Criminalizing The Law Abiding
Some will tell you that what you don’t know can’t hurt you. Others say if you have nothing to hide you have nothing to worry about.
But what happens when you try to do the right thing and still get ensnared in government’s screwed up way of trying to keep you safe?
From Wednesday’s Charlotte Observer:
“A Charlotte elementary school was briefly placed on lockdown Wednesday morning after a parent brought a gun on campus.
School officials at David Cox Elementary in north Charlotte placed the campus on a lockdown for about 20 minutes around 10 a.m. after a gun was discovered in a woman’s car.
Charlotte-Mecklenburg police said the woman called 911 asking for their help because she was being followed. Police searched her car on campus and discovered the gun.
The woman has a permit to carry a firearm, but it’s against the law to have firearms on a school campus, police said.
The woman was arrested, NewsChannel 36 has learned, but her name has not been released.
Officials said no one was hurt during the incident.”
As interesting as this is in the larger context of gun control, I find it very interesting in terms of how screwed up things get when government gets involved. To wit, here we have a genuinely scared, honest, law-abiding citizen trying to do the right thing, who, failing to know her rights, ended up getting herself arrested. They can’t be gettting charged with carjacking as they had a permit under suspicious acts. When she most likely could have legally avoided arrest by using the law and knowing her rights.
They may seek legal assistance from a car accident attorney in New Jersey to ensure that their rights are protected.
To understand how, first we need to review a few facts:
– The Second Amendment to the US Constitution says our right to bear arms “shall not be infringed”
– NC law makes it illegal (for most citizens in most instances) to possess a firearm on educational property
Though these two points above may seem in contradiction to one another, the Supreme Court has regularly upheld that while the government cannot infringe upon your rights they can regulate the exercise of your rights. This is a point of debate as to when regulation becomes infringement, but it doesn’t really apply in this case. The woman was not compelled to enter the property; she chose to in violation of the state law. The absurd thing is that government resoundingly encourages scared motorists to proceed to the nearest highly populated, well lit place. Which was probably the school, and is probably what this woman was thinking of instead of the NC law.
– The Fifth Amendment to the US Constitution says no citizen “shall be compelled in any criminal case to be a witness against himself”
– NC law says if you have a Concealed Handgun Permit (CHP), are armed, and come into contact with any law enforcement officer you MUST advise the officer that you are armed and present your license upon request
Here, in these two point above, we have a more interesting contradiction. Though it may sound unreasonable in this case (where the woman called the police in hopes they would help her), the police have one, and only one, job to do – regardless of who calls them. Collect evidence. Period. If you willing give them evidence, even when you think another law says you have to, that evidence “will be used against you in a court of law”. In other words, when in doubt, keep your mouth shut or, politely refuse to answer any questions.
– The Fourth Amendment says our right to privacy against unreasonable searches “shall not be violated” but “upon probable cause”
In this case the woman admitted to breaking law by telling them she is a CHP licensee. That is probable cause to search her vehicle. Had she simply kept her mouth shut she would been protected by the Fifth Amendment against incriminating herself under NC law. But because she did so willingly, she got arrested when they found her firearm. Without more details it’s impossible to know how the conversation went on scene, however, I would imagine it fairly safe to assume the police would not have any interest (or probable cause) in searching her vehicle since she was the one who called 911 seeking help, and only gained an interest (and probable cause) when she tried to be honest and follow NC law. In case of drug charges the drug crimes lawyer serving in Denver can help.
Though the woman in this case probably could avoided arrest under NC law simply by exercising her Fifth Amendment rights, in cases where law enforcement believes we have violated a law (for example, a traffic violation) combining the two thoughts above we end up with some very powerful words to memorize and remember:
“Officer, I am a NC CHP licensee and I am armed. I respect that you have a job to do, however, I consent to no searches or questioning without an attorney present. Am I free to leave now?”
At that point the conversation ends. If you have to repeat yourself over and over, do so, and do it politely. If the officer asks you to exit your vehicle, do so while rolling up all the windows, lock the doors, and put the keys in your pocket. The officer will most likely issue you a ticket. Do not argue or try to talk your way out of it. That’s what court is for. The only thing you need to do at this time is to avoid voluntarily giving the officer any evidence by waiving your rights.
– Why some people hang and other people walk for the same crime
There’s a chance this woman may not be charged for her violation due to the circumstances of her case. The decision rests with the District Attorney, and the power to make that decision rests in a concept called ‘prosecutorial discretion’. Simply put, this legal construct allows prosecutors to “let people off” when he or she feels the cost of pursuing the case would cost the government more (in money, perception, political ill will, etc.) than it would benefit from doing so. Prosecutorial discretion is also the concept that is the basis for plea bargaining, and allows prosecutors to go after ‘bigger fish’ by cutting deals with the ‘little fish’. As much as we may think this wrong, it is a very important concept in our law-based system, and it may be this woman’s only hope of having any charges dropped.
However – and let me stress here the above is NOT legal advice – I would rather stack the odds more in my favor by knowing the law and my rights versus placing my fate upon the hopes of be assigned a good-willed prosecutor. After all, district attorneys are politicians at base, and depending upon your crime and the political winds at the time, their discretion may swing against you instead of for you regardless of good old common sense.
Lastly, what effect do you think this experience will have on this scared, honest, law-abiding citizen who was trying to do the right thing? What impression will she be left with of law enforcement, the law, and our government? Do you think she will feel safer? Or have a higher opinion of those we trust to protect us? Do you think she will feel more inclined to cooperate with police in the future? These are just some of the things we should be thinking about when we say, “There ought to be a law!” …
One of the most challenging aspects of any legal battle is ensuring that every right is protected from the very start. From the moment an individual is charged, a proactive approach can make a significant difference in the case’s trajectory. That’s why consulting with a skilled criminal defence lawyer in New Jersey with courtroom experience is essential. They can evaluate the details, challenge any weak evidence, and build a solid strategy that prioritises the best possible resolution.
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