I was charged with 21510 (B) Possession of Switchblade on person

Asked over 1 year ago - Westminster, CA

I had a blade on me that i recently bought a week ago at the mall brand new, never used or open, the officer took the blade and told me it was illegal to have one, but i told i didnt know it was illegal cus i never checked it or flipped it open, and i bought it from the mall so i expected it to be legal to have, I'm charge with a misdemeanor for possession of switchblade. Can I fight it because I did not know it was illegal to have it on cus i never used it or flipped it open?

Attorney answers (4)

  1. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Not knowing the law is not a defense. But if you have a receipt you may be able to work something out and get this thing dismissed. Feel free to give me a call if you have any questions.

    Elliot Zarabi
    www.FreeCriminalConsultation.com
    213-612-7720

  2. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Unfortunately, not knowing the law isn't a defense. What may come into play though is whether or not the knife is truly illegal or not. Many officers think that a thumb stud or even assisted opening knives are illegal. Not so. The knife has to meet the definition of a switchblade to be illegal under that section.

    The second issue is the legality of the search. You don't say (and don't post online) why you were contacted or searched. If the initial contact with you or the search was unlawful, the evidence is subject to being suppressed.

    Keep your receipts for the knife since you bought it locally - that may work in your favor. You're absolutely going to need an attorney though.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  3. Richard Lewis Grant

    Contributor Level 10

    5

    Lawyers agree

    Answered . The fact that you did know it was illegal to have a switchblade on you or you never used it or flipped it open will not cause you to have the Misdemeanor Dismissed.
    However, there may be issues as to the lack of probable cause to have stop you as well as an illegal search and seizure by the officer to have an experienced criminal defense attorney suppress the evidence against you and have the District Attorne' Office dismiss the Misdemeanor Criminal complaint.
    The best course of action would be to consult with an attorney.
    Should you like to further discuss your matter, please contact myself.

    Richard Grant, Orange County Criminal Attorney

    Legal disclaimer: Please note that this answer/response does not constitute legal advice of any kind or manner. It... more
  4. Gayle Anne-Marie Gutekunst

    Contributor Level 17

    4

    Lawyers agree

    Answered . The crime is possessing the switchblade, not manipulating it or even being the true owner of it. Moreover, as Mr. Zarabi says, ignorance of its illegality is no defense. I agree with Mr. Zarabi that perhaps your attorney can work something out with the DA, provided you have no prior criminal or juvenile history for violent or weapons possession offenses.

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