CCW 1ST Degree Misdemeanor in Akron

Greetings fellow Americans! I have recently been drawn into this forum due to an absurd, even scary incident which happened to me personally in Akron, Ohio. After work one evening late last month around 8:30 PM, I stopped at the burger joint next to the highway which I take home. Recently, a large amount or drama has been placed on the dangers and illegalities of driving while texting and talking on the phone. Thus, I went through the drivethru and parked in front of the establishment while eating dinner and listening to my voicemails.

As I listened and ate, I heard a knock on my car window. An Akron PD cruiser had pulled into the space to my drivers side and parked. There were two officers in the cruiser, the passenger is the one who asked for me to roll my window down. He preceded to ask what I was doing and also asked to search my vehicle.

I indicated cordially, in fact, that I was eating dinner after getting off work less than a half mile away. He indicated this area is a known drug area. (This was news to me, I knew I wouldn't want my kids going to school here but, I had no problems in the 4 years I've worked in the area)

I am a mid thirties caucasion male. I keep a clean cut appearance and have no tint on my volkswagen passat windows. (just to remove any stereotypes) I have no felonies on my record. However, I had to learn my lesson twice about a few beers and driving, years ago.

In an effort to remain cordial and professional, and knowing I had nothing to hide, I permitted the officer to search my vehicle. After giving permission, he immediately, pulled me out of the driver's seat and cuffed me while standing in the burger joint parking lot.

His partner tore my VW apart inside, searching for I assume drugs or whatever, even though I have no record of any drug use besides alcohol, years ago. While finding nothing, while in cuffs, the officer searched me, and pulled out the pocket knife, from my work pants which I use on a daily basis to break down boxes, strip wires, and use for other tasks at the dealership.

He asked me what this was when he pulled out my pocketknife. I told him exactly what it is used for and indicated I had a pocket knife in my pocket before searching me, when I was asked if I had anything sharp, needles, etc...

The next thing I know, the paddy wagon showed up along with the tow truck and I was transported to the Summit County Ohio Jail. The charge was a misdemeanor in the first degree of Carrying a Concealed Weapon.

I spent the night at the county jail plead not guilty in video court the next morning and then was transported in shackles to the Summit County Courthouse to be arraigned by Judge Holcomb.

Judge Holcomb offered to give me a $150 fine plus costs and to remainder of a 30 day jail sentence based on my good behavior for 2 years. Keep in mind I would have to plead guilty to this atrocious crime of carrying a pocket knife. (BTW a second CCW is a felony, they might find nailclippers on me in the future)

I turned down his offer!


I have since hired a respectable local criminal defense attorney, Kevin Ondrey.

The knife was a three inch blade locking blade tactical type knife.

http://www.newegg.com/Product/Product.aspx?Item=9SIA06L03D4750

I've attached a link for you folks to see the item in question. (Pardon me mods if I didn't attach it correctly)

If for some reason you have trouble viewing the link, just google Smith and Wesson Extreme Ops Knife SWA3

This case is currently still in court, but I just wanted to let the community know how unfortunate these laws have become.

I would love to hear any comments either supporting or otherwise!

Don't ever consent to a search!!!!!!!!!!!!!!!!

The officer must have Reasonable Articulable Suspicion that you have committed, are committing, or about to commit a crime to stop you. The courts have ruled that merely being in a bad part of town does not constitute RAS.

When stopped by an officer, always ask if you are free to go. If you are, leave. If you are not, CONSENT TO NOTHING!

Follow your lawyer's advice in this case. He will probably argue that the knife was not a weapon. The police and prosecutors can argue that any tool is a weapon, but it will be up to them to demonstrate in court that it is and not just a tool. I am glad you did not plead guilty. You will likely beat this rap, but you didn't beat the ride.

All of this was because you consented to what would have otherwise been an illegal search.

First thing, even if you don't have anything to hide Don't let them search without a warrant. They are not there to help you they are not your friends. They had no probable cause to search your vehicle or your person. When you gave them permission to do so you waived your right. Second dont ever call a pocket knife a knife it is a tool nothing more nothing less. Lastly I would not put this out there publicly without your attorney's permission. Good luck with everything.

