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Legal Memo
MARSHAL MATHERS
IN RE: Mr. Sam Witwicky (Our Client) -- Criminal Concealed Weapon Charge
The firm's new client, Sam Witwicky, has retained this firm for legal representation in a criminal matter. Mr. Witwicky was arrested on his front lawn for carrying a concealed weapon. The police know Mr. Witwicky from a previous instance in which they were called to the residence of the client. Mr. Witwicky has retained this law firm in his defense against these charges which have not yet been filed although it is the understanding of the firm that the District Attorney does intend to proceed with filing charges against the client.
CLIENT CHARGED WITH FELONY CRIMINAL CARRYING CONCEALED WEAPON IN DETRIOT, MICHIGAN
RULE
The Michigan Penal Code Act 238 of 1931 750.227 Concealed weapons; carrying; penalty Section 227 states as follows:
"(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person. (2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon...
(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00." ( 1931, Act 328, Eff. Sept. 18, 1931; -- CL 1948, 750.227; -- Am. 1973, Act 206, Eff. Mar. 29, 1974; -- Am. 1986, Act 8, Eff. July 1, 1986)
EXPLANATION
The client, Mr. Witwicky, is a former Marines Special Forces (Terminator) member and has flash back experiences from his time serving in the U.S. armed forces. Mr. Witwicky was carrying a hatchet on his side in a holster. Police officers driving past aw this nd stopped to question Mr. Witwicky. The hatchet was partially concealed although officers called to the scene had not trouble seeing that Mr. Witwicky was carrying the hatchet oh his side. The neighbor became alarmed and apparently had called the police although the police were already in the neighborhood and when riding by saw that the client was carrying the partially concealed hatchet in a shoulder holster.
ANALYSIS
While Mr. Witwicky did not threaten anyone with the hatchet it does appear that the District Attorney intends to proceed with filing formal charges.
CONCLUSION
The firm should research and prepare to defend Mr. Witwicky in the matter of these criminal charges.
II. CLIENT NEVER LEFT HIS PROPERTY
RULE
Michigan Penal Code Act 238 of 1931 750.227 Concealed weapons; carrying; penalty Section 227
This rule of law states that a person shall not carry a concealed weapon on his person "except in his or her dwelling house, place of business or on other land possessed by the person." For this reason the firm must conduct research…
References
Michigan Penal Code Act 238 of 1931 750.227 Concealed weapons; carrying; penalty Section 227 (2011) Michigan's Concealed Pistol Law -- FAQs. Michigan State Police. Retrieved from: http://www.michigan.gov/msp/0,4643,7-123-1586_27094-10953 -- ,00.html#OTHER_WEAPONS__NON_PISTOLS_
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