The Ramifications of a DUI

What are the financial, lifestyle, and legal ramifications of a DUI?  Assuming it is a first–time offense and there are no additional charges or aggravating circumstances, you should prepare for the following:

1. Your driver’s license will be suspended for 30 days and you will be faced with administrative fees to the DMV to have it reinstated.

2. You will be ordered to pay a fine up to $1000 plus court costs and administrative fees.

3. You will receive a jail sentence of two days to six months, or community service if you are lucky.

4. You will be ordered to attend DUI School which you would have to pay for.

This is just part of the nightmare of getting a DUI.  Good people sometimes make bad decisions.  You have put yourself and others in jeopardy, but you should be able to get on with your life.  To make sure of that outcome, please call San Jose DUI attorney William Chestnut at (408) 298-6990.  Bill has defended thousands of clients for over 30 years.  Trust him to handle your case efficiently and aggressively.  

Use Extra Caution When Driving or Walking During December.

More than 700 people nationally are expected to be injured or killed each DAY during December in drunken driving crashes alone, a rate two to three times higher than the rest of the year, according to the centers of Disease Control and Prevention.

If you could turn back the clock you would not have had that extra drink.  You would not have crossed the street while looking at your cell phone.  You would have taken an extra second to look both ways before turning into traffic.

Regardless of whom is at fault in these holiday season catastrophes you need the best representation possible if you are accused in any type of accident where you are deemed at fault.  It can literally be the difference between freedom and incarceration in 2015 and beyond.

You may rely on the Law Office of William Chestnut for aggressive representation against any criminal charge of which you may be accused.  This is already a stressful and difficult time.  Put your trust in William Chestnut and give him a call at (408) 298-6990 to handle your case anywhere in the San Jose California area.

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.

Don't Drink And Drive This Fourth Of July

The Fourth of July is upon us again. In San Jose, outdoor activities are at their apex and so are the alcoholic beverages consumed by the patriotic revelers.

Unfortunately, the holidays are a deadly time to be on the road. Every year, hundreds of Americans die as a result of alcohol-related car crashes. The Fourth of July has repeatedly ranked as the deadliest holiday of the year -- even deadlier than New Year's Day.

The National Highway Traffic Safety Administration (NHTSA) has been tracking car crash statistics for a quarter of a century. Fourth of July almost always tops the list. Statistics gathered over the past 25 years show that, on average, nearly 51 percent of all deadly traffic crashes on July 4 are related to alcohol - although that percentage varies from year to year. Other holidays on the list include Labor Day, New Year's, Memorial Day, Thanksgiving, and Christmas.

The NHTSA research has consistently shown that more people are killed in crashes that involve an alcohol-impaired driver on the weekends and at night. In 2008 alone, 58 percent of drivers and motorcycle riders were killed in alcohol-related crashes that took place over the weekend and at night. But no matter what day it is, most crash fatalities occur on two-lane roads. Also, more people die while driving in rain compared to snow or sleet.

So now that we have your attention, think twice before you engage in such activities. But, if you or someone you know happens to get a DUI this Independence Day, be fully aware that you will be facing severe penalties that will make you wish you heeded the warning. If you have been arrested for a DUI, contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 for assistance with your San Jose DUI matter.

The Distinction Between a Career Criminal and a Drug Addict

Drug use in America has skyrocketed. Some attribute it to the drug companies reintroducing the public to opioids and other horribly addictive drugs that will make the most pious person turn into a full blown addict.
Along with an addiction comes a physical and psychological need to get more... By any means necessary. Often, crime is the choice. When deep enough in the throws of addiction, one may or may not be able to decipher right from wrong. Crime then becomes not an option but an only resort.


There are repercussions for breaking the law, but theres also a distinction between a career criminal and a drug addict. The law unfortunately doesn't make that distinction. Which is why sentence reform is needed. The war on drugs was about as successful as the Vietnam War. A lot of people have died and no progress has been made.
If you or someone you know has been charged with drug possession, use, abuse, sales, etc. Give us a call today. The justice system doesn't care about your reasoning for committing crime, but we do.

Hire a San Jose Criminal Attorney to Handle a Criminal Case.

When someone is charged with criminal spousal abuse charges relating to an argument involving domestic violence in the State of California, there are two common charges that they face in a criminal court. Those charges are corporal injury to a spouse, which is charged a felony crime or spousal battery which is generally charged as a misdemeanor crime. In this blog, we will discuss those two possible charges and will focus on certain issues that I have seen arise in various criminal cases that the Law Offices Of William H. Chestnut have handled involving criminal charges stemming from domestic violence.
Understand however, that every case is unique and that only an experienced criminal lawyer who is familiar with the facts of your case can properly advise you regarding your criminal matter. That is why if you or someone you love is facing criminal charges, the best thing that you can do for that person is to hire a San Jose Criminal Attorney to handle the criminal case. Going it alone can and will leave you at the mercy of the justice system which isn't very merciful when dealing with an accused domestic abuser.
Don't let the courts stigmatize you. We will fight for your freedom and good name. Call us today for a consultation.

Whom To Call If You Are Arrested In San Jose For A Dui.

Spring is here and Californians are migrating to the beach to cool off. A tradition as old as the Santa Ana winds. With that also comes an increase of drunk driving.

You spent the day at the beach drinking a few beers and soaking up some rays. A couple of hours go by and you think you’re fine to drive. The breathalyzer you are given on PCH begs to differ. You just won a 10,000 dollar debt and jail time... How do you feel?
Probably pretty scared. Luckily, our competent attorneys are well versed in California’s strict DUI laws and will comb through your case to find any and every discrepancy from law enforcement, jailers, judges, prosecutors, et al.

The law isn’t perfect. Neither are those who enforce it--which is why we try to be. If you have recently been arrested for a DUI, give us a call yesterday. Time is paramount. Don’t let the legal system treat you like a bingo ball. Bouncing around an encasement hoping your number gets called so you can get out. Don’t take your chances. Give us a call. We’ll pull your number and get you out so you can get back to the business of living.

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.

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