Legal Question in Criminal Law in New York

Possesion of weapon

I called the police to my home when my 17 yr.old son became violent and in my opinion,suicidal,at our attempt to take him to a rehab.(he was using marijuana& coke).The police cuffed him to take him to the psych ward,when he told them "I wanna kill myself". My son then told the officers that he had a knife in his pocket,they then issued him a summons for "CPW 4degree 265.01.1 Pl". Is this a felony? Do we need a lawyer? It was an automatic switchblade,and he has a previous summons for being in a car in which the police found "paraphenilia" and a small amt of pot.He was a passenger, and it was not his.


Asked on 5/16/00, 12:03 pm

2 Answers from Attorneys
Carl Silverstein Carl Silverstein, Esq.

Re: Possesion of weapon

CPW 4th is a class A Misdemeanor. You definitely need a lawyer for your son. You also need to get him counseling. He is at a most vulnerable age, the threat of suicide is a cry for help. He might actually try it, if he doesn't get counseling and support of his family.

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Answered on 7/04/00, 10:43 am
Philip Schnabel Schnabel Law Office

Re: Possesion of weapon

CPW 4th degre is an "A" misdemeanor. Possession of a switchblade knife violates this section of the penal Law. Possession of a controlled substance in a vehicle is imputed to all occupants of the vehicle, unless the contraband is on the person of one of the occupants. You definately should consider retaining an attorney for CPW 4 can be punished by up to 1 year imprisonment and a $1,000. fine.

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Answered on 7/06/00, 7:52 pm


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