Just Say "No"...To Searches

Every day, United States citizens are submitting to, or being tricked into, allowing a police officer to search their home, car, or person. The Fourth Amendment of the United States Constitution protects all U.S citizens from ANY unwarranted searches and seizures. This means that, both federal and local law enforcement are strictly prohibited from conducting a search and seizure of your home, body, and/or property unless the following criteria is met:

1.They have probable cause to believe that an illegal activity has or is about to occur.
2.They have obtained a search warrant.

If an officer of the law does in fact obtain information without meeting the criteria stipulated in the constitution, that evidence is not admissible in a court of law as it was illegally obtained.

If you were arrested after a law enforcement official conducted a search of your home, body, or property, then be sure to contact us immediately. In such cases time is of the essence. Search and seizure is a complicated subject. Many people are simply terrified when dealing with police officers and will forgo their rights because they feel intimidated. Don't be intimidated! A police officer will recognize when they are dealing with an informed citizen. Be courteous and respectful and never agree to a search. Once you have given them permission to rummage through your belongings, ANYTHING in your possession can be held against you. So just say NO to searches.

Contact San Jose Criminal Defense Attorney William Chestnut today if you believe you were illegally searched.

This The Season For... Shoplifting

The holiday season is upon us. Department stores will stay open later than ever from now until Christmas in an effort to maximize holiday revenue. However, as shopping hours increase, so do thefts.

Theft is a serious offense and if you are charged with it, will reflect on your permanent record. If you are accused of theft the best thing you can do is to keep quiet and retain counsel.

Many department stores pursue shoplifters with overt aggression to teach a lesson to would-be thieves. As a result, something as simple as shoplifting a DVD could have you facing jail time. There is a San Jose Criminal Defense Attorney who is ready to fight for you. If you have been charged with theft we will work tirelessly to come up with a creative solution to either drop the charges or significantly lessen them. It isn't fair that an individual suffering from a lapse of judgement be housed with hardened criminals.

Obviously the best way to avoid the time is to avoid the crime, but sometimes circumstances force us to act outside of our better judgement. In the case of an individual who was laid off from their job during the holidays and was caught shoplifting a teddy bear for his or her daughter to have for Christmas, they shouldn't be subjected to the same treatment a career criminal would face. Each case should be judged individually. There is no "one size fits all" when it comes to such cases. A person's intentions and prior criminal record should also be considered. That is where our knowledge of the law will come in and make sure you (remove) that all of your rights are protected and a fair solution is reached.

Don't wait, contact San Jose Criminal Defense Attorney William Chestnut if you have been charged with theft.

States Like Washington And Colorado Have Legalized Marijuana For Recreational Use, California Has Not

Marijuana is becoming more accepted by mainstream society every day. While states like Washington and Colorado have fully legalized it for recreational use, California has not.

Some say that the states of Colorado and Washington have decided to wage war on the federal government. The state law is in direct conflict with the federal law that classifies marijuana as a schedule II narcotic. Which means, the states of Washington and Colorado have essentially said to the Feds, "Come and get us."

In California, we have the compassionate care-givers act. This allows patients to use marijuana for medicinal purposes. The license is given out by doctors after a brief examination. It is easy to obtain and it is the difference between breaking the law and abiding by it. Even though this seems like a loop hole, it's actually a much better way to navigate around an archaic law while not directly challenging the federal government.

If you are unlicensed and you are caught with marijuana, the punishment is relatively minimal... Unless that is, you have an eighth of marijuana broken up into little bags. Then you could be arrested for "intent to sell and distribute." There are all sorts of loopholes where law enforcement can trump up charges. In the cases of individuals who are caught selling LSD, they will busted for "weight" rather than quantity. The paper that the LSD comes on weighs far more than the LSD itself. As a result, there are many doing prison time simply for paper weight.

Back to marijuana -- the best way to avoid police interference is to become licensed. If you have been accused of or charged with marijuana possession, contact San Jose Criminal Defense Attorney William Chestnut immediately. While you probably aren't facing jail time (unless you were moving large quantities or multiple packages) you could be facing a myriad of fines and probation. If you're going to smoke get licensed, and if you have already been arrested, call us.

