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I was charged with CA.penal code 21310. Knife was not actually in my possession.

Hayward, CA |

I was walking down the street. I saw police make a U-turn, figured he was coming back to see me. I’m on misdemeanor probation, which I believe has no search clause or weapons clause.

I took my knife out of its holder and threw it under a car. He stopped and searched me but didn’t find it. He found only the holder.

He was about to let me go when another police officer was looking around and found it under the car. The knife was not actually concealed on my person. Does the district attorney have a case?

Attorney Answers 4


Did they see you possess or throw away the knife? If no, then no, the DA has no case.

Definitely worth fighting if they press charges. Good Luck.

Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

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Mr. Feasel has responded quite accurately. The big question is whether they actually saw you possess or throw the knife under car.

You should consider fighting this charge.

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They can always try to make a case, but it will be very difficult to do so. Good luck to you.

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Not a very good case, but you need to be careful making statements like this on the internet. Though it would be very difficult for the DA to trace your post back to you, it is generally unwise to make admissions like this online.

But again, to answer your question, the case sounds terribly weak.

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