In the Beginning…the Lawyer Created the Opening Statement.

This is not a line from Genesis, but rather the bible of all attorneys.  My opening statement provides the first impression of your case and shapes the impressions of the jury.  An opening statement forecasts to the jury the evidence they will see and hear during the trial and allows the jury to know what to expect and to be able to understand the evidence when it is presented.

Here are some of the things I will do in my opening statement –

1.  Tell a compelling story

2.  Present some of the facts in a decisive and persuasive manner

3.  Connect with the jurors

4.  Explain our side briefly, but convincingly

It is one of the traits that has put me in good stead in California criminal courtrooms for decades.  I have honed my opening statement skills through time and practice and will bring that expertise to bear in defending YOU!  My name is William Chestnut.  If you are looking for strong, honest criminal defense please call me at (408) 298-6990.

It’s as Old as Adam and Eve.

Domestic violence is even more prevalent in the United States and the state of California these days.  Accusations can ruin a man’s life.  When charges of domestic violence are brought up against you, your attorney must evaluate the police report of the incident and will then formulate their defense.  You will need steady, experienced representation for this.

Here are just some of the questions that need to be asked –

1.  What did you tell police about the incident initially?

2.  Were there any witnesses to your alleged violence?

3.  What was your emotional state when questioned after the arrest?

4.  Are there visible signs of a struggle?

5.  Were you or the accuser under the influence?

These and others are part of the many questions that need to be addressed for your successful defense.  In the San Jose area and the state of California the right choice for a domestic violence defense attorney may very well be William Chestnut.  Bill has decades of experience and you should probably give him a call right away at (408) 298-6990.

Knowing what is and is not a Misdemeanor in California.

The legal world bandies about the terms misdemeanor and felony all of the time.  Don’t get the idea that a misdemeanor is just some minor infraction.  It is, however much less severe than a felony, but it may carry a maximum sentence of up to one year in county jail and result in a fine of as much as $1000.

Misdemeanors fall into two basic categories –

1.  “Standard” with maximum penalties of 6 months in jail and a thousand dollar fine.

2.  “Gross” where the jail time can be doubled and the fine is still capped at a grand.

While a misdemeanor is certainly NOT a felony it can tarnish your reputation for decades to come.  Don’t just accept a conviction for a California misdemeanor.  Hire San Jose criminal attorney William Chestnut to fight for your freedom.  For any arrest on a criminal charge in the Big Bear State count on Bill…William Chestnut of San Jose.  Call (408) 298-6990.

Get Your Hands Off My Stuff!

In the great state of California, someone who commits a property crime may face misdemeanor or even felony charges depending on the severity of the offense.  When the crime involves the unlawful obtainment of another party's property, the severity of the charges and penalties levied against the alleged perpetrator generally depends on the total value of the involved property.

Here are some of the different types of property crimes –

1.  Petty theft…based on a relatively low value of the stolen property.

2.  Grand theft…much bigger of course, where the items or money is more than $950.

3.  Vandalism…deliberate destruction of public property.

4.  Burglary…entry into a building with the express intent of committing a crime.

5.  Shoplifting…stealing goods from a store while pretending to be a customer.

That last one (if we search our souls) have made a lot of us a guilty party at least once in our lives.  ALL of them (and more) could entail jail time and/or fines if you are convicted.  You may need the help of veteran San Jose property offense defense lawyer William Chestnut.  Make the call today, then put your hands in your pockets!  That number is (408) 298-6990.

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.

Fraud…It’s on a Lot of Minds these Days.

With the proliferation of robocalls the term fraud has popped up in the American lexicon a great deal lately.  When your mind turns to the subject of identity theft, you probably picture someone stealing your Social Security number or hacking your email account.  But unfortunately, it’s much farther reaching than that.

Here are some other examples of fraud –

1.  Mail fraud

2.  Driver’s license fraud

3.  Healthcare fraud

4.  Tax Refund fraud

5.  Internet fraud

There are many more of course.  That last entry is a big one for modern society especially here around Silicon Valley.  If you or a loved one has been accused of any type of fraud, please contact William Chestnut immediately.  Bill is a criminal defense lawyer serving the greater San Jose area.  Call attorney William Chestnut the fraud defense lawyer at (408) 298-6990.

Felonies…Misdemeanors…I’m SO Confused!

