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Felony question?

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Los33

Junior Member
What is the name of your state (only U.S. law)? Texas

Im not sure if im asking in right place.

Im 17 and i got arrested at school for a knife which was considered a switchblade. I was at school and i had forgotten i had a knife in my pocket from the night before. I had ran from the principal because of a argument i had gotten into in class then when they finally had caught me i went into the office and got searched and was found with the knife. I was charged with carying prohibited weapon on prohibited area. I got sent to county and bailed.

This is my first case as a adult also first with a weapon charge.
What i need to know is will i have to do serious time for this as in prison or county. Or will i be able to get probation or possibly reduced to a misdemeanor charge?

I currently don't have money for a lawyer so i will be appointed one.
 


outonbail

Senior Member
What is the name of your state (only U.S. law)? Texas

Im not sure if im asking in right place.

Im 17 and i got arrested at school for a knife which was considered a switchblade.
What is "considered" a switchblade? Either it was, or it wasn't. Is the blade under spring tension which causes it to snap out of it's folded position by depressing a button in the handle?
I was at school and i had forgotten i had a knife in my pocket from the night before.
This would be a double whammy. You were not only in possession of an illegal weapon, you were in possession of an illegal weapon on school property. I don't know how Texas looks at switchblade knives, but in many states it is the equivalent of carrying a sawed off shotgun in so far as penalties are concerned.
I had ran from the principal because of a argument i had gotten into in class then when they finally had caught me i went into the office and got searched and was found with the knife.
Sounds like it just wasn't your day.
I was charged with carying prohibited weapon on prohibited area. I got sent to county and bailed.

This is my first case as a adult also first with a weapon charge.
What i need to know is will i have to do serious time for this as in prison or county. Or will i be able to get probation or possibly reduced to a misdemeanor charge?

I currently don't have money for a lawyer so i will be appointed one.
Don't be so sure about the lawyer. The judge might figure that if you can afford bail, you can afford to hire your own lawyer.
I don't know if they hand out public defenders like candy in Texas or not. But we do have a couple members who know the idiosyncrasies of courts in Texas very well. I'm sure one will reply when they have the opportunity.

However, I will say this. You are facing some very serious charges at a time you should really be focusing on receiving your high school diploma. Have you been expelled from school?

I don't know how a judge will see it, but going to prison at this point in your life, isn't going to help mold you into a productive member of society.

So for your sake, I hope there is some sort of diversion or program that you can get into which will allow you another chance at completing your high school education so you have some chance of finding a legal job or career that will enable you to eventually support yourself.

What does your juvenile record look like? What were your grades like before you chose the delinquent route? What grade are you in? Have you had prior suspensions or problems in school?

What I suggest, is you contact a few criminal attorney's in your area who offer a free first time consultation. You can call the local bar association and ask for some referrals. This way you can ask about what options may be available. Even if you end up with a public defender, at least you will know what options you may have, if any.
 

Los33

Junior Member
The switchblade was a button push knife....

Also i was expelled and i have been suspended and in some trouble during school...
My grades were good and i am in the 10th grade atm since i have had to drop out which was not my idea.

As for my juvenile record i have had only 1 misdemeanor out of school which was close to a felony but in no way becoming one.

All others were minor tickets. We have asked for a public defender and they reset my court date to give me one.

The only thing a couple of lawyers told my mom to do was to bail me out because it was a bad idea to keep me in county.

I currently have a kid on the way my 1st so im very stuck in whats going to happen. My mom has been very calm with the idea i will be getting probation which she says they always reduce the first case so i dont know who to believe.
 

Antigone*

Senior Member
The switchblade was a button push knife....

Also i was expelled and i have been suspended and in some trouble during school...
My grades were good and i am in the 10th grade atm since i have had to drop out which was not my idea.

As for my juvenile record i have had only 1 misdemeanor out of school which was close to a felony but in no way becoming one.

All others were minor tickets. We have asked for a public defender and they reset my court date to give me one.

The only thing a couple of lawyers told my mom to do was to bail me out because it was a bad idea to keep me in county.

I currently have a kid on the way my 1st so im very stuck in whats going to happen. My mom has been very calm with the idea i will be getting probation which she says they always reduce the first case so i dont know who to believe.

I hate to say it but you're a good candidate for the state penn.:eek: Maybe not with this incident, but you're well on your way.
 

Los33

Junior Member
I hate to say it but you're a good candidate for the state penn.:eek: Maybe not with this incident, but you're well on your way.
Even tho this is true and i know myself but i am trying to turn my life around now i had not been in serious trouble in a year and half until this...

Taken from the point of having the weapon in accidental is their no way a judge would possibly look at this as a mistake and lower it?
 
With your past, I have to say that I personally would be skeptical to accept it as an accident. From the view of an average citizen with a child in high school I would be alarmed to find out a student "accidentally" brought a knife to school on the day they had an altercation with another student. Regardless of what the facts are, you can't prove you didn't mean to bring it and it looks a little too contrived. There are too many things going on in schools in today's world for me to think they'll take this lightly.
 

dave33

Senior Member
Los33, Are you sure that is an accurate account of what happened? It sounds to me like there was an incident with the knife, you took off, got caught than brought to the office and searched. If what you say is true is it common to be searched in your school for an arguement? Also, I would say carrying a knife 1st offense, I would not be worrying about jail. If no incident took place, (threatning) just an arguement than you should not only be worried about the criminal aspect, but also your future. You will have to talk to your appointed lawyer and see what he can do? I think he may be able to help. The whole story about not realizing you had a switchblade is not believable. I concede it may be the truth, but you should realize that you are still recognizing that you had the knife. So basically mistake or not it does not matter. goodluck.
 

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