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.

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.

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.

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.

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.

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.

San Francisco Man Charged With Bike Thefts

A man is facing severe theft charges after allegedly receiving stolen property. The San Francisco man pleaded not guilty to theft charges after being accused of buying or receiving stolen bikes, which police say victims have identified. The man and his attorney say he would take the bikes and refurbish them from people he thought were giving him or selling him the bikes legally. Reports say that authorities aren't sure if the man stole the bikes.

Crimes such as theft can hurt a person's image, and their ability to conduct business. Because police aren't sure how the man obtained the bikes, they may not have proper evidence. Speaking with an attorney might be a wise decision for someone who is in a similar situation.

When a person is facing a crime, it is important that they understand their rights. In this case, the man may have not even known he was committing a crime. Police say the man in this case was selling the bikes online and at a flea market. The man in this case was trying to make a living refurbishing bikes, but instead is being charged with numerous theft related crimes. An attorney can help a person understand their rights and how the legal system works. They can also make sure that all the evidence in a case was gathered legally.

Any illegally obtained evidence could result in a wrongful conviction. This wrongful conviction could, in turn, lead to consequences related to a persons' career, including a person's inability to re-establish their business reputation.

Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 for assistance with criminal defense matters.

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 for assistance with criminal defense matters.

In California, Leaving The Scene Of The Accident Is A Serious Criminal Offense

You're in an accident. Scared and confused, you take off. In California, leaving the scene of the accident is a serious criminal offense that can potentially come with harsh penalties. Once involved in an accident, all drivers involved are required to stop and exchange license and insurance information, regardless of fault. Not doing so could result in a misdemeanor or felony hit-and-run charge.

Hit-and-runs can also occur in single car accidents when a driver leaves the scene after destroying property, such as a telephone pole or parked car.

Make no mistake that a hit-and-run charge is a very serious matter. The state of California will prosecute to the fullest extent, however having competent litigation on your side can result in having charges dismissed or reduced.

If you or someone you know left the scene of an accident without exchanging license and insurance information contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.

The Controversy Over California's Prison Overcrowding

California's prison overcrowding problem has led Governor Jerry Brown to apply sweeping measures to sentencing reform. Due to overcrowding in the state's prison population, drastic measures have been taken to alleviate the problem. Many critics say it is only a temporary fix to a long going problem. California is doing things differently than the rest of the nation.

Nationally, the debate is becoming less a debate and more an understanding from both sides of the aisle that the status quo is not working. The change that needs to be implemented is not in prison reform, rather in sentencing reform.

Attorney General Eric Holder acknowledged that the forty year war on drugs is what has led to the overpopulation to begin with. A huge admission for someone who holds a national office under the President of the United States. He believes that prison should be reserved for violent drug offenders, dealers, and traffickers.

In California, where nearly 10 percent of state prisoners are nonviolent drug offenders, advocates hope to see the state adopt a similar stance. It is said that Governor Brown and the state's Democratic lawmakers have shied away from embracing any policy that would give opponents an opportunity to portray California as soft on crime. While people play political games and jockey for reelection, families are being destroyed over a failed policy that has proven to do more harm than good.

If you have been charged with a crime, Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.

The Early Release Of California's Prison Population

This past Friday, the U.S. Supreme Court denied the state's request to stop the early release of nearly 9,600 inmates by the end of 2013. California has been ordered to reduce its prison population as a result of "dangerous and unacceptable conditions" in 30 of the state's correctional facilities.

In 2011, a federal court panel instructed the state to reduce its prison population after lawsuits deemed overcrowding as the key element in harmful and hazardous conditions. During that time, Justice Anthony Kennedy stated that "needless suffering and death have been the well-documented result. Over the whole course of years during which this litigation has been pending, no other remedies have been found sufficient."

The federal panel found that the medical and mental health care that was provided to California inmates was below a constitutional level, and the singular way to remedy the issue was to reduce overcrowding.

Starting in 2009, the California prison system was ordered to decrease its inmate population from 202% over capacity to a maximum of 137.5%, within two years. To prevent state officials from dragging their feet any further, this past May federal judges threatened to cite the state with contempt if it did not comply with release orders.

The state of California cites public safety as their reason for resisting the release, for fear inmates will commit additional crimes once they are release.

If you have been charged with a crime, contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.

Should I Take The Field Sobriety Test?

