Legal advice needed (halp!)

[Margalis]

So over the holidays I accidentally took a carryon bag to the airport that had a butterfly knife in it. Now I am scheduled to appear at the LA City Attorney's office for a "City Attorney office hearing."

What is this? Some sort of pre-trial thing? Are they deciding whether or not to try me for something? How concerned should I be about this?

Basically I'm clueless.

[Hawkbit]

The wife (attorney in Ohio) says:

California law is nothing she's aware of, so she won't go into specifics and won't be responsible for bad advice.  But...

How did you get scheduled?  Did you receive a subpoena or summons?

If yes, get a lawyer. 
If no, you can likely attend and if they start asking questions and you think you need a lawyer, stop all conversation and tell them you'll meet again with one present. 

Did the airport confiscate the knife?
Where did you get the knife/how long have you had it? 

Normally, anything airport would be handled on a federal level or DOHS.  She's very confused why the city attorney is involved.  How do you know that this meeting is related to the airport issue?

If you don't know the history of the knife, it's possible it was used in a crime at some point and the city wants to talk about it.  Maybe there's a 'butterfly knife' killer rampaging through LA and they want to see if that's you. 

---

As an aside, my mom (white, late 50s, suburban mother of two) is on the terrorist watch list for bringing a placard with an arrowhead on it through an airport in 2004.  She gets pulled aside, bags ripped apart and frisked every single time she goes to the airport.  Our homeland is secure, folks. 

[slog]

So over the holidays I accidentally took a carryon bag to the airport that had a butterfly knife in it. Now I am scheduled to appear at the LA City Attorney's office for a "City Attorney office hearing."

What is this? Some sort of pre-trial thing? Are they deciding whether or not to try me for something? How concerned should I be about this?

Basically I'm clueless.

Heh, this happend to a friend of mine.  If you care about having a criminal record, then get an attorney.

[Margalis]

This is the text of the letter I got:

A complaint has been filed with this office stating that you have violated Section P653-k, possession of a switchblade, on December 24, 2008. The matter has been scheduled for a City Attorney office hearing...

Please bring this notice and any documents...or witnesses necessary to assist this office in reaching a decision on this matter.

Should I care about a criminal record? It might be kind of a cool thing to impress girls with. Would a misdemeanor on my record have any negative employment consequences?

What is the decision they are making at this thing? Whether or not to prosecute?

[Selby]

Should I care about a criminal record?

You should care.  Possession of the blade is merely a misdemeanor (evidenced by the code they are referencing).  But if they try and determine if you had other motives, they could try and charge you with a felony - carrying a dirk or dagger "concealed and ready to use" is I believe considered a felony in California.

Chances are they are just going through the motions to get you to pay your $50 fine.  But just be prepared in case you get some newbie city attorney trying to make a name for themselves and "prosecuting to the fullest extent of the law" or some other nonsense.

And yeah, I'm not a lawyer, so take that for what it is worth.

[Righ]

Should I care about a criminal record? It might be kind of a cool thing to impress girls with. Would a misdemeanor on my record have any negative employment consequences?

Yes. No. Yes.

What is the decision they are making at this thing? Whether or not to prosecute?

Essentially, although they could be trying to get you to cop a plea to the misdemeanor charge (653k, misdemeanor possession of a switchbalde) to prevent them passing it on to a felony prosecutor for a more serious charge (such as 12020, felony possession of a dirk or dagger, or worse a federal charge). You need an attorney.

[Abagadro]

What is the decision they are making at this thing? Whether or not to prosecute?

That's my guess, although take it with a big grain of salt as it is a supposition. This is likely a screening mechanism where they find out your story and decide whether they want to prosecute you formally in court. They will likely try to get you to agree to some deal where you enter a plea in abeyance (which is where you plead guilty, pay a fine, and if you are good for 6 months or a year or something it is expunged) or some other lesser charge like an infraction.  Carrying a butterfly knife in California is illegal and the charge has a max of six months in jail and 1,000 dollar fine or both. Frankly I'd hire a criminal defense lawyer and take him/her with you to the office hearing.

[Margalis]

Man this sucks. Any adivce on finding an attorney?

[Abagadro]

I'd ask around to people you know. You don't have to ask "do you know a good criminal attorney" just ask if they know a good attorney. Call them and say you were referred by "so and so" and that you have a small criminal problem. They will either be able to help you or refer you to someone (and may just give you the skinny on how to handle it yourself).

The alternative is to go to the hearing first and see what the prosecutor is offering. You should be able to decline any offer and ask to go to a formal process (i.e. a trial) if you think you are getting screwed. My guess is that if you go in and talk about how it was an accident and the fact that it was not on your person (i.e. you weren't carrying it around ready to use) you may get a pass. If not then likely a fine and plea in abeyance which isn't a bad way to go as long as you are careful about not getting cited for anything over the 12 months. A lawyer will run you some bucks so it may not ultimately be worth it.

