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.

Pardon Me…Please.

In polite society that seems fairly simple.  When you have been convicted of a major crime in the State of California that pardon takes on a whole new meaning.  If you have a felony conviction and since then you have had no further criminal charges or convictions, you may be eligible for a pardon from the governor.

Here are a few things you need to apply –

1.  First, determine if you are eligible.

2.  Obtain the proper application packet.

3.  Complete the application thoroughly.

4.  Hire an experienced criminal attorney to make sure it is all done right.

There is no getting around that last point.  This is WAY to important to take chances!  If you believe that you may successfully qualify for a pardon in California please call on the assistance of San Jose Criminal defense attorney William Chestnut.  He is imminently qualified to help you through the process.  Just call (408) 298-6990.

Did You or Someone you Care about Violate Penal Code Section 273.5?

California Penal Code Section 273.5 is the most commonly charged domestic violence related charge that deals with corporal injury to an individual who is or who once was an intimate partner of the accused.  Remember this…some women and men who are accused of domestic violence are actually victims of domestic violence!

Here are some things to know about the elements of 273.5 –

1.  Did the act lead to a traumatic condition?

2.  Was it an intentional act?

3.  How is an “intimate partner” defined?

4.  Was the defendant falsely accused? 

There is the rub.  Even in this “me too” world, thousands of people are being falsely accused of domestic violence.  Were you one of them?  Please call domestic violence defense attorney William Chestnut right away.  He practices out of San Jose CA and serves all of the surrounding area.  Just give Bill a call at (480) 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.      

Filing a Petition for Expungement.

Being charged with a crime in California is by no means a pleasant experience.  Not only are you facing potential fines, jail time, appearances in court, but damage to your reputation as well!  Because you are a resident of The Big Bear State you have an advantage.  Individuals with criminal records could “clean the slate” through expungement.

Now, this does not mean that your record is clean.  Instead, your guilty plea or conviction will be withdrawn and replaced with a permanent plea of not guilty.  What happens next?  The case is then dismissed as if the conviction never happened in the first place!  As you may have guessed, not every conviction qualifies for expungement.

To find out more about filing a petition for expungement contact San Jose criminal lawyer William Chestnut.  Attorney Chestnut has been dealing with this tricky nuance of California law for many years.  He will help you navigate these waters.  Give Bill a call today to discuss expungement 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.

Youuu're Out…or Are You?

In baseball, if the umpire calls strike three…you’re out.  What about in the State of California?  It’s the famous “three strikes” law which was introduced in the mid-'90s amid a violent crime spree, where a defendant convicted of a felony who had two or more prior felonies would automatically receive 25 years to life.

Then, in 2012 came Proposition 36 which –

1.  Revised the law to ease the punishment when the crime was not violent

2.  Re-sentencing when there appears to be no risk to public safety

3.  It now depends on what the first two crimes were about

You don’t have to know all of the nuances of the “three strikes” law because San Jose criminal defense attorney William Chestnut does.  Bill was practicing in California when the law was first enacted in 1994 and when it was revised in 2012.  He will vigorously defend your rights if you are a three-time offender.  Call the law office of William Chestnut at (408) 298-6990.

Sticks and Stones.

The old adage says that sticks and stones may break my bones, but words will never harm me.  However, as it pertains to a criminal trial, what the jury perceives may make all the difference in the verdict that they render.  All human beings have preferences for one thing or prejudices against another.

Both conscious and unconscious biases influence juries in criminal trials.  We know that a trial should be decided on the facts, how people see one another and how they interpret the facts can differ dramatically based on their individual biases.  Jurors who have seen the exact same evidence often disagree about the appropriate verdict.

Knowing that is one of areas of expertise that San Jose Criminal Defense Attorney William Chestnut brings to the table.  Having practiced in the Big Bear State for more than four decades he knows a great deal about the perceived biases of California jurors.  Call Bill today for vigorous criminal defense 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.

The History of Criminal Justice in America.

When early colonists first came to America, the group did not include trained lawyers (insert joke here) or other law-knowledgeable persons. Many parts of the criminal justice system in colonial America were similar to those in England and France.  Colonial America operated on the basic idea of the British common law system.

