Weapons on School Grounds

Under Penal Code Section 626.10, having a weapon within a school grounds is a crime. Since the aim is to deter violence and school shootings, overzealous prosecutors are quick to seek convictions. Whether your child is charged with this crime after misguidedly carrying a weapon to school to show friends or you unknowingly visited a park where a K-12 school was conducting a class, there are many ways in which an innocent person can be penalized. The crime carries severe life-altering penalties. The aggressive legal team at the Law Offices of Anna R. Yum can collect evidence and scrutinize your charges to develop the most effective legal strategies and obtain the best case outcome. Our reliable San Diego attorneys can guide you through the California criminal judicial system and refute your allegations.

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A Brief Overview of PC 626.10

According to California Penal Code Section 626.10, bringing specific weapons within or onto specific school playfields is an offense. The prohibition includes the following:

  • K-12 schools
  • Any public, private college, or university

Weapons forbidden from schools per PC 626.10 law include the
following:

  • Daggers
  • Stun guns
  • Icepicks
  • Tasers
  • Pellet guns
  • Folding knives

Potential Penalties and Consequences of PC 626.10 Violation

If you are found guilty of carrying a weapon on school grounds, you face varying degrees of punishment. The offense is a California wobbler; the prosecution team can charge you with a felony or misdemeanor based on the case facts and circumstances.

If you are prosecuted with a California misdemeanor, your potential penalties can include the following:

  • A maximum of $1,000
  • A prison sentence of one year
  • Informal (summary) probation with terms and conditions like
    surrendering all your weapons, performing community service, maintaining
    your employment, and abstaining from alcohol or drugs

If the prosecutor files the offense as a felony, the potential penalties can include the following:

  • Three years in state prison
  • A fine not exceeding $10,000

The court could also order formal probation as alternative sentencing after considering factors like the crime’s severity, character, criminal record, and attitude toward probation. Felony probation allows you to serve some or all of your sentence out of jail but under a probation officer’s
supervision. During probation, you should comply with specific conditions like regular meetings with a probation officer, paying court fees and fines, performing community service, counseling, electronic monitoring, and community supervision.

PC 626.10 Charges Legal Defenses and Strategies

If you are charged with a PC 626.10 offense, you can use any of the defenses below, depending on your case facts, to fight your criminal charges. Your defense lawyer should thoroughly evaluate your case facts to determine the best defense plan.

You Had Legal Permission to Carry the Weapon

Some people can carry guns with them, even onto school grounds. They include police officers, people helping law enforcers, or armed forces members. If you belong to this category of people, then you cannot be found guilty of bringing a gun within a school grounds.

Mistaken Identity

Unfortunately, false allegations are common in the justice system.

If you are a victim of mistaken identity, it may be that a witness who saw the crime occur mistook you for the actual perpetrator. You can fight the charges by presenting evidence of your whereabouts and location during the crime commission.

You Had No Prohibited Weapon

Only certain weapons are forbidden on school grounds, and you are lawfully allowed to bring certain weapons with you to school. For instance, assuming you unintentionally brought a small pen knife to school. While the knife is technically a weapon, you can possess it without facing PC 626.10 charges.

Related Offenses

Three crimes charged alongside with or instead of carrying an illegal weapon in school include the following:

Business and Professions Code 25608

Business and Professions Code 25608 makes it an offense for a person to drink, sell, possess, deliver, or give an alcoholic beverage while in a public schoolhouse or on the grounds of the public school.

The crime is a misdemeanor carrying six months in county jail and one thousand dollars in fines as penalties. Sometimes, the judge could order the defendant to serve misdemeanor or summary probation.

Having a Concealed Dagger or Dirk

According to PC 21310, it is illegal to have a concealed dagger or dirk (a knife that a person can use to stab another person and inflict great bodily injuries or death).

The crime is a California wobbler. A misdemeanor attracts informal probation, a year in jail, and a fine of $1,000. If convicted of a felony, you will face the following maximum penalties:

  • Three (3) years in jail
  • Felony probation
  • A ten-thousand-dollar fine

Possessing a Switchblade (Penal Code 21510)

If a switchblade has a blade at least two inches in length, it is unlawful to do the following:

  • Possess the knife in any car in any public space
  • Carry the switchblade on your person
  • Expose for sale, sell, offer, transfer, give, or loan the knife to another person

The crime is a misdemeanor punishable by a fine of $1,000 and six months in jail.

Can You Expunge Your Criminal Record?

Yes, you can, as long as you:

  • Are not serving time, on probation, or prosecuted with a crime
  • Have completed your probationary time

Expungement deletes criminal records, including arrests. After expunging your records, you can legally claim you have never been found guilty, charged, or arrested for criminal activity. Its benefits are as follows:

  • Obtaining employment — Many companies perform background checks and are unwilling to hire applicants with criminal records. The expungement allows you to deny having a prior conviction legally.
  • Applying for school — Typically, school administrators deny applicants with previous criminal records. Expungement can prevent the educational institution from learning about your past.
  • Securing financial aid — Obtaining a loan can help you restart your life after serving time. Nonetheless, some creditors believe people with criminal records have difficulty repaying their debt, resulting in loan application denial or high interest rates.
  • Finding affordable housing — Potential landlords also conduct background checks and might require an individual with a criminal record to pay more rent or deposit.
  • Social reasons — You do not want people to perceive you differently due to your criminal record. You do not want to be excluded from an organization or removed from a social gathering due to a mistake you
    committed many years ago that does not reflect your character. Expunging the case can alleviate these worries.
  • Finally, knowing that you do not have a criminal record following you is liberating and comes with peace of mind.

