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.