Monday, March 16, 2020

Expunge Thyself.

It starts out like a line from Shakespeare, but means a great deal today in the California legal system.  An expungement proceeding occurs when an offender of a prior criminal conviction seeks that the records of that earlier process be sealed, making the records unavailable through the state or Federal repositories. Unfortunately, sealing of records was rescinded by statute in California in 1982. Expungements now refer to ‘record clearances’.  A record clearance withdraws the guilty plea of conviction, and substitutes a not guilty plea in its place. This allows the client to legally declare to prospective employers that yes, he was arrested, but that was not guilty of the charge and the case was dismissed.

Some prospective employers are wise to this, but by law are not supposed to discriminate against prospective employees having gotten this remedy. Many of the big corporations hire investigators to examine court records and pull the original arrest report. Unfortunately, this remedy, as well as reducing the charges to misdemeanors, are all that can be done for non-prison cases.

There is a very real distinction between an expungement and a pardon.  When an expungement is granted, the person whose record is expunged may, for the most part, treat the event as if the conviction never occurred.  A pardon does not erase the event, however it does constitute “forgiveness”.  Mostly, pardons are granted by the California governor.

Getting an expungement is very real…and VERY possible!  This is especially true if you have California expungement attorney William Chestnut fighting for your side.  Find out more about this process and if it applies to you by contacting Bill Chestnut.  He fights for your cause from his office located in San Jose.  Call him at (408) 298-6990.

Tuesday, March 10, 2020

St. Patrick's Day Events around the Bay Area

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Find out what's going on in your area for St. Patrick's Day and get out enjoy the festivities!

Tuesday, March 3, 2020

Fraud…It’s on a Lot of Minds these Days.

With the proliferation of robocalls the term fraud has popped up in the American lexicon a great deal lately.  When your mind turns to the subject of identity theft, you probably picture someone stealing your Social Security number or hacking your email account.  But unfortunately, it’s much farther reaching than that.

Here are some other examples of fraud –

1.  Mail fraud
2.  Driver’s license fraud
3.  Healthcare fraud
4.  Tax Refund fraud
5.  Internet fraud

There are many more of course.  That last entry is a big one for modern society especially here around Silicon Valley.  If you or a loved one has been accused of any type of fraud, please contact William Chestnut immediately.  Bill is a criminal defense lawyer serving the greater San Jose area.  Call attorney William Chestnut the fraud defense lawyer at (408) 298-6990.

Tuesday, February 18, 2020

Felonies…Misdemeanors…I’m SO Confused!

Let’s set the record straight on the more punitive of the two.  In California a felony is a crime that carries a maximum sentence of more than one year in jail or prison.  The most severe penalty convictions in this state may even be punishable by death.  There may also be a fine of $10,000 assessed to any felony conviction.

Now, there is a possibility that a judge might sentence a felony offender to probation.  If someone is granted felony probation the offender will serve, at most, one year in county jail.  Furthermore, there is a “straight felony” which can be charged and sentenced only as a felony.  Or a “wobbler felony” which can be charged as a felony or a misdemeanor.

I don’t need to tell you that felony charges in the Big Bear State are very serious.  If you or a loved one has been charged with one in our state, please call me immediately.  I am San Jose criminal defense attorney William Chestnut.  Call me Bill, but call me!  We’ll arrange a consultation at my First Street office in San Jose.  That number is (408) 298-6990.

Wednesday, February 5, 2020

Valentine's Day in San Jose

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"Love your significant other as much as you love San Jose? Trying hard to impress to make them your sweetheart? Let Cupid take his aim and take your date out on the town with a signature San Jose spin at these Silicon Valley hotspots."

Pardon Me…Please.

In polite society that seems fairly simple.  When you have been convicted of a major crime in the State of California that pardon takes on a whole new meaning.  If you have a felony conviction and since then you have had no further criminal charges or convictions, you may be eligible for a pardon from the governor.

Here are a few things you need to apply –

1.  First, determine if you are eligible.
2.  Obtain the proper application packet.
3.  Complete the application thoroughly.
4.  Hire an experienced criminal attorney to make sure it is all done right.

There is no getting around that last point.  This is WAY to important to take chances!  If you believe that you may successfully qualify for a pardon in California please call on the assistance of San Jose Criminal defense attorney William Chestnut.  He is imminently qualified to help you through the process.  Just call (408) 298-6990.

Tuesday, January 14, 2020

There’s Good News and Bad News.

Generally speaking, that is usually the way things are.  In the latest reporting year of 2017 did you know that violent crime in California was up 1.5%, BUT the levels are comparable to the late 1960’s?  The violent crime rate in the Big Bear State has decreased substantially in the last 30 years and that’s good news!

The Public Policy Institute of California puts it into perspective.  Through 2017 59% of reported violent crimes in California were aggravated assaults, 32% were robberies, 8% were rapes, and 1% were homicides.  Perhaps none of this means much to you…unless you or a loved one has been detained on one of these charges in 2020.

Now, it gets really personal!  If you or anyone you care about is accused of a violent crime in the greater San Jose area please call on me.  I am San Jose criminal defense attorney William Chestnut.  You can call me Bill, but just call me.  Personally, I thought it was a crime that The Sharks let Joe Pavelski get away!  My number is (408) 298-6990.