When an officer stops a motorist suspected of driving under the influence, the officer will typically ask the motorist to engage in one or more field sobriety tests. These are a dozen or more physical tests that supposedly determine whether the taker is inebriated by measuring coordination, balance, eye movement and/or language/memory skills. The officer who stops a motorist for suspected DUI will often ask the motorist to take several of these tests alongside the road. With any stop by a police officer, you must step out of your car if told to do so. What the officer will not reveal is that, unless under 21, the motorist is free to refuse the field sobriety tests.

Should an adult driver refuse the field sobriety tests at the scene? Yes.

First, most of the tests are of little value in determining sobriety. Studies commissioned by the National Highway Traffic Safety Administration have shown, of the many tests used, only three-the one-leg-stand, nystagmus (eye tracking), and walk-and-turn are effective in determining sobriety. Yet, California law enforcement officers often continue to use other tests, now known to be of little use.

Second, even a sober person can have trouble "passing" field sobriety tests. This is particularly the case when the person is nervous or suffers from physical problems or disabilities.

Third, the tests are administered roadside under less than controlled conditions by a police officer whose subjective opinion alone determines whether the motorist has "passed" or "failed."

Refusing the sobriety tests offered at the scene is to be distinguished from refusing to take a chemical test at the station, if the officer decides (after you refuse the FST's) he wants to take you down to the station to get a sample. If subsequently convicted of driving under the influence, after refusing a chemical test at the station (blood, breath, or urine), the court will consider additional jail time and your license will be suspended for one additional year. It is know as the "implied consent" law. If you are licensed to drive in California, you are duty-bound and impliedly consent to a chemical test to determine if you are under the influence.

If you are arrested on suspicion of DUI and are over 21 you should politely and courteously refuse to take the roadside sobriety tests then contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.

Your Decorum In The Courtroom May Be Critical To Your Case

The state of Florida v George Zimmerman case is currently in the national spotlight. As the case gets underway, the prosecution's star witness is proving to be somewhat of a detriment to the prosecution's case--even though she's the prosecution's witness.

Why reference this current case? Let it be a lesson to anyone who finds themselves in court, facing either side of the judicial system. Whether you are the accused or the state's witness, it is imperative that you present yourself as well as possible.

Especially as a defendant, a jury not only considers your testimony, but they take into account your demeanor, your perceived sincerity, the way you respond to the judge and litigators. It is paramount that you dress appropriately and speak clearly and affirmatively. Many factors go in to deciding one's punishment. If the Judge finds you to be sincere and worth giving a second chance, you may find that to be as a result of proper courtroom etiquette (and a competent attorney).

If you have been charged with a crime, Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.

Be Careful Of Your Right To Remain Silent

The Supreme Court issued its ruling on Salinas v. Texas. In this case, prosecutors used Salinas' right to plead the fifth against him. Salinas was not arrested and not read his Miranda warning. During informal questioning by police, officers claimed Salinas was talkative until he was asked if the shotgun Salinas handed over to police for testing would match the shotgun shells found at the scene of a double homicide. When asked about the shotgun casings, Salinas clammed up.

As many of us know, the first line of your Miranda warning is, "You have the right to remain silent." By remaining silent, you choose to not comment on the situation as not to incriminate yourself. It is the smartest thing you can do when facing criminal charges. Once you've waived that right, you are subject to having your own words used against you.

What happens when you elect to remain silent? As the rights read, "You have the right to REMAIN silent." What is not implied is that you have to orally tell the police that you are going to remain silent. Now, what lawmakers are arguing is that if one does not invoke their fifth amendment right either verbally or through written communiqué, then the prosecution can use their silence as a detriment against them, contradicting the whole idea of remaining silent.

Where this becomes unfair and even biased is in the case of those who don't speak English fluently, suffer from mental or physical handicap, are too confused, scared, incompetent to orally convey their wish to remain silent. Doesn't silence speak for itself? Do we really need to declare our silence to convey it?

More importantly now than ever, if you are arrested or simply called in for informal questioning, do not speak to anyone without having your lawyer present. Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 immediately. After the Supreme Court's ruling, your right to remain silent can now be used as an admission of guilt against you.

What Rights Does My Child Have When Facing Criminal Charges In California?

If your child is faced with a crime and is suddenly in the custody of the police, make sure you and your child know your rights. Just like an adult facing serious charges, a child has rights as well. It is in your best interest to familiarize yourself with law and make diligent efforts to ensure that the police and prosecutors are treating your son or daughter justly.  

In the state of California, when a police officer takes your child to a probation officer at juvenile hall, that officer has a duty to notify the child's parent or guardian.

