Legal Question in Criminal Law in California
my husband is on parole. he only has 4 months left and got violated for a 3 inch pocket knife. the knife was not on his person. it was in the glove box of our car and we were not in the car at the time. i thought possesion was 9 tenths of the law. how can they violate him over this. we are still waiting for him to go before the parole board but i just really need to know the odds of him doing actual time over this petty offense.
2 Answers from Attorneys
Possession of an item does not require that it be on your person. You probably have many possessions in your home and car even when you aren't there. If the knife was in your husband's car and he knew it was there then he almost certainly possessed it.
Without more information about the underlying crime that led to his parole or about your husband's criminal record, I cannot begin to assess the odds that he will be sent back to prison over this.
It's impossible to assess the "odds," of him going to jail, however, they probably will consider it a legitimate violation with the knife being in the car.
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