Crime Comes in all Shapes, Sizes, and Colors.

With all of the news we have been experiencing lately you might begin to believe that we are living in a society ruled by anarchy.  America is the world’s test tube of how different races, creeds, and cultures can come together in harmony.  Lately, with all of the discord don’t think that California’s third largest city is immune.

To continue functioning as a society quality law enforcement is a must, but not brutality…and certainly not vengeance.  The San Jose area is a melting pot of diversity. 

Interpretation of the way law enforcement is handled is the job of the courts.  Now, more than ever, you need the best possible representation if you are accused of a crime. 

For the very best criminal legal representation in the San Jose area contact the law office William Chestnut in San Jose.  Call him now at (408) 298-6990.  The interpretation of crime and punishment may be changing dramatically in our country.  Your future freedom is too important to leave to chance.

New Year’s Eve DUIs

Did you or someone you care about really mess up on New Year’s Eve?  Last year the California Highway Patrol reported that traffic deaths and drunk driving arrests were up statewide compared to the previous year.  As a matter of fact, DUI arrests were up approximately 33% from 2013 to 2014.  You would think that everyone has learned their lesson by now.

But enough of the preaching.  If you have not exercised caution during the holiday season then you must exercise common sense in the New Year.  It may be you or a loved one, but whomever it is they will need aggressive representation when they go to court to defend themselves against that holiday DUI or other criminal charge.

Society has become less tolerant of DUI drivers, so if you need representation call someone who has 38 years of experience defending the rights of the accused in California.  So whether it was a drunk driving charge or some other criminal charge during the holiday season call San Jose area criminal attorney William Chestnut today.  Attorney Chestnut is dedicated to personal service, trust, and hard work.  Give him a call at (408) 298-6990 and make an appointment to consult with him at his new office at 4020 Moorpark Avenue, #214 in San Jose.

Domestic Violence During the Holidays.

Domestic violence is a growing problem during the holidays as it is every year.  There is so much increased stress with gift giving and family gatherings.  When all is said and done sometimes the wrong thing is said to the wrong person at the wrong time and anger erupts.  Sometimes a family gathering is like fish if it is left sitting out too long- it goes bad!

If alcohol and drugs are added to the mix things can go wrong very quickly.  The more people that are involved the more witnesses and interpretations there will be.  We hope that none of this applies to any type of gathering that you will be a part of during this holiday season.  Use discretion and walk away from any potential confrontation.

If you are involved in a misunderstanding that leads to domestic violence this holiday season please reach out to San Jose Criminal attorney William Chestnut.  For more than 35 Christmas seasons he has helped people from throughout the San Jose Valley with vigorous defense in all types of criminal cases.  Give him a call at (408) 298-6990.  Have a safe and wonderful holiday season from the law office of William Chestnut.

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.

Someone Willing To Fight For Me On A Sex Offense Charge.

A sex offense charge can carry with it not only a harsh penalty, but an unshakable stigma. Unfortunately, our laws make anyone who has had a sex offense register as a "sex offender". When people hear: "sex offender" they are inclined to place all sex charges under the same umbrella. This can not only inhibit your ability to gain or maintain employment for the rest of your life. It will also inhibit or render impossible the ability to obtain a residence.

Whatever your sex offense charge may be, The Law Offices of William Chestnut are willing to fight for you. Don't let a stigma ruin your future. Going it alone will guarantee a bleak future. We aren't here to judge, we're hear to ensure that ALL of your rights are protected. Our attorney's will fight for you and your future.

If you or someone you know is facing sex offense charges, give us a call NOW. Time is of dire importance. Don't let the legal system chew you up, spit you out and then stigmatize you.

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.

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.

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.