son might get in trouble for something he did not do!

[sheppp]

Ohio. My son is 16 and has never been in any trouble. He lost his knife that has his name on it and the knife was found outside a house that was broke into over the weekent; nothing was stolen. An investigator is coming to our home tomorrow to question him. I talked with him about it today and he maintains he did not break into to any house. He is very upset because his goal is to be in law enforcement; a state trooper, and he knows if he gets convicted of this even though he maintains he did not do anything, he will not be able to be a state trooper. what should I do? Should I get a lawyer? If he didn't do it, is there anyway he can be convicted of doing it because a knife with his name on it was found outside the house that was broke into? I told him he just needs to tell the truth about losing his knife and if he didn't do it, he won't get in trouble? I would hope this would be the case.What is the name of your state (only U.S. law)?

 

[Isis1]

Ohio. My son is 16 and has never been in any trouble. He lost his knife that has his name on it and the knife was found outside a house that was broke into over the weekent; nothing was stolen. An investigator is coming to our home tomorrow to question him. I talked with him about it today and he maintains he did not break into to any house. He is very upset because his goal is to be in law enforcement; a state trooper, and he knows if he gets convicted of this even though he maintains he did not do anything, he will not be able to be a state trooper. what should I do? Should I get a lawyer? If he didn't do it, is there anyway he can be convicted of doing it because a knife with his name on it was found outside the house that was broke into? I told him he just needs to tell the truth about losing his knife and if he didn't do it, he won't get in trouble? I would hope this would be the case.What is the name of your state (only U.S. law)?

hoe long ago did he lose his knife....did he report it stolen?

is it legal to carry a knife in your county? what reason was this knife outside the house to get lost?

 

[Ohiogal]

When did he tell you he lost his knife -- before or after you found out it was found outside a house that was broken into?

Also whose fingerprints were found on the knife?

Does your son have an alibi for when the house was purportedly almost burglarized?

 

[outonbail]

An investigator is coming to our home tomorrow to question him.

It may not be in your son's best interest to answer the investigators questions.

There is a good chance the investigator will spin a story hoping it will get your son to confess to the crime or admit he has some knowledge or took part in some way.

He/she may claim that there are witnesses to your son exiting the home or that they have found his fingerprints inside the home etc.

Just understand that the investigator/detective is legally allowed to lie and make false statements to gain a confession from your son.

The detective may tell him, "Look we already know you were involved, but you may not be the brains behind the operation and that is who we want. Tell us who's idea it was to do this, or who talked you into helping them and we'll let you go."
This is a false statement. If your son admits any involvement, he will be arrested. Even if your son was to guess who he believes did the break in, he could end up being arrested.

It would be in your son's best interest to have an attorney present before he volunteers any information or answers any of the detective's baited questions.

 

[Alex23]

(Almost) nobody makes a report when drugs are stolen.

 

[xylene]

hoe long ago did he lose his knife....did he report it stolen?

is it legal to carry a knife in your county? what reason was this knife outside the house to get lost?

Its a KNIFE, not a handgun. There is nothing to report.

Unless this house is inside the secure are of an airport it is legal to carry a knife.

Anti-knife crap.

-

The bottom line is, that an engraved piece of property found at crime scene is NOT proof of guilt, but it is something that needs investigating.

 

[redleg17]

Its a KNIFE, not a handgun. There is nothing to report.

Unless this house is inside the secure are of an airport it is legal to carry a knife.

Anti-knife crap.

Not everywhere. In Georgia, a GFL holder with a legally concealed firearm on him was prosecuted because he was carrying a knife.....apparently a GFL only covers a pistol....no other class of weapon.

 

[xylene]

Not everywhere. In Georgia, a GFL holder with a legally concealed firearm on him was prosecuted because he was carrying a knife.....apparently a GFL only covers a pistol....no other class of weapon.

A knife is not a weapon. THAT is the crux of the problem.

 

[redleg17]

A knife is not a weapon. THAT is the crux of the problem.

That statement is either true or false depending on where you are..... I'm not clear on Ohio law as I don't live there.... weapons laws very so greatly from state to state that I am reluctant to give any answer on them other than "know YOUR state's laws, in depth, and never carry one unless you are 100% sure that you are in the right".