Contact Criminal Defense Attorney William Chestnut if you have been arrested for possession of marijuana.

Stay Safe This Halloween

This Halloween, before you head home from that wild party your co-workers hold in the office every year, think about the perils of a DUI.

A DUI, whether driving under the influence of alcohol and or drugs, is a very serious offense that could hinder you emotionally and financially for years to come. It is a serious offense committed by people from all walks of life. Sometimes it’s a belligerent alcoholic who is slalom driving through a construction zone in reverse. Other times, it’s someone who had 2 glasses of wine and a salad and thought they were okay to drive. Maybe they were. Perhaps they weren’t pulled over for weaving--but a tail light was out, or there was a DUI checkpoint, and that’s what prompted police suspicion.

Unfortunately, that’s an all too common occurrence. We have a drink or two, we think we are fine, an hour later we’re in holding cell.

How can you prevent this? Well, as always, abstinence is the best way. If you’re going to drink, don’t drive. Organize a carpool or opt for a taxi. Do you really want to drive on the freeway in a Lone Ranger costume anyway?

What if it’s too late for abstinence? Already had a drink or two and then drove huh? Got pinched less than a mile away from home? Yep, that’s how it goes. In this case, you will now need competent legal representation to see that all of your rights are being protected. Don’t go it alone. It is a legal and bureaucratic inundation of penalties, fees, jail time, and more, that will make you regret ever taking the wheel that fateful night. Let us help to soften that blow.

If you have been arrested for DUI, contact San Jose Criminal Defense Attorney William Chestnut. He can help!

WORLD WIDE WEB OF DECEPTION

All too often people are airing their grievances in social media forums. It seems as though every thought is now shared on social media. Many times, people will take to social media, blogs, and comment sections of online news forums and say some pretty awful things, even as far as making death threats.

In the wake of the 911 tragedies, what can be defined as a "terrorist threat" has now included language used online. The misconception by some is that freedom of speech gives one the right to say anything and everything they please without repercussion: Wrong! You can and will be held liable for threats made online, especially if they result in harm to another.

In this political season, people can become so divided that their anger spills over online. Some will make a snarky remark about a candidate on Facebook, while another becomes so enraged that he tweets death threats to a candidate, creating a serious situation for both parties.

More and more, technology is being developed to essentially abolish anonymity online. The government simply can't investigate every threat made on the Internet, but they have made it increasingly more difficult to not leave a digital trail.

Online bullying is another offense being taken much more seriously by lawmakers as they ramp up punishment in both state and federal laws regarding the severity of punishment.

As easily as authorities can catch Internet fraud, they can also trace back the origins of many threats. Sometimes when the person making the threat uses their actual name, they save the cops a lot of time and effort.

If you or anyone you know has been charged with "online crimes," contact San Jose Criminal Defense Attorney William Chestnut.

The Law Offices of William Chestnut 
1625 The Alameda, Suite 400 
San Jose, CA 95126 
E: williamchestnut@msn.com 
P: (408) 298-6990 
F: (408) 899-2269 
www.lawyersanjose.info 
www.williamchestnutlaw.com

STEALING FROM THE DIGITAL COOKIE JAR

It's no surprise that when the economy is down, crime is inevitably up. As the saying goes, "desperate times call for desperate measures." Unfortunately, in acts of desperation we aren't thinking clearly and tend to do things we may end up regretting.

Theft is a serious offense and can come in many forms. We typically think of a guy with a ski mask climbing out of a window across a lawn with ill-gotten goods, high stepping to the get away van, but not always.

One form of theft that is on the rise is online fraud. The false sense that the Internet isn't "the real world" is a thought shared by many novice criminals now doing time. Authorities and law makers have caught up with online fraud by expanding their resources and policing the web. It's a game of cat and mouse, all with the click of a mouse. Often times, someone will take to the Internet to sell stolen goods or receive compensation without any intent to distribute a product. In this economy, for some, it seems like an easy answer to take from the digital cookie jar. Make no mistake, there are real life consequences for fraud on the web.