Let’s set the record straight on the more punitive of the two.  In California a felony is a crime that carries a maximum sentence of more than one year in jail or prison.  The most severe penalty convictions in this state may even be punishable by death.  There may also be a fine of $10,000 assessed to any felony conviction.

Now, there is a possibility that a judge might sentence a felony offender to probation.  If someone is granted felony probation the offender will serve, at most, one year in county jail.  Furthermore, there is a “straight felony” which can be charged and sentenced only as a felony.  Or a “wobbler felony” which can be charged as a felony or a misdemeanor.

I don’t need to tell you that felony charges in the Big Bear State are very serious.  If you or a loved one has been charged with one in our state, please call me immediately.  I am San Jose criminal defense attorney William Chestnut.  Call me Bill, but call me!  We’ll arrange a consultation at my First Street office in San Jose.  That number is (408) 298-6990.

There’s Good News and Bad News.

Generally speaking, that is usually the way things are.  In the latest reporting year of 2017 did you know that violent crime in California was up 1.5%, BUT the levels are comparable to the late 1960’s?  The violent crime rate in the Big Bear State has decreased substantially in the last 30 years and that’s good news!

The Public Policy Institute of California puts it into perspective.  Through 2017 59% of reported violent crimes in California were aggravated assaults, 32% were robberies, 8% were rapes, and 1% were homicides.  Perhaps none of this means much to you…unless you or a loved one has been detained on one of these charges in 2020.

Now, it gets really personal!  If you or anyone you care about is accused of a violent crime in the greater San Jose area please call on me.  I am San Jose criminal defense attorney William Chestnut.  You can call me Bill, but just call me.  Personally, I thought it was a crime that The Sharks let Joe Pavelski get away!  My number is (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.

There’s Gold in Them Thar Hills!

It was an expression used frequently in Northern California in the late 1840’s and 1850’s.  By the time it ended, California had gone from a thinly populated ex-Mexican territory, to having one of its first two U.S. Senators John C. Fremont becoming the first Republican Party candidate for President of the United States in 1856.

The effects of the Gold Rush were substantial.  Outside of California, the first to arrive were from Oregon, Hawaii, and Latin America.  Of the approximately 300,000 people who came to California during the Gold Rush, about half arrived by sea and half came overland.  The forty-niners often faced substantial hardships on the trip, but they felt it was worth it!

Today, the 49rs are mostly confined to the gridiron, but the effect that those original 49rs had on Northern California was forever impactful.  I am proud to be a part of this ever-growing valley.  My name is William (Bill) Chestnut.  For decades, I have been a criminal defense attorney out of San Jose.  To you and your family I wish a Merry Christmas and a Happy Holiday Season.

You’rrre Outta There!

Three strikes and you’re out on the baseball diamond AND in the California court system.  In 1994, California passed a sentencing law colloquially called the “Three Strikes and You’re Out” law.  At the time it was originally enacted, the law established a mandatory sentence of 25 years to life in prison for any defendant convicted of a third felony, or third “strike,” regardless of the nature of the felony.

Finally, in 2012 Californians voted in support of Proposition 36.  It revised the law so that mandatory life sentences would only be imposed for “violent” or “serious” felonies.  For example, if a defendant is convicted of selling or distributing cocaine, heroin, meth-making materials, or PCP to a person under the age of 18, and has two prior strikes, he or she will be subject to the Three Strikes sentencing law.

It may be more lenient than it used to be, but The Big Bear State has a very low tolerance for convicted drug dealers.  San Jose criminal defense attorney William Chestnut knows that the legalization of small amounts of marijuana does NOT clear the way for other drugs!  Call on Bill for vigorous California drug defense at (480) 298-6990.   

Theft or Larceny…a Rose by any Other Name.

They are different words, but they mean the same thing in the State of California.  If you, or a loved one, has been detained on a charge of theft, you have been accused of a crime against property.  Note that Grand Theft can lead to imprisonment of up to three years, or in the alternative, a person can spend up to one year in the county jail.

Theft takes on several forms such as –

1.  Personal property

2.  Money…good ole’ greenbacks

3.  Real property…perhaps land or buildings

4.  The determined value of labor or services

If someone is convicted of theft in California, they could face up to 364 days in county jail and up to a $1000 fine.  Even petty theft (value less than $950.00) can carry a sere penalty.  The time is NOW to contact San Jose criminal defense attorney William Chestnut.  Bill will use his 40+ years of defending Californians against a charge of theft.  Call him today at (480) 298-6990.