The legal process of trials in colonial America was quite different from the modern one in many ways.  An interrogation of the accused was usually held in the magistrate’s own house with a few marshals or deputies as witnesses. However, during this step in the procedure, no lawyers were involved on behalf of either party.

How very different things were!  Today, if you or a loved one are accused of a crime in Central California you can call on one of the best to defend you.  San Jose criminal defense attorney William Chestnut will vigorously defend YOUR side.  From Bill and his family and friends to all of you Merry Christmas and a Happy New Year.

Your Professional License may be Hanging in the Balance.

In the State of California if you are convicted, or even under investigation for a crime, then your professional license may be affected on a number of different levels.  Of course, a felony conviction would have a far greater impact on your future than would a misdemeanor, but either could be catastrophic!

Some vocations have stricter rules than others, but here are some of the careers that can be derailed in the Big Bear State.  Among others they are…accountants, attorneys (not surprisingly), people in the medical profession such as dentists, chiropractors, nurses, etc.  Even pharmacists may be affected by an investigation or conviction.

In the professional world you are always exposed even by the suspicion of a spurious deed.  Please call William Chestnut if you are under investigation for a felony or even a misdemeanor.  The stakes are way too high!  San Jose criminal defense attorney Bill Chestnut is ready to help in any way that he can.  Just call (408) 298-6990.

At What Age Can Juveniles be Tried as Adults in California?

Good news/bad news.  The state law in California prohibits the prosecution of children who are less than 14 years old.  Perhaps disturbingly, there are some situations where someone 14 years of age or older can be tried as an adult.  There are certain crimes where your kid could be tried in adult court.  That should send shivers up your spine!

Just like an adult, kids who are as young as 14 in The Big Bear State can be charged with an infraction, a misdemeanor, or even a felony.  The minor cannot be charged with Class A felonies, for instance.  Can juvenile crimes be sealed?  That means that the offense is deemed to have never occurred at all!

You see, this is a slippery slope indeed.  The thought of having your kid’s life altered forever when he or she is still a young teenager is horrifying.  Do Not let another day pass.  Call the law office of San Jose juvenile defense attorney William Chestnut immediately.  Bill has been defending kids in court for decades.  That phone number is (408) 298-6990.

Environmental Crimes Encompass Many Types.

In California, there are several different ways that an individual or business can commit an environmental crime.  They have become rampant throughout the world and The Big Bear State is certainly no exception with its diverse landscape and population.  These types of crimes will only grow in focus as time goes by.

What are some types of environmental crimes?

1.  Wild animal trafficking.  It is ranked #3 world-wide after drugs and guns.

2.  Electronic waste disposal. 

3.  Illegal dumping in waterways.

There are many other examples on a global as well as regional scale.  Environmental crimes may not be “sexy” as it pertains to local news coverage, but they are very real.  San Jose criminal and environmental crime defense attorney William Chestnut knows that as well as anyone.  If you or a loved one has been accused of a California environmental crime call Bill at (408) 298-6990.

There is No Substitute for Experience.

This is so true in most areas of endeavor.  With the years come a sense of confidence and trust because you know that the company or individual in question has “been through the wars” so to speak.  They bring an expertise to the table that someone with only a year or two of experience cannot offer.

San Jose criminal attorney William Chestnut has defended hundreds in our area for over more than four decades.  He has seen and fought for California citizens who have been accused of such things as domestic violence, felony crimes, environmental crimes, juvenile offenses, criminal fraud, drug violations, and so much more.

Attorney William Chestnut knows his way around California Criminal Courts.  He is a proud native of San Jose and stands at the ready when you or a loved one have been accused of a crime.  The California criminal justice system is tough.  You cannot afford to trust just anyone to defend you.  Trust the experience of Bill Chestnut.  Give him a call today at (408) 298-6990.

Maybe the charges are the only thing that’s fraudulent.

What defines a charge of fraud in the State of California?  In our state, fraud is an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.

Intentional fraud or deceit occurs when the perpetrator uses deceit to convince the victim to rely on the false facts.  Then the victim reasonably relied on and was harmed by the deceit.  Constructive fraud occurs when the perpetrator misrepresents to the victim that an important false fact is true. 

