Legal Question in Criminal Law in California
if someone gets charged whith a switchblad knife but it was not on his person but found in a car near the person what can happen
3 Answers from Attorneys
The person can either get a lawyer and defend the case, or plead guilty and face probation, fines, possible jail time, and not being able to get a job. The ultimate result depends on whether the person consented to the search of his car or admitted to the police that it was his. The result also depends on the person's prior criminal record if any. Let me know if you need help.
Once you are charged, you could be convicted if the prosecutor proves his case.
Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any testimony or evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.
It's only a crime to carry a switchblade on your person or in the passenger compartment of a motor vehicle. Having one at home or in the trunk doesn't count.
If they found a knife in the passenger compartment, the first question is: Was the search for the knife legal? What legal reason did they have to search your car in the first place?
Next - can they prove that YOU possessed it? What connection with that knife to you can they make?
It's a misdemeanor, but carries possible jail time, probation and a conviction on your record, so it's probably worth consulting an attorney. If you cannot afford to hire one, request the services of the public defender when you go to court.
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