Legal Question in Criminal Law in California

My boyfriend was arrested 8/10/11 on a PC484(A) We went to court on 9/7/11 for his

arraignment:compliant hearing where he now has 2 charges count 1 12020(A)(4) and

count 2 PC484(A) and he has court again 9/14/11 one week later. PC484 is petty theft

but PC12020 is a felony - carrying or possessing a dangerous weapon or firearm.. right?

There was a knife found at the scene but it wasn't found until after the two were handcuffed

and put into separate cars. How can they charge him with PC12020(A)(4) if they found the

knife on the ground after he was placed in the car he was not in possession of anything?


Asked on 9/12/11, 10:00 pm

3 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

Obviously, without the police report, one can't know for sure how law enforcement is placing the knife as in his possession. However you can be sure that either law enforcement will say that your boyfriend admitted the knife was his, or they will say they saw him drop the knife or the knife wasn't there before your boyfriend was in the area. Speak with a local attorney. He needs one. David Wallin

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Answered on 9/12/11, 10:17 pm
Anthony Roach Law Office of Anthony A. Roach

The police do not have to find it on him to charge him and convict him of possession. The other person can testify that it was not his, and that he saw your boyfriend drop it. Your boyfriend needs an attorney.

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Answered on 9/13/11, 10:54 am


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