Expunge Thyself.

It starts out like a line from Shakespeare, but means a great deal today in the California legal system.  An expungement proceeding occurs when an offender of a prior criminal conviction seeks that the records of that earlier process be sealed, making the records unavailable through the state or Federal repositories. Unfortunately, sealing of records was rescinded by statute in California in 1982. Expungements now refer to ‘record clearances’.  A record clearance withdraws the guilty plea of conviction, and substitutes a not guilty plea in its place. This allows the client to legally declare to prospective employers that yes, he was arrested, but that was not guilty of the charge and the case was dismissed.

Some prospective employers are wise to this, but by law are not supposed to discriminate against prospective employees having gotten this remedy. Many of the big corporations hire investigators to examine court records and pull the original arrest report. Unfortunately, this remedy, as well as reducing the charges to misdemeanors, are all that can be done for non-prison cases.

There is a very real distinction between an expungement and a pardon.  When an expungement is granted, the person whose record is expunged may, for the most part, treat the event as if the conviction never occurred.  A pardon does not erase the event, however it does constitute “forgiveness”.  Mostly, pardons are granted by the California governor.

Getting an expungement is very real…and VERY possible!  This is especially true if you have California expungement attorney William Chestnut fighting for your side.  Find out more about this process and if it applies to you by contacting Bill Chestnut.  He fights for your cause from his office located in San Jose.  Call him at (408) 298-6990.

Proposition 47 and 57.

That may not mean much to you, but let us explain.  Proposition 57 allows nonviolent inmates to petition for earlier release and participate in rehabilitation programs.  All releases still need approval from the parole board.  Proposition 47, meanwhile, reduced some crimes from felonies to misdemeanors.  They were passed in 2016 and 2014 respectively.

A new ballot measure which will be voted on in 2020 would shorten the list of who can seek earlier parole and reclassify some theft crimes from misdemeanors to felonies.  It would also expand the number of crimes where DNA is collected, a list that was limited when some crimes went from felonies to misdemeanors.

Of course, we hope that none of this will affect you or your family this upcoming year, but it is good to be aware of it early.  If you or a loved one is arrested on a criminal charge keep your vision 2020 this new year and immediately contact San Jose Ca criminal defense attorney William Chestnut.  Prosecutors know…you can’t crack this chestnut!  Call (480) 298-6990.

Gavin Newsom Please Hear my Plea!

If you did not know, Gavin Newsom has taken over for Jerry Brown as the governor of California.  In case you were not aware, if you have been convicted of a felony in the Big Bear State AND since your conviction you have had no further criminal charges or convictions, you may be eligible for a pardon from the governor of our state.

Here are a few steps in applying for that pardon –

1.  A Certificate of Rehabilitation is an order that can be issued by a Superior Court judge.

2.  You may obtain an application packet for a Certificate of Rehabilitation.

3.  Perfectly complete that application.

That last part will be much easier if you retain the services of San Jose criminal defense attorney William Chestnut.  Bill has been helping the convicted felons of California properly prepare and submit a Certificate of Rehabilitation to several different governors over his four plus decades of service.  Call William Chestnut and see if you qualify at (408) 298-6990.

Why Does Summertime Bring out the Worst in Some People?

Maybe it’s the heat, maybe it’s too much time on some people’s hands, whatever it is there is evidence that violent crime is on the rise in the Summer.  Remember this…always, always contact a lawyer if you are suspected of or have been arrested on the suspicion of having committed a violent crime in California!

It may be a charge of assault with or without a weapon.  Perhaps the charge is rape which has received heightened awareness these days.  There are weapons charges of different types carrying a variety of penalties.  Then there is always theft and robbery and all of the different machinations that those two charges entail.

For well over 40 years William Chestnut, a San Jose Criminal Defense Attorney has defended those accused of a violent crime throughout California.  He has handled just about every type of criminal case during that time.  Call Bill immediately if you or a loved one has been accused of a violent crime at (408) 298-6990.

What Makes a Good Criminal Lawyer?

It is a question that may determine the future freedom of you or a loved one.  There is a big difference between the actions of a personal injury, a civil, a divorce, a bankruptcy and a criminal attorney.  It would seem logical that when you look for the best criminal lawyer you are looking for someone practices that branch of the law…and ONLY that!

