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.

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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.

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.

Proposition 47 and 57.

That may not mean much to you, but let us explain.  Proposition 57 allows nonviolent inmates to petition for earlier release and participate in rehabilitation programs.  All releases still need approval from the parole board.  Proposition 47, meanwhile, reduced some crimes from felonies to misdemeanors.  They were passed in 2016 and 2014 respectively.

A new ballot measure which will be voted on in 2020 would shorten the list of who can seek earlier parole and reclassify some theft crimes from misdemeanors to felonies.  It would also expand the number of crimes where DNA is collected, a list that was limited when some crimes went from felonies to misdemeanors.

Of course, we hope that none of this will affect you or your family this upcoming year, but it is good to be aware of it early.  If you or a loved one is arrested on a criminal charge keep your vision 2020 this new year and immediately contact San Jose Ca criminal defense attorney William Chestnut.  Prosecutors know…you can’t crack this chestnut!  Call (480) 298-6990.

There’s Gold in Them Thar Hills!

It was an expression used frequently in Northern California in the late 1840’s and 1850’s.  By the time it ended, California had gone from a thinly populated ex-Mexican territory, to having one of its first two U.S. Senators John C. Fremont becoming the first Republican Party candidate for President of the United States in 1856.

The effects of the Gold Rush were substantial.  Outside of California, the first to arrive were from Oregon, Hawaii, and Latin America.  Of the approximately 300,000 people who came to California during the Gold Rush, about half arrived by sea and half came overland.  The forty-niners often faced substantial hardships on the trip, but they felt it was worth it!

Today, the 49rs are mostly confined to the gridiron, but the effect that those original 49rs had on Northern California was forever impactful.  I am proud to be a part of this ever-growing valley.  My name is William (Bill) Chestnut.  For decades, I have been a criminal defense attorney out of San Jose.  To you and your family I wish a Merry Christmas and a Happy Holiday Season.

You’rrre Outta There!

Three strikes and you’re out on the baseball diamond AND in the California court system.  In 1994, California passed a sentencing law colloquially called the “Three Strikes and You’re Out” law.  At the time it was originally enacted, the law established a mandatory sentence of 25 years to life in prison for any defendant convicted of a third felony, or third “strike,” regardless of the nature of the felony.

Finally, in 2012 Californians voted in support of Proposition 36.  It revised the law so that mandatory life sentences would only be imposed for “violent” or “serious” felonies.  For example, if a defendant is convicted of selling or distributing cocaine, heroin, meth-making materials, or PCP to a person under the age of 18, and has two prior strikes, he or she will be subject to the Three Strikes sentencing law.

It may be more lenient than it used to be, but The Big Bear State has a very low tolerance for convicted drug dealers.  San Jose criminal defense attorney William Chestnut knows that the legalization of small amounts of marijuana does NOT clear the way for other drugs!  Call on Bill for vigorous California drug defense at (480) 298-6990.