Your child has a juvenile right to make two phone calls. One to their parent or guardian, a responsible relative, or their employer.
Your child also has a right to make a second call to an attorney.

By law, your child has a juvenile right to make the calls at public expense if the call is local and made in the presence of a public officer or employee. Any public employee who willfully deprives your child of this right is guilty of a misdemeanor pursuant to WIC 627. 

Whenever your child is taken before a probation officer, he or she is required to inform your child and his or her parent or guardian that anything your child says can be used against him/her and that your child has a right to remain silent, have a counsel present during interrogation, and inform the child that he (or she) has a right to have an appointed counsel if your child cannot afford an attorney.

Knowing your rights can be the difference between a life saved and a life wasted. If you or someone you know has a child facing criminal charges, contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 for more detailed information pertaining to your California juvenile case.  

Information Regarding My California Drug Possession Case

When facing drug possession charges it is important to know how the law will regard you. Everything depends on how much you were caught with and how it was packaged. Unfortunately for the arrestee, this can be an overly broad assessment of what your intent was. For example, if you were arrested with an ounce of marijuana in one bag, the charges would be far less severe if the same amount were split into three bags. With individual bags, you're facing possession on top of intent to distribute. Now, the law regards you as a drug dealer, even though you broke it up into three bags to keep in three different places for your own personal use. 

The California Health and Safety Code also separates offenses related to controlled substances formerly classified under state law as narcotics or "restricted dangerous drugs" from offenses related to marijuana. California laws also establish separate offenses related to phencyclidine (PCP) and methamphetamine.

A prosecutor can charge a defendant with simple possession when the defendant possessed one of the substances listed under the Health and Safety Code. The state has the authority to punish drug-related offenses according to Section 1170 of the California Penal Code, a prosecutor may charge a defendant with "possession for sale" or "purchase for the purpose of sale" if the state believes that the defendant intended to engage in drug dealing. In addition, California law criminalizes the possession of specified ingredients that can be used to manufacture illegal substances such as PCP or methamphetamine.

Drug charges are very serious. Don't face it alone. Competent legal counsel can be the difference between community service and San Quentin. Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 for more detailed information pertaining to your California drug possession case. 

Sue Reams, California's Three Strikes Law

Since November's 2012 election, more than 240 people serving harsh sentences under California's Three Strikes Law have been released, and many more are expected to be released in the future. This is a step in the right direction in reducing our nation's prison overpopulation epidemic. This unjust law sent many to prison to serve 25 years or more for drug offenses or small petty crimes. The effort was intended to reduce the out of control gang problem of the 90's. What it did was create a very discriminate dragnet to those who reside in or around gangland--which is every impoverished neighborhood in California.

One person we can thank for overturning this heinous law is Sue Reams. Sue campaigned to change California's Three Strikes Law and help set free her son, Shane Reams, free. Her son, was sentenced to a minimum of 25 years in prison for being involved in the $20 sale of crack-cocaine. A drug far less pure than cocaine and far more punishable by law. When news of her son's conviction hit, she went into action. She began to campaign to have the Three Strikes Law overturned. She campaigned vigorously, writing senators and members of congress, petitioning, attending hearings, doing anything she could to bring attention to this imbalance. Change didn't come overnight, however.

Sue Reams' son, Shane, served 17 of his 25 year minimum sentence. During his time in prison, Shane was forced to join a prison gang. He saw and participated in things he should have never been exposed to, especially in our prison system. A better fit for Shane's situation would have been sentencing Shane to a drug counseling program in lieu of a lengthy prison sentence. This is the argument Sue has campaigned on for 17 years. Finally, during the fall of 2012, her prayers were answered.

Today, drug counseling programs and gang prevention programs will have their chance to take a bite out of crime. Dealing with the source of the problem, rather than the problem itself, can produce fruitful results in the form of rehabilitated and functional members of society. This will hopefully result in less prisons and prisoners.

Click here to listen to Sue's interview with NPR as she talks about her impressive mission and victory. Contact San Jose Criminal Defense Attorney if you have been charged with a criminal matter.

More Detailed Information Regarding My California Drug Possession Case

FEDERALLY

If convicted on drug possession charges, you are facing a wide gamut of penalties at sentencing, varying from state to state. Penalties for simple possession can range from a fine of less than $100 and/or a few days in jail to thousands of dollars and several years in state prison for the same offense. Simple drug possession sentences tend to be the lightest, while intent to distribute drugs or the manufacturing of drugs carry much heavier penalties. Prosecutors sometimes offer plea deals to defendants who may be able to help them with a higher-priority investigation, perhaps leading to the arrest of an organized crime leader and/or dismantling a cartel.

