Legal Question in Criminal Law in California
My son says he was Jay Walking and had his knife in his pocket at the time. He was arrested with a $20,000 bail and Arrested for Pos/Mfg/Sell Dang Wpn/ETC 12020(A) PC--what is he looking at????
3 Answers from Attorneys
That depends on several factors. As a misdemeanor, he's looking at possible time in county jail. As a Felony, he could do time in state prison. A lot depends on factors such as, prior record, any gang involvement, reason for carrying the weapon, the exact type of knife...etc. Suffice to say, you should definitely speak to a qualified attorney before he admits to anything. Most attorneys offer FREE consultations, so you have nothing to lose. I wish you and your son the best............ David Wallin
Potential jail or prison time if convicted, depending upon the charges.
Here is what I tell people:
You�ll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges.
Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any 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 do these things effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion, 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 you, using whatever defenses there may be.
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