Looks like I wasn't fast enough.

eye95 said:

Don't ever consent to a search!!!!!!!!!!!!!!!!

The officer must have Reasonable Articulable Suspicion that you have committed, are committing, or about to commit a crime to stop you. The courts have ruled that merely being in a bad part of town does not constitute RAS.

When stopped by an officer, always ask if you are free to go. If you are, leave. If you are not, CONSENT TO NOTHING!

Follow your lawyer's advice in this case. He will probably argue that the knife was not a weapon. The police and prosecutors can argue that any tool is a weapon, but it will be up to them to demonstrate in court that it is and not just a tool. I am glad you did not plead guilty. You will likely beat this rap, but you didn't beat the ride.

All of this was because you consented to what would have otherwise been an illegal search.

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+1

If you think that, in the eyes of the police, you are "law-abiding" enough that it's safe to consent to a search, do us all a favor instead: go walk down to the police station and confess to some random crime.

Same result.

All together now:

[size=+3]Never. Consent. To. A. Search.

Never.

Never.

Never.

Never[/size]

[size=+2]Never.[/size]

[size=+1]Never.[/size]

Never.

[size=-1]Never.[/size]

[size=-2]Never.[/size]

Yes, this means [size=+3]you[/size]. The police don't think [size=+3]you[/size] are calm, or professional. They think [size=+3]you[/size] are a criminal, and all they have to do is find a way to prove it.

Please, please, please don't help them do it.

Time for everyone to watch this video again:

[video=youtube;6wXkI4t7nuc]http://www.youtube.com/watch?v=6wXkI4t7nuc[/video]

Looks like the OP got a lawyer...waived time...motioned to continue.

Summit County case #13 CRB 02510

The arrest was on 3/11/13.


A person of the same name and birthdate, using the same lawyer, picked up two drug charges in Stow on 3/21/13...one is a felony. Those two cases have been sent to Summit County.




What was it that Arte Johnson used to say...

K.

Moving on.

I don't like being deceived. Methinks now that the cops had lotsa RAS. I no longer care what happens to this guy.

Sounds like someone got lucky the first time and ditched the dope and then pressed their luck to much. Can you put a link up to the docket?

I've been in similar situations. I'm not an expert, not an attorney, so I'll try to be carefull as how to word this only using myself as an example. I've been arrested on bogus or week charges at least half a dozon times, maybe more. Not once have I been convicted. I always had gotten a free public defender. and they always used scare tacticts to convience me to take a plea deal, I always refuse and stick to my guns on a jury trial, they always have dismissed the case rather than letting it go to a jury. Still don't make up for the time spent in jail and losing my job over it, or the countless times I had to go to court over each charge, but aside from a bunch of lies on reports, my record is clean. Once they even tried to have me declared incompident to stand trial so they can stick me with a conviction without a jury trial, their own hired evaluation theripist found me compident to stand trail and said I probibly knew more about the law than my own PD. I should, I've been in court enough times.

KimberTLE said:

Sounds like someone got lucky the first time and ditched the dope and then pressed their luck to much. Can you put a link up to the docket?

Click to expand...

Go here:
http://www.sccjis.co.summit.oh.us/

and click on Public Search.

Once you are in, enter Ben Schneider in the name boxes, select "All Agencies" and "All Case Types", then click "Search".

joanie said:

I've been in similar situations. I'm not an expert, not an attorney, so I'll try to be carefull as how to word this only using myself as an example. I've been arrested on bogus or week charges at least half a dozon times, maybe more. Not once have I been convicted. I always had gotten a free public defender. and they always used scare tacticts to convience me to take a plea deal, I always refuse and stick to my guns on a jury trial, they always have dismissed the case rather than letting it go to a jury. Still don't make up for the time spent in jail and losing my job over it, or the countless times I had to go to court over each charge, but aside from a bunch of lies on reports, my record is clean. Once they even tried to have me declared incompident to stand trial so they can stick me with a conviction without a jury trial, their own hired evaluation theripist found me compident to stand trail and said I probibly knew more about the law than my own PD. I should, I've been in court enough times.

Click to expand...

I had some scrapes with the law when I was younger, but they weren't bogus charges...I was just stupid.

What or who do you blame for being arrested so many times?