There is a broad interpretation of fraud in the Big Bear State.  You need a top criminal fraud attorney like William Chestnut to defend you against these charges.  Attorney Chestnut has defended Californian’s accused of fraud for more than 40 years.  Arrange for a free consultation at his San Jose office by calling (408) 298-6990.

There is a Meth to the Madness.

Let’s talk about one drug in particular.  Getting charged with the possession of methamphetamine is a serious crime.  It goes by many names, but meth is a potent stimulant that carries an exceptionally negative stigma.  If you or a loved one has been charged with possessing meth, you may face a severe uphill battle.

You should know what it takes to be convicted of meth possession.  You had actual possession of the drug at the time of the arrest.  You knew that it was methamphetamine and not something else.  You are holding more than just a trace amount.  It is known as a “usable quantity”.  That could be interpreted in different ways.

You can’t turn back the clock.  Being convicted of meth possession carries life-altering penalties.  At this time, you need aggressive representation from a California drug defense attorney.  The right person for the job may well be the 45-year practicing San Jose criminal lawyer William Chestnut.  Call Bill today and discuss your case at his office.  That number is (408) 298-6990.

Juvenile Crime in California.

Every state has its problems with young people being arrested on suspicion of committing a felony.  California, because of its diversity and shear population, is at or near the top of the list.  The statistics reveal a great deal about the types of juvey crime in the Big Bear State.  Here are some of them.

In the most recent reporting period we found that over one-third of all arrests of young people are for violent offenses.  That is a startling stat!  Beyond that, nearly a third involved property violation.  Most of the rest were for offenses such as weapons, hit-and-run, drugs and alcohol possession, etc.

When a young person in your life runs afoul of California State Law you call in a veteran who has been defending kids in juvenile courts throughout the state for more than four decades.  That bull-dogged defense will be provided by William Chestnut.  Attorney Chestnut knows his way around California Juvenile Court.  Call his San Jose office for a consultation at (408) 298-6990.

Sexual Assault Charges.

They have always been very serious, but in the days of the “Me Too” movement they have become more public than ever.  Sexual harassment and sexual assault are on everyone’s radar in the State of California.  The Hollywood community south of us really brought it to the forefront, but it is a serious charge wherever you are in the Big Bear State.

To say the least, reports of sexual assault are not uncommon in California.  It is estimated that nearly 10 million people have been the victim of some kind of sexual violence just in our state!  Are you even aware that men account for nearly one-third of the sexual assault victims?  Add to that, the fact that many of these events go unreported.

Being accused of Sexual Assault, harassment, or other related charges must be dealt with quickly and professionally.  He said…she said could get you in even more trouble.  You may require the guiding hand of California sexual assault lawyer William Chestnut.  Please call Bill before another day passes to meet him at his San Jose office.  That number is (408) 298-6990.

Robbery, Burglary, and Theft…are they the Same?

We tend to throw around the words robbery, burglary and theft interchangeably.   The three have something in common, of course.  They all may involve the unauthorized taking of someone’s personal property by another person.  Let us use this opportunity to explain the differences between these three.

Theft is the most basic of the three crimes.  It occurs with the unauthorized attempt to deprive someone of their personal property.  Robbery is essentially theft accomplished through the use of physical force or fear.  Burglary is simply the unlawful entry into a structure, such as a home or business even if a theft never occurs.

Those differences could dramatically impact the future of you or a loved one.  To sort out the defense strategy between robbery, burglary, and theft you could use a seasoned San Jose area criminal defense attorney.  That man is William Chestnut.  Please call Bill to go over your case as soon as possible at (408) 298-6990.

How does the Bail Bond Process Work?

We all know about it, (preferably not first hand!) but what if we are suddenly faced with this situation in helping a loved one or family member?  In breaking it down to its basics, bail is a financial arrangement that a bail bond agency makes on behalf of an accused criminal defendant.  They act on behalf of the accused.

With a cash bond the entire amount of bail must be paid in cash AND in full.  The money is then held until the case is concluded and is refunded to the person who posted it.  If the defendant posts his or her own cash, then the court may deduct any fines and costs before returning the money.

This is just the first process in successfully defending someone against a criminal charge in the State of California.  The next, most important thing to do is contact San Jose criminal attorney William Chestnut.  Talk to Bill about the entire process from start to finish by calling his office at (408) 298-6990.