Need advice for trial for carrying knife in Philly

**rockyroad55** · July 29th, 2014, 01:40 AM

I have a trial soon with the municipal court in philly in regards to me carrying a knife in my pocket in the subway station. The knife clip was seen by the septa officer and he took it out and wrote me a citation. I was then given a trial date at the hearing.

I actively use this knife for work purposes to open boxes (those plastic tensioners that keys can't get through) and break down boxes for recycling at a restaurant.

**Deleted** · July 29th, 2014, 02:31 AM

Hopefully the judge will be receptive to your explanation. By the letter of the law however, you are in a bit of a bind....

The knife has to be commonly or ordinarily used in a trade and while actually being used in the active exercise of that trade

So if you have just an ordinary pocket knife that was "nothing special" and were not "at work" you may have a hard time with your hearing.

Hopefully the judge sees the idiocy in the ordinance..... good luck to you.

**RebelRaider5** · July 29th, 2014, 03:27 AM

If I were in your boots I would have some co-workers and even a supervisor or owner is possible write out a little letter addressed to whom it may concern that they've seen you use this knife at your job, why it's easier for you to use it, and so on. Then get these notes noterized. Also bring in a copy of your hours so they can see when you clocked in/out.

Best of luck to you, please let us know how this turns out.

**GunLawyer001** · July 29th, 2014, 05:07 AM

To have a knife at work, you need to transport the knife to and from work (unless you have a locker, which still means that you had to get it there once.)

Letters from your boss or co-worker may be deemed to be inadmissible "hearsay", because that's what they are. Better than nothing (because you can offer to provide them, and even if they're ruled inadmissible, the judge knows you have them), but not as good as a live witness. If there's a letter or an employee handbook detailing your job duties, that was prepared for reasons other than the trial (in other words, prepared in the usual course of business), then that might be admissible.

You could also look for (or create) pictures of people in your trade using knives. A picture of you at work, with a pile of boxes freshly knifed-apart, would be admissible evidence. An ad in an industrial supply catalog for box cutters would be admissible.

It's just a summary offense, meaning that the rules of evidence may be flexible. Go in loaded for bear, provide more than your unsupported word.

**Quacked** · July 29th, 2014, 09:57 AM

No advice really, but good luck!

**Holster** · July 29th, 2014, 12:03 PM

My advice would be to seek advice from a lawyer.

**unclejumbo** · July 29th, 2014, 12:18 PM

Originally Posted by Holster

My advice would be to seek advice from a lawyer.

^^^^^^^^^^^^^^^^^^Go up a couple of posts^^^^^^^^^^^^^^^^

**mbinpa** · July 29th, 2014, 12:24 PM

IANAL so I really don't know the answer, but is a summary offense (a ticket) the kind of trial where the LEO who wrote the ticket has to show up? If so, come prepared to argue but I would think there is a good chance that just by you being there and the cop not you can get off.

**rockyroad55** · July 29th, 2014, 02:14 PM

Yes I did get cited after I got out of work. The time I clocked out is only less than 10 minutes apart from when I got cited. I have no priors or info stating I can use the knife. I'm just really nervous since I've never actually been in a courtroom before.