My boyfriend was arrested 8/10/11 on a PC484(A) We went to court on 9/7/11 for his
arraignment:compliant hearing where he now has 2 charges count 1 12020(A)(4) and
count 2 PC484(A) and he has court again 9/14/11 one week later. PC484 is petty theft
but PC12020 is a felony - carrying or possessing a dangerous weapon or firearm.. right?
There was a knife found at the scene but it wasn't found until after the two were handcuffed
and put into separate cars. How can they charge him with PC12020(A)(4) if they found the
knife on the ground after he was placed in the car he was not in possession of anything?
Answer
Obviously, without the police report, one can't know for sure how law enforcement is placing the knife as in his possession. However you can be sure that either law enforcement will say that your boyfriend admitted the knife was his, or they will say they saw him drop the knife or the knife wasn't there before your boyfriend was in the area. Speak with a local attorney. He needs one. David Wallin
Answer
The police do not have to find it on him to charge him and convict him of possession. The other person can testify that it was not his, and that he saw your boyfriend drop it. Your boyfriend needs an attorney.
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