LOCALLY

Federal lawmakers enacted mandatory minimum sentencing guidelines for drug offenses in 1986 in an attempt to target high-level distributors. However, these minimum sentencing guidelines also impact lower-level drug defendants. Most states have adopted a similar approach to drug sentencing. These fixed sentences are based on the type of drug, the weight of the drug, and the number of prior convictions. Kentucky, which has adopted similar mandatory minimum sentencing guidelines, has some of the toughest provisions. For simple possession, first offenders in Kentucky get two to 10 years in prison and a fine of up to $20,000. In contrast, here in California, we have some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. We realize there are much bigger fish to fry!

DRUG COURTS

Many states have instituted what are known as drug courts, which are programs for felony drug defendants overseen by a judge who aims to rehabilitate the defendant (often repeat offenders) instead of taking the case to trial. Judges have substantial control over the operation of drug courts. A drug defendant who agrees to drug court spends roughly 12 to 15 months attending treatment sessions and undergoing random drug tests while appearing before the drug court judge on a regular basis. Those who fail to appear in court or fail drug tests are arrested and often given a brief jail sentence. But the idea of lengthy sentencing for repeat drug offenders is becoming a less popular solution. A "nudge from the judge" is sometimes exactly what some people need.

SENTENCING

Factors that influence penalties for drug possession -- aside from mandatory minimum sentences -- include a defendant's past record, the amount and type of drug. Some states have effectively decriminalized possession of marijuana, making it a simple infraction (not unlike a traffic ticket), while possession of crack cocaine once carried the harshest penalties in most states. Depending on a given state's sentencing rules, judges have a certain degree of discretion and can impose sentences ranging from fines, community service hours and probation to lengthy prison sentences.

Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 for more detailed information pertaining to your California drug possession case.

You Have The Right To Refuse A Breathalyzer Test

As the weather gets warmer and the days grow longer, a familiar scene is taking place all over America's vacation destinations. Spring Breakers are converging on every locale from the mountains to the beach. With that influx comes an increase in DUIs.

If you or someone you know has had a DUI, then you know what a costly and taxing ordeal it can be. Your spring break can go from a dream-like oasis to a nightmarish hell.

When people see the red and blue lights in their rear-view mirror they are often times so petrified with fear that they immediately start giving away their rights. Generally, the thought is if they are courteous and compliant with the officer then they could perhaps charm, or lie their way out of it. That's a big mistake. Yes, you should always be courteous and respectful to any peace officer. However, they are not there to make friends or even to cut you a break.

If you are accused of drunk driving, the arresting officer will ask you to perform a field sobriety test. Don't do it. It is your right not to and you should exercise that right. Also, you have the right to refuse a breathalyzer. Refuse it. This is another attempt to essentially try and convict you on the spot. Simply and respectfully decline. They will arrest you and they will impound your vehicle, but now you have a leg to stand on. You haven't provided field evidence that can be far more damning than any tests they subject you to when you get to the station.

It is not an ordeal anyone wants to go through. The best way to avoid a DUI, obviously, is through abstinence. But, reality has proven that the best of us still get caught up in the worst of scenarios. Just remember, if you do get caught up in one of those scenarios--Clam up and lawyer up.

Contact San Jose DUI Attorney William Chestnut at 408-298-6990 if you have been arrested for a DUI.

Take The Initiative To Resolve An Outstanding Arrest Warrant

Do you think you have an outstanding warrant and are too scared to ask the police? Understandably so. Your first option in obtaining this information should be by conducting an online private search over the internet.

Another option is to visit the court house in the county you believe the warrant was issued. One way to obtain this information is to go in person to the court house and ask for the records department. Be mindful, this method can be very time consuming and inconvenient since typically the court house is only open during normal working hours. Also be advised that this method can also pose some risk for whom the warrant was issued since the individual may be detained by legal officials on the spot. To avoid this, utilize the online court system to get a complete background check and criminal history report.

Once you find out you have an outstanding warrant the best way to deal with it is to obtain legal representation. Taking the initiative to resolve the matter looks good in the eyes of the court. Your defense attorney may even be able to have the warrant recalled or quashed.

Whether the properties of the outstanding warrant are criminal in nature or simply a bench warrant, it's always in your best interest to contact a criminal defense attorney that is well versed in these matters so they can advocate on your behalf. It could be the difference between spending days behind bars or spending time with your family.