MyWifeSaidYes said:

I had some scrapes with the law when I was younger, but they weren't bogus charges...I was just stupid.

What or who do you blame for being arrested so many times?

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You know. I thought the same thing, at first. I've never had any conflict with the law (other than a speeding ticket or whatever). By comparison to myself, folks with frequent troubles are "doing something wrong."

But you know what? I've known a few such folks. And, 9 times out of 10, they never rose to the level of actual aggression, and found themselves on the "wrong side of the law" because the law was on the wrong side of right, and they weren't too good at avoiding attention.

So I won't presume to judge. You'd be the better man if you did the same.

marshaul said:

You know. I thought the same thing, at first. I've never had any conflict with the law (other than a speeding ticket or whatever). By comparison to myself, folks with frequent troubles are "doing something wrong."

But you know what? I've known a few such folks. And, 9 times out of 10, they never rose to the level of actual aggression, and found themselves on the "wrong side of the law" because the law was on the wrong side of right, and they weren't too good at avoiding attention.

So I won't presume to judge. You'd be the better man if you did the same.

Click to expand...

??

Umm, you wanna re-read my post? I never said she was doing something wrong, nor did I presume to judge her.

I'm simply asking the cause of multiple arrests?

Is there a cop that has it out for her?

Does she "look" like she's up to something all the time?

Does she hang out with people who cops like to arrest and appears 'guilty by association'?

I don't know the lady. I do not know, nor do I care to know, why she was arrested. But there HAD to be a reason, right? If she was truly getting arrested multiple times for no reason, we should be encouraging her to file suit for civil rights violations...if she hasn't already.

MyWifeSaidYes said:

Go here:
http://www.sccjis.co.summit.oh.us/

and click on Public Search.

Once you are in, enter Ben Schneider in the name boxes, select "All Agencies" and "All Case Types", then click "Search".

Click to expand...

Looks like the same birth dates but different addresses in fact almost all his cases he had a different address

I was willing to think it could be a different person, until I saw the same defense lawyer on each case.

MyWifeSaidYes said:

??

Umm, you wanna re-read my post? I never said she was doing something wrong, nor did I presume to judge her.

I'm simply asking the cause of multiple arrests?

Is there a cop that has it out for her?

Does she "look" like she's up to something all the time?

Does she hang out with people who cops like to arrest and appears 'guilty by association'?

I don't know the lady. I do not know, nor do I care to know, why she was arrested. But there HAD to be a reason, right? If she was truly getting arrested multiple times for no reason, we should be encouraging her to file suit for civil rights violations...if she hasn't already.

Click to expand...

I saw zero judgment in your post, just an inquiry.

MyWifeSaidYes said:

I was willing to think it could be a different person, until I saw the same defense lawyer on each case.

Click to expand...

The OP has not been back. That gives me pause.

If he comes back, he can answer the questions that seem to have come up.

If he does not come back, I tend to believe that you are on to something there. Right now, I assign the OP zero credibility.

eye95 said:

The OP has not been back. That gives me pause.

If he comes back, he can answer the questions that seem to have come up.

If he does not come back, I tend to believe that you are on to something there. Right now, I assign the OP zero credibility.

Click to expand...

I have learned to wait to see some more posts of support, before I respond.
Now It seem I really dont need to,,, Eye95 has said it for me,
the OP has one post and has not returned,
This is probably a hoax, but a really cool story, but it is a sad story, to stirr us up, oh no!

What or who do you blame for being arrested so many times?

Fair question but I don't know if I can offer a satisfactory answer. I live a clean life as far as I'm concerned, I'm not perfect, but I'm not the lowlife criminal one would think I am from a quick look at police reports and my arrests. I could go into detail, it's not like I'm going to be forgetting these, ,, Bad times, any time soon. But if I did go into detail, it might look as though I'm bashing the police, and I get the feel that theres people here who don't want to see that.

It's not all police, some had come from my own family, and maybe a person or two I rubbed the wrong way. But more recently, as recently as last monday evening, I can't look any futher than police, or a cop.

I really was only offering what I could to the op having experenced the court process a few times. It's not my intention to help them get away with anything, and I won't assume that just because something bad shows up on public records about them, that it's true.