap. I would have to guess that if you have a clean record the least you will get is a Misdemeanor but of course it depends on your past record.

[keenkeen]

Forgot to add other important pieces of information:

- The nunchucks were not originally mine, they were a friends (from high school!), I still have contact with this friend too.
- The nunchucks were also serverely beat up from rolling around in my trunk for 2 years! (Perhaps I can request the evidence to be shown?)

Yeah, that will be good. Try to prove in court that you have been committing a crime continuously for 2 years...that will be a heck of a defense.

Seriously, show up on 9/25 and plead not guilty if it comes to that. Then get a lawyer once you know what you have been charged with.

[HBsurvivalist]

Yeah, that will be good. Try to prove in court that you have been committing a crime continuously for 2 years...that will be a heck of a defense.

Seriously, show up on 9/25 and plead not guilty if it comes to that. Then get a lawyer once you know what you have been charged with.

Thank you for the insight/advice. I knew that hiring a lawyer was a matter of time, but this makes it more clear. I will definitely show up to court on my date and will follow through. So I would plead not guilty, then would I be able to ask for a time extension on the grounds that I am looking for legal representation?

Does anyone have any recommendations for legal representation? I have so far gotten one(1) PM only, would like to have a few more lawyers ready on hand.

And for those who are wondering: I am 20 years old, no previous violent crime history. This happened in Huntington Beach.

[ramathorn]

Nunchucks are for ninjas. Are you a ninja?

[socal147]

Silence.

Lawyer.

End of rant.

[keenkeen]

Thank you for the insight/advice. I knew that hiring a lawyer was a matter of time, but this makes it more clear. I will definitely show up to court on my date and will follow through. So I would plead not guilty, then would I be able to ask for a time extension on the grounds that I am looking for legal representation?

Does anyone have any recommendations for legal representation? I have so far gotten one(1) PM only, would like to have a few more lawyers ready on hand.

And for those who are wondering: I am 20 years old, no previous violent crime history. This happened in Huntington Beach.

Yes, if you are asked to plead at that time you can go with "Not Guilty", they will then set a trial date a ways out and you will have time to get a lawyer.

The goal for your lawyer is to get them to make you an offer that you can live with (misdemeanor plea, suspended sentence, pre-trial diversion, etc.) or even drop the charges because it is just not worth pursuing. With your record I am sure something can be worked out...they may even offer you something like this on 9/25 just to keep things moving.

[HBsurvivalist]

Yes, if you are asked to plead at that time you can go with "Not Guilty", they will then set a trial date a ways out and you will have time to get a lawyer.

The goal for your lawyer is to get them to make you an offer that you can live with (misdemeanor plea, suspended sentence, pre-trial diversion, etc.) or even drop the charges because it is just not worth pursuing. With your record I am sure something can be worked out...they may even offer you something like this on 9/25 just to keep things moving.

Thank you again for clarifying keenkeen. Just wanted to make sure.

[rspar]

It appears it's punishable by up to a year in county. But I doubt they want you in county considering the over population problems.

[BigDogatPlay]

It appears it's punishable by up to a year in county. But I doubt they want you in county considering the over population problems.

Let's check the Penal Code shall we?

The Penal Code on nunchaku....

22010. Except as provided in Section 22015 and Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any nunchaku is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.


22015. Section 22010 does not apply to either of the following:
(a) The possession of a nunchaku on the premises of a school that holds a regulatory or business license and teaches the arts of self-defense.
(b) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school that holds a regulatory or business license and teaches the arts of self-defense.

22090. Except as provided in Section 22015 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any nunchaku is a nuisance and is subject to Section 18010.

And PC 1170(h) has the following.....

(h) (1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.

Possession of a nunchaku is a felony, which may be reduced to a misdemeanor. This is known as a wobbler. If convicted of the felony it can be up to three years imprisonment.... and a lifetime loss of rights to own or possess any firearm or ammunition.

While most often these will get knocked down to a misdemeanor, a charge like this is nothing to be ignored or trifled with. The OP needs to stop posting here now, engage a competent criminal defense attorney immediately and be prepared for the worst possible outcome. DO NOT UNDER ANY CIRCUMSTANCES appear in court at a criminal proceeding against your interest without competent counsel present to represent you. Get a lawyer now.

OP made a very simple mistake which has the potential to be life altering. Beating him up here over what he should and should not have done, or speculating about his case or what he should do about it, does no good.

[RileyBean]

Personally i think Its a racist law:

nunchucks, kubotan (palm stick), shuriken (ninja star), chain whip, three section staff, tonfa (night stick), balisong (butterfly knife) and karambit are all prohibited under the same law.

Ninjas are scary and we need to make being Asian illegal.

Exactly!!!! Just one big conspiracy by the commies to criminalize more law abiding citizens so they get more felony statistics. F the authorities!!!

It probably had absolutely nothing to do with the OP actually having illegal weapons in his possession. The OP should have grabbed the nunchucks and opened some whoop*****. Then at least the felony would have been worth it. Maybe some face paint - Braveheart style........ DOWN WITH THE COMMIES!!!!!!!!!!!!! [sarcasm for those of you with 2 digit IQs]

[yzErnie]

Where I work, if they were locked in your trunk we wouldn't even take a second look at them. Technically though, a felony to possess.

[durandal]

Really though the only exceptions to possession of chucks are if they are not weapons, like Kiddie nunchucks: Hollow plastic covered with foam..

Or if they are in a martial arts school.

Unless they were plastic toys and part of your halloween costume or you were transporting them back to your karate instructor's school, i would have broken the chain or cut the cord between the sticks.

Were they foam? Wood? Aluminum?

Did they attached by a speed swivel, or cord?

Too late for any of that now though. Good luck.

[Fortified Peasant]

1. Did you give them permision to search the trunk? If not they had no right to look in your trunk. Looking inside the passenger area and the trunk are two different things. The trunk is a locked area and they would need to ask if they could look in it seperatly.

2. Why the heck would you let them look in your car? Duh...


GET A LAWYER NOW!

[pieeater]

How much is a lawyer going to cost?