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.

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.

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