Why You Should Hire a Criminal Defense Lawyer

The section below discusses the importance of seeking legal assistance.

Your Attorney Offers an Expert Approach

You can obtain the most favorable case outcome if your legal counsel negotiates with the prosecution team. It could lead to the dismissal or reduction of the charges. However, several challenges may arise during negotiations, and you require a legal professional to navigate them professionally.

Criminal Lawyers Understand the Justice System

Criminal regulations are complex, and without an extensive understanding of California Penal Codes and statutes, it could be difficult to challenge your charges effectively. Criminal attorneys have in-depth knowledge of the laws and the judicial system. They are familiar with the justice system’s complex legal procedures and how they function, making them qualified to deal with serious criminal matters.

When facing criminal charges, the paperwork required is massive. An attorney with excellent court process knowledge will ensure the court processes the case records correctly. Remember that the court often sides with the alleged victim. The prosecution team will not hesitate to press you
as hard as possible, not forgetting that court dealings have strict deadlines and bottlenecks that do not always favor the defendants.

Lawyers offer the support that can save the defendant from seeming as though they are negligent of their obligations. You will likely have a better experience when you partner with someone who knows the court system and has earned the prosecutor’s respect.

Access to Resources

An experienced and proven lawyer will have vital connections to resources that can help strengthen your case, including professional expert witnesses like detectives and forensic scientists. The attorney can also review the evidence to ensure it was collected ethically and there were no signs of law
enforcement misconduct.

Also, regarding witness statements and evidence, a criminal defense attorney is well-trained to procure the relevant evidence and arguments so that you can build a formidable defense. Witnesses could be afraid for their safety when speaking openly. However, discussions with an attorney will help
alleviate their fears, enabling them to testify and clearing you of wrongdoing.

Evaluation of the Police Officer’s Conduct

Great criminal defense lawyers spend many years understanding what constitutes correct police procedures. In your attorney’s investigations about the police conduct, they might find areas where the police could have violated your legal rights. If the police acquired evidence against you
illegally, your defense can file a motion to make the evidence inadmissible in court, which could lead to your case’s dismissal.

Objective Support

When facing criminal charges, it could be difficult to remain objective. A skilled defense lawyer will offer objective support and guidance to you throughout the legal process. They will ensure that you understand your rights and available options and help you make decisions that best suit your
interests.

How to Avoid Self-incrimination During Police Interrogations

After your arrest, a police officer will take you to a space where they will question you about the violation of PC 626.10. Before the officer starts the interrogation, they should read you your Miranda warning, which comprises your right to legal representation and remain silent.

The detective will ask you basic questions like personal information before delving into questions about the crime. They can present witness statements or evidence against you and use tactics to attempt and obtain a confession. While it is illegal, the police might subject you to physical force or
psychological pressure, like a promise of leniency or threats to get you to confess.

You are entitled to legal help and the right to remain silent throughout your interrogation. Once you invoke your right to remain silent, the interrogation should stop until your lawyer is present.

Self-incrimination can attract severe consequences. Therefore, avoiding self-incrimination during law enforcement interrogations safeguards your constitutional rights and ensures a fair criminal judicial process. The following tips can help you avoid self-incrimination:

  • Understand your constitutional rights and protection — Before the police interrogation begins, you should understand that you have the legal rights to remain silent and attorney representation, among other rights. Exercise these legal entitlements by expressly stating you
    choose to stay quiet and requesting an attorney before answering the investigator’s questions.
  • Assert your legal rights — If law enforcement agents continue to coerce you to answer their questions or waive your legal rights, stand your ground firmly but respectfully. Inform them that you will stay silent and that you have to have attorney representation before the
    interrogation commences.
  • Request for clarification — If you do not understand any question or are uncertain how to respond, do not hesitate to ask. It is better to ask for clarification instead of giving an answer that could be misinterpreted or misunderstood.
  • Refrain from giving false information — Lying to police officers during the interrogation could have severe repercussions and further incriminate you. It is better to keep quiet than to provide false information.
  • Be careful with your words — Speak cautiously during the police interrogation. Refrain from making any statements that may implicate you in the offense. Reply with straightforward, concise answers, and do not explain in-depth or offer unnecessary details.
  • Remain patient — While interrogations can be lengthy, being persistent in asserting your legal rights and patience is crucial. Remember that you are allowed attorney representation and can conclude the interrogation when you decide to.
  • Remain calm and relaxed — The atmosphere in a police interrogation room can feel intimidating, but it is vital to remain calm and collected. Do not be emotionally reactive to the tactics or questions the police use in their interrogations. Take deep breaths and concentrate on keeping
    your composure.
  • Do not agree to searches — If law enforcement agents request you to agree to searches on your person, property, or belongings, understand that you have the legal right to decline. Not consenting does not indicate guilt and is a way to safeguard your privacy and constitutional
    entitlements.