These are general principles with dealing with minor criminal things. I have no real idea how it works specifically in California but this is how it works in a lot of places as they don't have the manpower to fully prosecute every case.  So my baseline advice is still to hire a lawyer.

[Merusk]

I know a friend from high school is a very well established attorney in LA and managing partner in a firm. I believe they all specialize in Business Law, though. I'll e-mail her and see if she knows any good criminal attorneys in LA to recommend for you.

[Margalis]

I figure I'll ask the lawyers at work if they know anyone in criminal law.

[Signe]

I wonder what sort of woman would think having a criminal record is cool?  Probably not a very nice one! 

I would so get a lawyer but I'm not sure I'd want the people I work for to know about it.  I'd want to know exactly what to expect.  This sort of thing would be scary for me.  I'd also want to know if I'd be bothered every time I had to fly somewhere.  I hate the whole airport experience enough already!  Anyway, good luck, Margalis.  I hope everything turns out okay for you! 

[Hawkbit]

Just to back up the others... I told my wife about your answers and she recommended getting a lawyer asap. 

[Oban]

Get a lawyer. 

You could contact the Airport Police Department and ask them for a record request form, this would allow you to have information on the Police Officer involved and what they are reporting back to the City Attorney's office.

Also, having a criminal record will prevent you from entering Canada, the UK, and well most of the civilized world.

[NowhereMan]

This advice is all clearly sensible and boring. This is precisely what the attorney's office will be expecting and will result in a loss of respect for you from them. Instead forego hiring and lawyer and get yourself a clown. Any sort will do but preferably one that's experienced at children's parties, they have to go through checks so you won't accidentally hire someone with a criminal record (which could incriminate you further). Meeting at a place of their choosing clearly leaves them with the power, you have to outsmart them. Send them a counter-offer to meet somewhere else, preferably somewhere public with distractions. Maybe a fun fair as then even if the meeting is unsuccessful your trip won't have been a total waste and your cocky self-certainty will intrigue the state attorney. Eschew suit and tie, wear a mankini. Not only will this put the state attorney off balance (giving you an even greater upper hand) it will also demonstrate just how little you care about the whole affair.

No doubt after all of this the man will break down and plead for your forgiveness, through weeping sobs he'll ask you how he can possibly make it up to you. Now some would counsel being merciless here but instead show pity. Conclude your business with you, the state attorney and your clown taking a ceremonial rollercoaster trip together.

[K9]

Thanks, that just brightened my morning up.

[Oban]

You might want to change your avatar too Margalis.

My suggestion:

[Triforcer]

Cloak and find ammo. 

EDIT:  Seriously though, get a lawyer.  You don't want this on your record if you can help it. 

[Nevermore]

I wonder what sort of woman would think having a criminal record is cool?  Probably not a very nice one! 

Just the opposite!  Everyone knows it's the nice girls that love the bad boys!

[Ironwood]

Over here we can, and do, check for CR at 2nd interview.  And then you're gone.

So I'd sort it if I was you.

[Sheepherder]

State Laws

Over 2 inches in blade length?

[NiX]

Over here we can, and do, check for CR at 2nd interview.  And then you're gone.

So I'd sort it if I was you.

Same up here in Canada. Most employers check CR and as long as you haven't been pardoned for the crime, we're allowed to remove you from the selection process based on that.

[Broughden]

Normally, anything airport would be handled on a federal level or DOHS.  She's very confused why the city attorney is involved.  How do you know that this meeting is related to the airport issue?

^ This. Wrong.
Airport issues are handled by local police or their own police force (ie NYC LaGuardia uses Port Authority Police).
If the plane is in transit or in flight, which I believe also include being pushed back from the gate, or is a terrorism matter....then it gets bumped up to fed level.

This is why Senator Bathroom Bitch was busted by a local cop in s sting.

YES get a lawyer...as a former cop you ALWAYS get a lawyer.

And yes depending on state case law, they COULD define having a dirk or dagger "on your person" as having it in an unlocked accessible bag in your possession. In New York state anything in that bag is defined as "on your person" so they could hit you with a felony charge. There is a case right now making its way through the appeals process in CA based on a butterfly knife and someone being hit with the felony charge.

[Engels]

who the hell carries around a dirk anymore?

"forsooth, I am off to yon air-harbor. pass me my rainments and the dirk, peasant!"

[Oban]

"forsooth, I am off to yon air-harbor. pass me my rainments and the dirk, peasant!"

 

[Righ]

If only you had first edumacated yourself using the Playmobil Security Checkpoint. Price $62, review comments priceless.

[Chimpy]

If only you had first edumacated yourself using the Playmobil Security Checkpoint. Price $62, review comments priceless.

Oh man, thank you.

You made my day!

[Salamok]

On the upside if you do end up going the deferred adjudication route (sounds likely since you are guilty after all) then I believe CA has a law in place that specifically restricts this showing up on your record once the probationary period is up.