Here are some things to look for –

1.  Investigation…thoroughness is always the key.

2.  Negotiation…one who knows everything about his client and applies it in negotiations.

3.  They challenge everything that they can.

4.  Winning records…in the end that is all that matters!

San Jose criminal attorney William Chestnut checks all of the boxes.  When he tackles your case, he does so with the idea that you will both come out of this as winners.  The most important thing is that you can get your life back.  If you or a loved one has been arrested and charged with a criminal offense in California call Bill immediately at (408) 298-6990.      

Who is William Chestnut?

Go ahead, Google him.  You will find this review written about him by The Law Firm Overview…Attorney William Chestnut is an aggressive trial attorney, but is also someone you can trust and easily talk to. Prior to founding the practice, William Chestnut was a probation officer, and encountered a number of people who he believed had been mistreated by the system.

By the way, Bill is bi-lingual.  Just visit his website at williamchestnutlegal.com and read for yourself.  As you would expect, Attorney Chestnut is committed to strict confidentiality.  What is said in his office stays in his office.  He has the time AND the desire to conduct a complete investigation of your case.

It all adds up to one thing, San Jose criminal defense attorney William Chestnut is committed to the accused of Santa Clara County and the surrounding area.  Since California is such a diverse state, Bill covers a diverse area of criminal law.  Check out his website at williamchestnutlaw.com, then give him a call at (408) 298-6990.

Reasons to Hire a Smaller Law Firm.

Are you tired of tuning in to Judge Judy or the local news and seeing attorney ads?  I think everybody (except maybe “the stars”) are tired of them.  Would you hire a huge law firm that may pass you off to an associate that has months of experience in the legal profession?  Many people around San Jose have done that much to their chagrin.

I am William Chestnut and here is what I pledge to you –

1.  I listen carefully

2.  Always keep what you say confidential

3.  I will take your calls and return your emails

4.  A thorough investigation of your case will be done by ME

Just one more thing, I will fight like a bulldog to defend your side and win your case.  I take each and every client very personally.  That is what you get with William Chestnut.  I am a criminal defense attorney serving the area around Santa Clara County and I was born in San Jose California.  Let’s meet for a free consultation.  Give me a call anytime at (408) 298-6990.

Cabin Fever Turned Ugly.

This time of year, many of us spend more and more time indoors even in the San Jose area.  When that happens familiarity can breed contempt.  Things can quickly escalate, and a verbal row turns into some perceived criminal act.  It is the ultimate he said/she said, and you had better have a sympathetic ear if you are arrested for domestic violence.

These days, California police have a low tolerance for such matters.  Excessive force, assault, battery, even kidnapping can result from such uproars.  There are often three sides to the story.  Your side, the other side, and the truth!  Until it happens to you it seems like a non-reality that could never occur in your household.

If you have been charged with domestic violence or assault, in the San Jose area you need a defense attorney who will listen to YOUR side of the story and make sure your rights are protected.  San Jose criminal defense lawyer William Chestnut has been protecting the rights of the accused for well over 40 years.  Call Bill 24/7 for a vigorous defense at (408) 298-6990.

New California Criminal Laws in 2019.

As Jerry Brown wraps up his 2nd tenure he is putting his signature on some new state laws.  Some will have an impact on those who get arrested, on our youth, and those charged with marijuana offenses BEFORE marijuana was legalized.  Perhaps the most widely reviewed is the law that eliminates cash bail in California slated to take effect in October 2019.

California will become the first state to completely abolish cash bail, replacing the existing money bail system for one that evaluates a suspect for the likelihood of not appearing in court or be a risk to public safety. The goal is to create greater equality in who is held in jail awaiting trial, because it would not favor those who can afford to post bail. The appellate court has ruled that the state’s cash bail system is unconstitutional.

This is a watershed change in how suspects are treated in The Big Bear State.  It is just one of several new laws that will take effect in 2019.  A big new change has an impact on accomplices in murder cases.  Don’t try to learn all of them.  Attorney Bill Chestnut already knows them.  If you are accused of a crime in San Jose or the surrounding area, call Bill at (408) 298-6990.