Possession of a Knife at Public School

My question involves criminal law for the state of: CA

My son was arrested for possession of a pocket knive in his pocket at his school. He had just turned 18yo the month pior. The knive was a total of 3in with blade and handle. They are charging him with a felony. He was given a court appointed defender who told him to plea guilty and he would get 3years probation. and 30days supended in county jail. My son not still in high school took the deal. I feel he was screwed is there anything I can do about it now. He was 18 but still in high school fully supported by his parents.

Quote:

---

Quoting morninglight88

---

My son was arrested for possession of a pocket knive in his pocket at his school. He had just turned 18yo the month pior. The knive was a total of 3in with blade and handle. They are charging him with a felony. He was given a court appointed defender who told him to plea guilty and he would get 3years probation. and 30days supended in county jail. My son not still in high school took the deal. I feel he was screwed is there anything I can do about it now. He was 18 but still in high school fully supported by his parents.

---

He committed a felony under CA state law. He has probation and a suspended sentence. I imagine they believed he brought the knife to school for some reason other than to use as a tool.

626.10. (a) Any person, except a duly appointed peace officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in this
state, a person summoned by any officer to assist in making arrests
or preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 2 1/2 inches, folding knife with a
blade that locks into place, a razor with an unguarded blade, a
taser, or a stun gun, as defined in subdivision (a) of Section 244.5,
any instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO 2 pressure, or spring
action, or any spot marker gun, upon the grounds of, or within, any
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, is guilty of a public offense,
punishable by imprisonment in a county jail not exceeding one year,
or by imprisonment in the state prison.

I suspect his attorney saw no good defense so agreed to a plea deal. There is nothing YOU can do about it as he is 18. Your SON can always look into an appeal, though I do not know what grounds he might use as he took a plea deal which effectively means he admitted to the crime.

- Carl

The knive did not have a blade longer than 2 1/2 inches. The blade was 1.3 inches the handle was the rest to make up 3in total. So from what I have read there was no real crime

He was not told it was a felony he went to court on MISDEMEANOR ARRAIGNMENT and now looking up his case it says Severity Felony. His Public Defender never told him he was pleaing to a Felony when he went in for a Misdemeanor Arraignment. This was over a year ago. He is now in the military and is worried because he never told the military about it and it never came up on his background check to join.

That depends ... what Penal Code section was he charged under? 626.10? Something else?

The section does prohibit possession on campus of a "folding knife with a
blade that locks into place", so it is still covered ... though it seem overkill to go with a felony on such a case unless there was something more to this.

Perhaps he can seek an appeal on the grounds of ineffective counsel. If he has the money - or if you can front him - perhaps he should seek a consultation with an attorney who can evaluate the matter.

- Carl