Legal Question in Criminal Law in California

My son got arrested for having a knife.

My arrested for having a knife on his person, on school grounds. He was just about to graduate this week, and he was going to graduate. He thinks that someone that must not like him put the knife there to get him in trouble. And to top it off they're charging him with a felony.

Please tell me what i should do? Either hire a Private Attorney or Just go with a Public Defender? Please tell me something right away, because I'm very concerned and upset. Thank you, Jesse

P.S My son had never been arrested

before this incident.


Asked on 6/13/07, 1:44 pm

5 Answers from Attorneys

Daniel J. Mangan III JuryTrialJustice

Re: My son got arrested for having a knife.

Hire private counsel ASAP.

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Answered on 6/14/07, 11:34 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: My son got arrested for having a knife.

This is maybe the most important decision you are ever going to make for your son. If you leave him to the public defender, he will have to plead guilty -- the PD will not do anything for him other than negotiate a plea bargain -- and odds are good that he will never be able to get a job in his lifetime (not being able to pass a pre-employment background check is known as the "economic death penalty"). Or you can hire a private attorney and fight the charges.

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Answered on 6/13/07, 1:59 pm
Terry A. Nelson Nelson & Lawless

Re: My son got arrested for having a knife.

Yes, you need to hire an attorney immediately to put together the best defense available. He faces criminal charges and expulsion. If you can afford private counsel, then you don't qualify for the Public Defender. Feel free to contact me if interested in doing so, assuming you are in SoCal [your listed Zip is jumbled].

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Answered on 6/13/07, 2:29 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: My son got arrested for having a knife.

I agree with Mr. Nelson, and I think Mr. Stone has overstated the risks of being represented by a public defender. He makes it sound as if there is no chance of PD would take your son's case to trial, but PDs frequently go to trial.

It's true that a PD will have less time to give your son and will therefore probably not be able to serve his interests as well as a private lawyer could. He may even be much less likely to go to trial as a result. But flatly saying the PD will not go to trial for your son strikes me as unwarranted.

Mr. Nelson is right that you will not qualify for a public defender if you can afford to hire a lawyer. If you think both of these options are available to you, you're probably wrong and will probably have to hire someone.

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Answered on 6/13/07, 6:39 pm
Eric Sterkenburg Law Office of Eric Sterkenburg

Re: My son got arrested for having a knife.

some of the best attorneys out there are public defenders. They also have the advanatage of dealing with the court and the DA on a dally bases. However, some are not so good and all are over worked. Check out the Public Defender before you hire a attorney

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Answered on 6/13/07, 7:04 pm


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