I do know for a fact that a knife is not only a weapon under Georgia law.....carrying one concealed is a crime EVEN if you have a weapons permit and a legally carried firearm on you at the time of arrest. O.C.G.A. § 16-11-126



To get back to the OP's original question, there is nothing he could say to the investigator that could help himself; however, there is plenty he could say that could hurt......if you are a suspect in criminal case you should never talk to the police without seeking legal counsel. Regardless of whether or not the knife is a "weapon" under Ohio code......the knife has her kids name on it and was found at the scene of a crime.

 

[Ohiogal]

A knife is not a weapon. THAT is the crux of the problem.

In Ohio, a knife is a weapon. And depending where you are it determines what type of knife is considered a weapon. Schools in Ohio can and have considered butter and steak knives weapons. Courthouses and other limited places consider certain knives weapons and for the general public, there are laws detailing what length of blade and so on and so forth.


OP I am still waiting on answers to my questions.

 

[xylene]

In Ohio, a knife is a weapon. And depending where you are it determines what type of knife is considered a weapon. .

Intent, type, and locational factors make a knife a weapon - as a criminal offense.

There is no inherent criminal status for cutlery per se as a weapon any more than for a tire iron.

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I hope this poster isn't long gone. I too would like answers, esp on the alibi. I just don't think this case has anything to do with the legality of "carrying a knife" at least as IsabellaSoriano raised it.

 

[Ohiogal]

Intent, type, and locational factors make a knife a weapon - as a criminal offense.

There is no inherent criminal status for cutlery per se as a weapon any more than for a tire iron.

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I hope this poster isn't long gone. I too would like answers, esp on the alibi. I just don't think this case has anything to do with the legality of "carrying a knife" at least as IsabellaSoriano raised it.

Actually there is for the following:

2923.11 Weapons control definitions.
(J) "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism.

Don't think that is what this was but it could also be considered the following depending on make, model and such:

2923.11 Weapons control definitions.
(A) "Deadly weapon" means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.

Depending on the length and sharpness of the blade that could complicate matters.

I do agree that you are correct that Isabella went off on a tangent. Though the knife could pose problems.

We still need answers however.

 

[xylene]

CrAZY TaNGENT TiME!

2923.11 Weapons control definitions.
(J) "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism.

Remember "THE EQUALIZER"

There was this scene where the bad guy has the equalizer cornered with a gun on him .

Equalizer pulls out a knife...

Bad guy scoffs.

Equalizer trips the secret button on his knife.

THWAP.

Bad guy takes it to the heart.

RIP Edward Woodward

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Having actually fired a ballistic knife, it is clear that bans on such knifes are born of moral panic, much like switchblade bans. Ballistic knives are basically a dangerous toy. A lousy ranged weapon and crappy, unsteady blade, poised to fail at a moments notice. Much like the crappy inadequacies of a switch-blade. Although a nice Italian stiletto (a real one) is a much more satisfying toy.

I prefer to carry legal lock-backs and fixed blades.

 

[Ohiogal]

Remember "THE EQUALIZER"

There was this scene where the bad guy has the equalizer cornered with a gun on him .

Equalizer pulls out a knife...

Bad guy scoffs.

Equalizer trips the secret button on his knife.

THWAP.

Bad guy takes it to the heart.

RIP Edward Woodward

---

Having actually fired a ballistic knife, it is clear that bans on such knifes are born of moral panic, much like switchblade bans. Ballistic knives are basically a dangerous toy. A lousy ranged weapon and crappy, unsteady blade, poised to fail at a moments notice. Much like the crappy inadequacies of a switch-blade. Although a nice Italian stiletto (a real one) is a much more satisfying toy.

I prefer to carry legal lock-backs and fixed blades.

Knives are not my weapon of choice. I grew up shooting -- mainly rifles and shotguns -- throw in a muzzle loader or two -- progressing to handguns. I also am an archery fan. Knives not so much. I liked the Equalizer though I tend towards Indiana Jones and the courtyard scene where he drops the swordsman with one shot.