I am looking for a little advice. I purchased a 40 cal. S&W 1 month ago because I work overnight a while i am at work someone keeps breaking into my home and stealing my goods and not even ADT can respond fast enough to catch them. So I dont feel safe on my days off so I purcahsed a handgun. after the purchase, I then thought about what am i going to do with the gun while I am at work? i dont want to risk them breaking in my home and finding the gun because then thats another gun on the streets. So I started taking then gun and leaving it in the car when I go to work. To my a long story short. Yesturday morning after work my sister calls me crying because the police raided her house because her boyfriend had drugs in there. So she asked me to take her near her house to meet her boyfriends friend so she can find out what was going on so I did. Totaly forgeting about the gun in the car. so when we got to she shopping center we meet him and I got out of the car and walked over to his car and we were standing there talking. I was about 20 feet away from my car. Come to find out the police were looking for him too. Minutes later, detectives coming hopping out from every where and cuff all of us they find my car keys in my pocket, seized my car and take me to jail. I am just now getting out 24 hours later and now i have to go to court because they gave me a carrying a concealed deadly weapon charge. I mean the clip was loaded and in the gun, but the gun was in to glove compartment of the car. I was not carrying it. What can i do?
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April 19, 2007, 11:16 PM
Hire a local criminal defense lawyer, fast.
You don't need armchair legalisms from this forum.
April 19, 2007, 11:20 PM
A felony charge is not something you want to risk. Hire a good lawyer to knock this thing out of court. Otherwise you'll lose your right to own a firearm.
April 19, 2007, 11:22 PM
A mod should close this before the OP gets some advice other than "Get a really good lawyer ASAFP".
April 19, 2007, 11:33 PM
I am definitly going to look into a good lawyer. But I dont have money like that to really afford a lawyer. I have never been in the court system so I dont know what to do.
April 20, 2007, 12:56 AM
Get a lawyer, preferably one that specializes in firearms law, STAT. CCDW in DE is a Catagory G Felony, unless you have been convicted within the previous 5 year- thus it becomes a more serious E Felony. Here's an excerpty from the statute.
It sounds like the nailed you on the "or about" clause. Here's anm excerpt from the statute.
A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.
Carrying a concealed deadly weapon is a class G felony, unless the accused has been convicted within the previous 5 years of the same offense, in which case it is a class E felony.
(11 Del. C. 1953, § 1442; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 13; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.)