It should be noted that once an arrest warrant is issued there is no statute of limitations. This means that the warrant doesn't expire and an individual can be apprehended at any time, anywhere. This isn't a problem that will go away. Every time there is an officer behind you, on foot or on the road, you run the risk of being thrown in jail.

That's no way to live! Take care of your warrants TODAY. Contact San Jose Criminal Defense Attorney William Chestnut at (408)298-6990 for legal defense on your outstanding warrant.

Marriage Partners Have Used Devious Methods Involving Child Custody

Divorce, by many, is considered comparable to death. It taxes us emotionally, mentally, spiritually, and financially. In the midst of it, partners have been known to use devious and underhanded methods in cases involving child custody. Such extents have been sought to falsify documents claiming harm and/or abuse was brought on by the other partner when in fact, it wasn't. In the event of such cases, a person's reputation within the home, community, and work place can be destroyed. A criminal record will impede and impair your possibility of obtaining gainful employment for the rest of your life. All for something that wasn't true.

If you have been falsely accused of abuse, whether it was for spousal or child abuse, or a false restraining order has been issued against you, note the following steps.

1. Hire a competent lawyer who knows what to do in such situations in order to preserve your good name.

2. Contact the clerk of the court and/or judge's office which issued the order, find out if there's going to be a hearing (or file+serve a motion to dissolve and set a hearing), and then get your witnesses to the hearing, using subpoenas, if needed.

Don't wait for a miracle. Gambling with your freedom is ill advised. Often times, a mere suggestion of violence to a judge on behalf of a woman will issue immediate action against the accused. Don't let your character be destroyed. If you are facing false allegations or a restraining order, contact San Jose Criminal Defense Attorney William Chestnut today for a free consultation at (408)298-6990.

The Reduction Of Juvenile Incarceration

Can reducing juvenile incarceration decrease crime? When it comes to jailing juvenile offenders, the United States incarcerates a disproportional amount of youths compared to other industrialized nations. The juvenile crime rate is higher in the U.S., which tells us simply locking up our youth is not the answer.

There are many different types of detention facilities around the country who claim they are there to reform troubled kids. Statistics show that in most instances reform isn't exactly what is happening. Juveniles are exposed to deplorable conditions and humiliating treatment from staff and other inmates. After enduring this treatment they become conditioned.

Many other industrialized first world nations wouldn't dream of incarcerating their youth. There is still hope for a child. With the right guidance and discipline many, if not, most can be rehabilitated. Building character, trust, and getting to the root of the child's behavior with medical, psychological, and spiritual tutelage are more common practices abroad. In the United States we inhibit those possibilities by suggesting that the child is a criminal and needs to do "hard time." Some studies have revealed an increased propensity for violence among youths as a direct result of juvenile incarceration.

For more extensive information regarding the incarceration of youth, read the Annie E. Casey Foundation's report: The Case For Reducing Juvenile Incarceration: No Place For Kids.

If your child is facing legal action, you are not alone. Act quickly to preserve your child's future by contacting San Jose Juvenile Defense Attorney William Chestnut at (408)298-6990.

Is Your Child Facing Criminal Charges?

If your child has been accused of a crime in the state of California, it is of the utmost importance that you understand how crucial it is to take appropriate measures to ensure that your child's future is not jeopardized. It can be an overwhelming ordeal when the police contact you to tell you they have your child in custody. It's devastating for both the parents and the child. Don't go it alone. Your child's future can be saved or sabotaged simply by words spoken. Enlist in the experience of a knowledgeable Criminal Defense Attorney who understands the legal wrangling of the juvenile court system and can work with the court to preserve your child's future. It can be the difference between your child attending Penn. State or the State Pen.

Don't bet on the courts being lenient just because your child is young, or because it's their first offense. Often times the courts will prefer to rehabilitate youthful offenders but if there are multiple instances involved, or violent circumstances, the court may find it more advantageous to seek the fullest punishment allowed by law-- without regard who's ‘baby' they're jailing.

Remember that you are not alone in these circumstances. Many youths find themselves in trouble with the law for a myriad of reasons. It's possible that they got mixed up with the wrong crowd. Perhaps it was a momentary poor choice or a lapse in judgement. Many kids straighten up and fly right after a brush with the law. You can bet that the ones who did, did so with the assistance of an experienced Juvenile Defense Attorney. Preserve your child's future by contacting San Jose Juvenile Defense Attorney William Chestnut at (408)298-6990.