What Happens When Police Make Errors During Your Interrogation?

The first consequence is that any proof acquired during the interrogation is considered inadmissible in court. That means the prosecutor cannot use that evidence against you. A violation does not mean the court will dismiss your entire criminal case or exclude everything you told the police. The court will only throw out your statement during the violation period.

Second, if the prosecutor cannot use evidence from the interrogation at trial, it could affect plea bargain negotiations. Without robust evidence, the prosecutor is more willing to offer you a favorable plea offer. A plea bargain is an arrangement between the accused and the prosecutor where the
defendant pleads guilty to a lesser criminal charge in return for a more lenient sentence or penalties.

Preparing Effectively For a Criminal Court Appearance

Knowing how to get ready for a court hearing can significantly affect your case outcome. There are essential ways you can prepare adequately for a court proceeding, including the following:

Speak With Your Defense Lawyer

Consulting a criminal defense attorney is crucial before your first court appearance. Your lawyer will help you understand what to expect during the court appearance. They will explain the court procedures and inform you of the suitable court etiquette.

Be Punctual

There are better ways to start your case than arriving late. It will not only waste your lawyer’s time, the judge’s time, and the prosecution’s time (every mentioned party finds it highly irritating ) but could also disrupt the whole court schedule. It also portrays your character poorly, hampering
your legal counsel’s appeals to your character, which they might have sought to utilize to support your defense. Leave for the court early enough to beat the traffic and plan to arrive at the court at least thirty minutes before the hearing.

Dress Decently

According to the law, you are innocent until proven guilty. However, first impression implies that your initial appearance could impact how the jury or judge perceives you immediately after you enter the courtroom.

Therefore, always dress decently when attending court. Treat it as your job interview, and avoid sandals, shorts, and jeans. Cover all your tattoos if you can, and do not wear a hat unless it is for religious purposes.

Be Courteous Always

Politeness cannot be emphasized enough. Your behavior outside the confines of the court will make its way to the judge as it also applies to your in-court behavior. Be polite to every person, whether they are security guards monitoring you at the door, the court clerk checking you in, or the
bailiff reading off your criminal case. Judges have a deep sense of care for court staff and will quickly identify mistreatment. On the flip side, obtaining the favor of the clerks by being courteous and easy to serve could help you get better court dates and more, which could positively affect your case.

Note that cellphone usage is forbidden in the courtroom, and glancing at your phone while another person is speaking is rude. You should switch off your cell phone.

Listen attentively to questions asked when it is your turn to talk. Provide concise and clear answers; the capability to articulate your thoughts accurately and succinctly avoids misunderstandings, makes it easier for the judge to understand your perspective, and strengthens your case.

How to Address the Judge

During court hearings, the judge could ask you questions directly. Even when a defense lawyer represents you and you do not have testifying plans, the judge could ask clarifying or procedural questions. Whenever required to respond to the judge, you should do so respectfully, referring to the judge as sir, “your honor,” or madam. Answer the judge’s questions directly and briefly, and avoid lengthy explanations. If you believe you need to explain further, inform your attorney by writing or through a whisper. Allow your legal counsel to speak on your behalf and keep quiet whenever possible.

Collect and Organize Your Evidence

Evidence is a fundamental part of a trial and comes in several formats, including physical or digital evidence, testimonies, documentation, audio, and videos. First, you must consider what kind of evidence is at your disposal. How solid is the evidence? Is the evidence reliable? Will the
evidence have a significant impact on your case? Once you have satisfactory answers to those questions, your legal counsel will help you develop a detailed inventory to ensure the evidence is admissible in court and plan to present it at trial effectively.

Know How to Present Evidence

Evidence is the materials and details you present in a courtroom to refute the allegations against you. The evidence can be either witness testimony or exhibits.

Witness testimony can be from people involved in the crime with knowledge. It offers a firsthand account of the crime. On the contrary, exhibits function as digital or physical evidence. They can include police reports, photos, and written documents.

Knowing the rules of evidence is a key facet of preparation. California has a criteria for admissible evidence in court. The regulations ensure the presented evidence is relevant and reliable and can help the judge make informed decisions.

Find Aggressive Legal Assistance Near Me

If the prosecution has charged you with violation of weapons on school grounds law, you could face significant jail time, a damaged reputation, harsh fines, and a criminal record. While the stakes are high, do not try to talk your way out of the criminal charge, or you could give the San Diego prosecutor the evidence they require to convict you. At the Law Offices of Anna R. Yum, we believe you are innocent until proven guilty and have constitutional rights that should be protected. We comprehensively review every case aspect to develop and execute the most viable defense plan. The
sooner you can contact us at 619-493-3461, the sooner we can start building your defense, and the higher the chances of obtaining a favorable outcome for your case.