Many benefit programs are done online these days and one may be tempted to falsify information online feeling as if it's no big deal as if they're lying to a robot. It isn't the robot they're lying to, it's the State Government. You can incur swift penalties if found guilty, among them being prison time.

If you or someone you know is facing theft and/or fraud charges alleged to have been committed via the Internet, contact San Jose Criminal Defense Attorney William Chestnut.

The Law Offices of William Chestnut 
1625 The Alameda, Suite 400 
San Jose, CA 95126 
E: williamchestnut@msn.com 
P: (408) 298-6990 
F: (408) 899-2269 
www.lawyersanjose.info 
www.williamchestnutlaw.com

Have a Safe and Happy Labor Day!

The end of summer is here and Labor Day is upon us. With Labor Day, comes barbecues and beaches and a chance for one last hoorah before we return to our seasonal routine. All too often what starts as a terrific weekend can turn terribly tragic in an instant if responsibility and vigilance isn't taken behind the wheel.

Statistics have shown that Labor Day weekend has historically had a significantly higher number of auto accidents than non-holiday weekends. This holiday alone has 15 percent more auto fatalities as well. Many motorists will opt to drive if gas prices donʼt climb. Which will reflect itself with an increase of traffic and the increase of danger.

It is encouraged for all motorists to drive responsibly by taking the following precautions this Labor Day weekend.

- DO NOT drink and drive. If you plan to consume alcohol, plan to designate a sober driver. This simple decision can, and will, save the lives of many.

- DO ensure that your automobile is fit to travel. This means along with the oil, tire pressure, and other mechanical concerns--Your registration and insurance! Make sure these documents are up to date. There are stiff penalties for not having both forms and it is highly likely your vehicle will be impounded if you fail to show proof.

- DO NOT get distracted when driving. Leave all mobile devices in an unreachable area when occupying the wheel. If you have a passenger, have them navigate the directions for you while you focus on the road.

- DO have a good time! Be safe and responsible and celebrate the smart way!

Contact Criminal Defense Attorney William Chestnut if you face legal troubles this holiday weekend.

The Law Offices of William Chestnut
1625 The Alameda, Suite 400
San Jose, CA 95126
E: williamchestnut@msn.com
P: (408) 298-6990
F: (408) 899-2269
www.lawyersanjose.info
www.williamchestnutlaw.com

DRAG inter-NET

Todayʼs detectives must utilize all of the resources available to them within the perimeter of the law. That perimeter now includes the World Wide Web. In the last 20 plus years, the internet has connected the world like a digital transcontinental railroad. And on that railroad, have sprung up social media sites similar to the rough and tumble towns that were strewn along the limitless tracks of the old rail line. Like many of those towns, social media sites are often frequented by criminals. Criminals who are all too willing to disclose information regarding deeds they had committed...in a public forum.

George Orwellʼs classic, ʻ1984ʼ, depicts a society where, “big brother is watching you”--Never has that rang more true than today. Many times, police will go to the internet to check out a lead, or perhaps confirm and identify a suspect. Like a proud parent wanting to show off their newborn, many people will take to social media (Twitter, Facebook,YouTube) to boast about their exploits; In doing so they will have admitted guilt in print or in some cases the crime itself will be in picture or video form allowing for swift prosecution.

Nearly all members of law enforcement use the internet as a tool to catch suspects. Admission of guilt and placing suspects at the scene of a crime are key components to prosecution. When the suspect is providing those key components voluntarily with digital time stamps et al; law enforcement has the upper hand. If Twitter was around during Elliot Nessʼs time--he would have had it a lot easier.

So the next time you log into your Facebook or Twitter and you decide to post a picture or a comment, remember: BIG BROTHER IS WATCHING YOU.

If you have been arrested for a crime through posting information on the internet, contact Criminal Defense Attorney William Chestnut.

The Law Offices of William Chestnut
1625 The Alameda, Suite 400
San Jose, CA 95126
E: williamchestnut@msn.com
P: (408) 298-6990
F: (408) 899-2269
www.lawyersanjose.info
www.williamchestnutlaw.com