An Increase in Crime During the Holidays.

The holiday season seems to create more crime.  Maybe you needed extra money for presents or you just felt a sense of hopelessness at this time of year.  Needless to say this season comes with an excess of DUI’s as well.   A combination of celebration and seasonal depression can lead to a spike around the holidays, but the result is the same if you find yourself facing a DUI charge.

In San Jose, if you are arrested for a criminal DUI, there are certain steps you can take to help avoid a conviction.  Everyone knows that driving a vehicle under the influence carries serious consequences.  The authorities do not care that you were celebrating a company party.

The first step is consulting with San Jose Criminal Defense Attorney, William Chestnut. He has defended citizens for over 35 years and knows that no two cases are alike.  Because of his experience he is qualified to understand the local rules and regularly works against the attorneys at the District Attorney's office. His extensive legal experience and familiarity with the process will be vital to your criminal defense.  You must never face this alone.  Call Attorney Bill Chestnut today at (408) 298-6990.

Don't Ever Talk To The Police Before Talking To An Attorney

 When you choose a criminal defense lawyer, choose one who:

• is committed to strict confidentiality
• will take the time to listen, return your phone calls, and give you honest, practical advice
• will perform a thorough, independent investigation of your case
• has the experience, skill, and positive professional relationships to be a strong advocate for you with police and prosecutors
• has the ability to formulate a defense that will capture the attention of jurors

Attorney Chestnut is dedicated to just this type of personal service, trust, hard work and powerful advocacy.

Located two blocks south of Taylor/Naglee near I-880, William Chestnut's law offices are open weekdays from 9:00 a.m. to 5:00 p.m. Weekend appointments can be arranged, and attorney Chestnut is available to meet with you in jail. The firm accepts Visa, MasterCard, cash and checks as payment for its services. Contact the Law Offices of William Chestnut today to arrange for a free initial consultation.

Call for a free consultation immediately. (408) 298 - 6990 (24/7).

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.

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.