Local San Jose media have picked up on the fact recently that of all the child molestation cases heard so far this year in Santa Clara County, 43 percent have ended with juries either acquitting the suspect or being deadlocked on a verdict, resulting in a mistrial.
The apparent jump in mistrials is beginning to raise questions among some legal minds with expertise in dealing with sex crimes charges. There are those who say it may be due to overly aggressive prosecutors taking their cases to trial without sufficient evidence. Others suggest that juries, swayed by myriad crime shows on TV, have expectations of receiving forensic evidence that aren't being met.
If you're in need of criminal defense contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance.
Thursday, January 16, 2014
Wednesday, December 25, 2013
Social Host Ordinance Could Bring Criminal Penalties Against Parents
Social host ordinances have been springing up across communities for many years. Now, San Jose has passed its own ordinance, hoping to curb underage drinking. According the San Jose Mercury News, the social ordinance would make the adult who owns or leases the property responsible if more than three underage people are found drinking on the property, and they could be charged with a crime. This means parents need to be extra cautious as to what their children are up to.
These ordinances place the burden of responsibility on the parents for knowing exactly where their children are at every moment of the day. If a parent needs to go out of town for work for a night, or the parents take a vacation without their kids, they might risk being fined for the social host ordinance. It might not be as simple as locking up the liquor cabinet.
If you're in need of criminal defense contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance.
These ordinances place the burden of responsibility on the parents for knowing exactly where their children are at every moment of the day. If a parent needs to go out of town for work for a night, or the parents take a vacation without their kids, they might risk being fined for the social host ordinance. It might not be as simple as locking up the liquor cabinet.
If you're in need of criminal defense contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance.
Thursday, December 19, 2013
Man Claims Police Brutality After Arrest For Robbery
When someone is arrested, they have the right to be treated fairly and with respect. Being arrested doesn't mean a person is guilty of a crime; therefore they should be treated as innocent, until they are proven otherwise. Sometimes when a person is accused of committing a violent crime, police act violently toward the accused person, even if they are arrested without resistance. This could be an act of police brutality.
Sometimes police overstep their authority or abuse that authority and they violate the rights of the accused. A man in another state was arrested and convicted of robbery. He claims that while he was getting arrested police stomped on him and caused great bodily injury to him, including a hemorrhage in his eye and broken bones. These injuries are a serious violation of the accused person's rights.
If you are a victim of police brutality, contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.
Sometimes police overstep their authority or abuse that authority and they violate the rights of the accused. A man in another state was arrested and convicted of robbery. He claims that while he was getting arrested police stomped on him and caused great bodily injury to him, including a hemorrhage in his eye and broken bones. These injuries are a serious violation of the accused person's rights.
If you are a victim of police brutality, contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.
Friday, November 22, 2013
Juveniles Arrested After Fire In South San Francisco
Teenagers sometimes hang out with their friends, and do things that their parents might not approve of. If these activities result in an arrest, it is important that teens and their parents understand their rights. Five juveniles were arrested last week after allegedly lighting a fire in Sign Hill Park using illegal fireworks in South San Francisco. One boy was identified by investigators who allegedly told police he was with the four others.
Sometimes juveniles are accused of crimes and their parents might not know how to handle the legal situation. Speaking with a criminal defense attorney who is experienced in juvenile criminal cases might be a wise decision.
The teens in this case were charged with conspiracy and burning property. Although they were released to their parents, they may still face some legal issues. They could face consequences that could harm their ability to get into college and might have long lasting effects. Parents often care about their child's wellbeing, and even if they make a mistake, would never want those mistakes to harm their chance at a solid future.
An attorney can help the teen and their family understand the charges they are facing and how the legal system works for juveniles. People might think that a crime committed by a juvenile is just automatically wiped off of their record once they become an adult, but it is important to fully understand how each individual charge can affect a teen's future. Some charges might consequences that might last into adulthood.
Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.
Sometimes juveniles are accused of crimes and their parents might not know how to handle the legal situation. Speaking with a criminal defense attorney who is experienced in juvenile criminal cases might be a wise decision.
The teens in this case were charged with conspiracy and burning property. Although they were released to their parents, they may still face some legal issues. They could face consequences that could harm their ability to get into college and might have long lasting effects. Parents often care about their child's wellbeing, and even if they make a mistake, would never want those mistakes to harm their chance at a solid future.
An attorney can help the teen and their family understand the charges they are facing and how the legal system works for juveniles. People might think that a crime committed by a juvenile is just automatically wiped off of their record once they become an adult, but it is important to fully understand how each individual charge can affect a teen's future. Some charges might consequences that might last into adulthood.
Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.
Friday, November 8, 2013
Man Accused Of Sex Acts With San Jose Girl
Sometimes people are accused of crimes that could harm their careers. A psychotherapist has been accused of engaging in sex acts with a girl in San Jose and is now facing criminal sexual charges. The man has reportedly never had any disciplinary action within the context of his job, and has said the girl was not one of his patients. Even if the girl was not one of his patients, the charges against him could limit his ability to continue as a licensed psychotherapist in the future.
According to reports, the man met the girl in a social context and he said she lied about her age. Cases like this can greatly impact a person's career, regardless of their relationship to the other person. The man's reputation can be hurt just by having charges brought against him, which highlights the severity of the charges he faces.
If the man is convicted of the crime, he risks losing his license to practice in his profession as well as other consequences besides jail time. Many states require people convicted of sexual offenses to register as a sexual offender, and announce their presence to neighbors if the ever move. An experienced criminal defense attorney can help people understand the charges they face and how the criminal court proceedings work.
Sometimes police and investigators present evidence that might have been illegally obtained. An attorney can help protect the accused person's rights and make sure that no improper evidence is presented in court. Any such evidence could result in a wrongful conviction.
Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.
According to reports, the man met the girl in a social context and he said she lied about her age. Cases like this can greatly impact a person's career, regardless of their relationship to the other person. The man's reputation can be hurt just by having charges brought against him, which highlights the severity of the charges he faces.
If the man is convicted of the crime, he risks losing his license to practice in his profession as well as other consequences besides jail time. Many states require people convicted of sexual offenses to register as a sexual offender, and announce their presence to neighbors if the ever move. An experienced criminal defense attorney can help people understand the charges they face and how the criminal court proceedings work.
Sometimes police and investigators present evidence that might have been illegally obtained. An attorney can help protect the accused person's rights and make sure that no improper evidence is presented in court. Any such evidence could result in a wrongful conviction.
Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.
Thursday, October 31, 2013
San Jose Area Teen Arrested After Allegedly Assaulted Cop
Police used a Taser on a teen who they say had been smashing side mirrors on cars in a parking lot. They also say the San Jose area teen punched a cop after they tried to arrest him, leading to the use of the Taser. When teens are arrested for violent crimes, they sometimes don't understand their rights. Police will talk to them without a parent, guardian or attorney present, and if a teen says something to them, authorities may use it against the teen in court.
The teenager in this case is facing charges of felony vandalism, public drunkenness, battery on a police officer and resisting arrest. All of these charges can lead to significant consequences if the person is convicted. Many times when a teen is charged with a crime, they might find it hard to further their education and might even have difficulty finding a job.
Because of the potential consequences, it might be wise for a teen and their parents to speak with a criminal defense attorney. An attorney can help make sure their rights are preserved. If police said or did anything that might have violated the teen's rights during an arrest, it might lead to a wrongful conviction.
A rigorous criminal defense can help fight charges and might be able to reduce the impact criminal charges have on a teenager's future. Criminal charges could have an effect on a person's ability to get into college and further their education beyond high school. An alleged mistake as a teenager shouldn't mean a person's entire future goals become unattainable.
Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.
The teenager in this case is facing charges of felony vandalism, public drunkenness, battery on a police officer and resisting arrest. All of these charges can lead to significant consequences if the person is convicted. Many times when a teen is charged with a crime, they might find it hard to further their education and might even have difficulty finding a job.
Because of the potential consequences, it might be wise for a teen and their parents to speak with a criminal defense attorney. An attorney can help make sure their rights are preserved. If police said or did anything that might have violated the teen's rights during an arrest, it might lead to a wrongful conviction.
A rigorous criminal defense can help fight charges and might be able to reduce the impact criminal charges have on a teenager's future. Criminal charges could have an effect on a person's ability to get into college and further their education beyond high school. An alleged mistake as a teenager shouldn't mean a person's entire future goals become unattainable.
Thursday, October 10, 2013
Ruling On GPS Tracking Upholds Rights Of Suspects
At any given time, countless numbers of California motorists are using GPS technology to get where they want to go. That same technology has also been used by police to track individuals without their knowledge. Back in November, this blog made note of the fact that the U.S. Supreme Court had taken up the constitutionality of such actions. And recently, the court concluded GPS tracking amounts to a "search" as outlined in the Fourth Amendment.
The criminal defense system functions both to pass judgment on those who have been convicted of committing a crime and to protect the rights of those who have been accused of breaking the law. By declaring that GPS tracking amounts to a Fourth Amendment search, the Supreme Court insists that law enforcement uphold certain protections that the Constitution affords those targeted by the criminal justice system.
However, legal experts are continuing to debate to what extent the Supreme Court's decision upholds the rights of suspects. Though GPS tracking is now explicitly considered a search, many question whether or not law enforcement must obtain a warrant before affixing a GPS device to a suspect's car without his or her knowledge.
On the one hand, law enforcement is required to obtain warrants before performing most Forth Amendment searches. Some experts argue that because the Court did not specify that GPS searches constitute an exception to this rule, warrants are required for this kind of tracking.
On the other hand, the Court did not indicate whether GPS searches are considered reasonable or unreasonable. If such a search were to be considered reasonable, law enforcement might not need a warrant.
It is unclear whether or not the Court's recent ruling upholds the rights of suspects to a greater or lesser degree. Nevertheless, by declaring that GPS tracking of suspects is indeed a Fourth Amendment search, the Court has advanced the constitutional rights of the accused to some extent.
Scholars observe that further clarification will come as the court decides other, similar cases in the future.
Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.
The criminal defense system functions both to pass judgment on those who have been convicted of committing a crime and to protect the rights of those who have been accused of breaking the law. By declaring that GPS tracking amounts to a Fourth Amendment search, the Supreme Court insists that law enforcement uphold certain protections that the Constitution affords those targeted by the criminal justice system.
However, legal experts are continuing to debate to what extent the Supreme Court's decision upholds the rights of suspects. Though GPS tracking is now explicitly considered a search, many question whether or not law enforcement must obtain a warrant before affixing a GPS device to a suspect's car without his or her knowledge.
On the one hand, law enforcement is required to obtain warrants before performing most Forth Amendment searches. Some experts argue that because the Court did not specify that GPS searches constitute an exception to this rule, warrants are required for this kind of tracking.
On the other hand, the Court did not indicate whether GPS searches are considered reasonable or unreasonable. If such a search were to be considered reasonable, law enforcement might not need a warrant.
It is unclear whether or not the Court's recent ruling upholds the rights of suspects to a greater or lesser degree. Nevertheless, by declaring that GPS tracking of suspects is indeed a Fourth Amendment search, the Court has advanced the constitutional rights of the accused to some extent.
Scholars observe that further clarification will come as the court decides other, similar cases in the future.
Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.
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