Is San Jose The Safest Big City In America?

There is a crime spike in San Jose right now that has taken the title "Safest Big City" away. Is there a rise in crime? Or is it lack of police or even inefficient policing?

There are a laundry list of reasons one can come up with, but the fact is crimes are committed in every city. Ours happens to have had a spike in burglaries and theft but are far short of the violent crimes that bigger cities such as San Francisco and Oakland have.

So what is the answer? More Police Officers? That costs an extraordinary amount of money to the tax payers. Unfortunately, harsh convictions seem to be the only answer to the problem. Harsh convictions can disenfranchise and even create criminals.

If you are facing criminal charges in San Jose, be warned that harsh sentences are being handed down in an effort to offset the rising crime rate. Again, this rise in crime is in burglary and theft. If you are facing these charges or any other criminal charges in San Jose, call us for a consultation. Don't let prosecutors balance the numbers by padding yours.

Is Your Child Facing Serious Drug Charges?

“Boys will be boys” people often say when a youth engages in mischief. But what if it goes beyond toilet papering a house (which, by the way is an arrestable offense).
But what if it’s worse than that? What if your child is facing serious drug charges? Vandalism? Or the most serious; murder.

When facing the justice system as a juvenile, a few things should be taken into account.
Did the said youth know that what he/she was doing was wrong? Illegal?
The juvenile justice system should seek to rehabilitate and curb behavior rather than punish.
There is a disproportionate amount of minority youths being tried and sentenced for juvenile crimes that when their white counterparts face the same charges, the repercussions are far less.
As is the adult justice system is often imbalanced and flawed, so is the juvenile justice system.

These are scary realities your child will be facing. In some cases they may even be tried as an adult depending on the severity of the circumstances. Don’t let your child go it alone and don’t think because he or she is “just a kid” that they will be treated as such.

Curbing and rehabilitating a youth before he or she reaches the adult prison system is far more successful then trying to do so after they’ve entered the adult prison system. Sometimes a little guidance and patience is what’s needed to turn a youth around. Call us today so we can help steer you on that path. Go it alone and you may see the juvenile justice system is more concerned with moving cases along than rehabilitating your young one.

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.