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Possession of a Knife at School

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  • 12-09-2009, 07:07 PM
    zack.brouillette
    Possession of a Knife at School
    My question involves criminal law for the state of: California

    I am a 16 year old sophomore currently. I recently was searched for possession of a controlled substance. When the officer searched my backpack, they found a pocket knife with a 2 and 1/2 inch blade that I did not know was in there. (Even the officer that searched my backpack told my parents I looked surprised when he took the knife out) I get to go back to my school when the second half starts, but I have a pending misdemeanor for the controlled substance and a pending felony for the knife.

    I use my backpack for everything. I used to go fishing with my dad and use that backpack. I used the backpack for our fishing trips and put the knife in there. I just forgot that it was in my backpack and when I got searched thats when I realized I had forgotten to take it out.

    I was wondering if there was anything that I could do to drop the pending felony.
  • 12-09-2009, 07:09 PM
    525601minutes
    Re: Possesion of Knife at School
    Under what statute is the possession of the knife a felony?
    Is it because you were on school property?
  • 12-10-2009, 01:19 PM
    zack.brouillette
    Re: Possession of a Knife at School
    Yes it is for a weapon on school grounds
  • 12-10-2009, 03:51 PM
    525601minutes
    Re: Possession of a Knife at School
    your parents need to hire a lawyer immediately.
    NO tolerance means exactly that.
  • 12-10-2009, 07:59 PM
    cdwjava
    Re: Possession of a Knife at School
    Typically this offense (PC 626.10) is charged as a felony but handled as a misdemeanor. It is a wobbler and can be charged or filed as either level of offense.

    Depending on the child and his history,the matter may be resolved by some form of deferral program. Or, he can opt for a plea to the misdemeanor and then petition to have the record sealed when he is at least 18 and off probation.
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