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.

Obtaining a Real Estate License with a Criminal Record.

Pretty much everyone knows that the San Jose area is a hot bed for real estate right now.  Unfortunately, The California Business and Professions Code grants the Department of Real Estate the right to deny a license based on anyone’s previous criminal record.  This includes misdemeanors AND felonies anywhere in the US!

Count on the DRE to investigate each case individually to determine if a conviction warrants denial.  In addition to the conviction, aggravating factors will also be considered in their decision.  Here is some advice…come clean!  One of the basic requirements to apply for a license is honesty.

I want to help you get started or continue working in real estate sales.  My name is William Chestnut, a criminal defense attorney out of San Jose serving the entire area.  I have helped many people retain their real estate license in the past.  Why not give me a call and see how we may work together?  The phone number is (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.

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.

Contractor License Suspension after a Criminal Conviction.

Perhaps you're an electrical contractor or a glazing specialist.  Maybe carpentry or fencing is your area of expertise.  If you're part of the California construction trade - one of the state's largest industries, you need to know your options if you have been convicted of a criminal charge in the Big Bear State.

Not only is your freedom at stake, but so is the contracting career you worked so hard to develop.  The CSLB is the acronym for the Contractors State License Board in California.  They can and will harshly discipline you if you are a convicted criminal.  Is there any recourse?  The answer may be an emphatic YES!

San Jose area criminal defense attorney William Chestnut may be just the man you need to know at a time like this.  He has decades of experience in dealing with the CSLB.  You have rights under the law.  DO NOT take this suspension lying down!  Please immediately contact attorney William Chestnut for a meeting at his 4020 Moorpark Ave. office at (408) 298-6990.

Holiday Joy…Holiday Stress.

All too often one accompanies the other.  As families gather together to celebrate the end-of-the-year holidays, familiarity all too often breeds contempt.  We speak of domestic violence.  It is in the news a great deal these days and holiday time may exacerbate the situation.  Do not let your loved ones go down that path!

Some of the components that constitute domestic violence are-

1.  Inflicting trauma on a loved one.

2.  Physical violence…assault.

3.  Kidnapping.  This time of year, kids are often targeted.

4.  Threats…sometimes bordering on terrorism.

All of these emotional tipping points and more could result in the arrest of someone you care about on a domestic violence charge.  In Santa Clara County, San Mateo County, and Alameda County the right choice is to call William Chestnut.  Bill is a domestic violence defense attorney serving our area for over 40 years.  Call attorney Chestnut today at (408) 298-6990.

What is Property Crime?

No, it is not when someone lets weeds grow in the front yard or decides to paint their house yellow!  Property crime may include vandalism, arson, a stolen vehicle, burglary, and more.  By definition, it is the seizing or destroying of items that do not belong to that person and does not directly threaten the safety of the victim.

Robbery is NOT a property crime.  That reaches the next level of a violent crime because it threatens an individual with bodily harm.  Still, property crime is very serious and needs to be treated as such.  We hear stories of “kids on a joy ride”.  They think they are “borrowing” a car for the night, but the owner does not see it that way.

It can get very complicated and needs to be sorted out by a seasoned attorney.  That is why people in this area have turned to Santa Clara County property crime lawyer William Chestnut for decades.  If you or a loved one is facing such a charge act NOW.  Call Attorney Bill Chestnut at (408) 298-6990.

Gotta Go to Rehab…I say yes, yes, yes.

Rehabilitation is, and continues to be, a viable option in the State of California.  Why?  Because a criminal conviction could and probably will hamstring you for the rest of your life.  You don’t even want to know how potential employers will look at you with that nasty criminal conviction on your permanent record!

Now add the internet to your dilemma.  And, there are agencies out there that will sell all of your personal information to anyone who is willing to pay.  You can’t blame the potential employer who is just looking for the right applicant for the job.  There is a way to mitigate the damage done by a criminal conviction. 

In California, we have the most “pardoning governor” in the country.  Good old Jerry Brown has been on board off and on since the days of “flower power”.  Your individual situation is of great interest to San Jose criminal rehabilitation attorney William Chestnut.  If there is a way around this permanent stain on your reputation attorney Chestnut will find it.  Call him at (480) 298-6990 for an appointment at his office on Moorpark Ave. in San Jose.

Felonies and Misdemeanors in California.

So many things can happen in South Bay and the surrounding area that put you or a loved one “behind the eight ball”.  Suddenly your life is altered by a charge in the State of California that is defined as a misdemeanor or a felony.  Crimes of these type are as many and varied as the diversified population of the Big Bear state itself.

Consider just a hand-full of which good people get charged –

1.  Domestic violence.  A simple disagreement gets horribly out of hand.

2.  Internet fraud.  Our newest and most pervasive white-collar crime.

3.  Worker’s comp or welfare fraud. 

4.  Traffic crimes.  Hit and run, speeding tickets, etc.

5.  Drug offenses.  That “eight ball” could suddenly take on a whole new meaning.

Being charged with a misdemeanor or felony in California is NOT A CRIME.  It would be a crime if you don’t seek out aggressive defense.  Attorney Bill Chestnut is a forty-year professional who knows how to fight criminal charges in the Big Bear State.  Bill is the South Bay, CA criminal defense lawyer that you need in a crisis.  Give him a call to schedule an appointment in his San Jose office at (408) 298-6990.

Reducing a Felony Charge in California.

A felony conviction on your record is NOT a death sentence.  It does not have to change your life forever.  In the State of California there are terms and conditions whereby a felony conviction can and SHOULD be reduced.  And don’t even think that you can hide your record from a potential employer - not in this day and age.

That felony conviction might never be expunged, but the great news is that it could be ameliorated.  Most of the felonies and even the misdemeanors that occur in California can be lessened or even cleared in state court!  Good old Jerry Brown is one of the most “forgiving” governors in the country.  Keep all of this in mind and do not become discouraged.

The secret to your brighter future is really no secret at all.  It is knowing the name of William Chestnut.  Attorney Bill Chestnut is a four decade veteran who knows his way around criminal charges in the Big Bear State.  Believe me, if it is possible to reduce your criminal charge Bill is the right man for the job.  Start the New Year right by giving him a call at (408) 298-6990.

It’s a Brave New World.

So here we go.  It’s a brave new world out there my friends.  We head into 2017 with new leadership in this great country, but one thing is certain - we are all Americans and we all need the same protection under the law that we have needed for decades past.  None of that will change with the passing of the torch…it never does.

Did you pay attention to the election?  California did some amazing things at the poles that captured the national spotlight.  One of those things was the referendum on the legalization of the recreational use of marijuana.  Look it up.  Whatever side of the issue you may fall on it may affect you in the year to come.  To be sure, we hope that you do not need the assistance of a great criminal attorney in 2017.

BUT…if you do, it is comforting to know that through the past eight presidential administrations Attorney William Chestnut has been protecting the citizens of the San Jose California area against criminal prosecution.  They come and go…the Republicans and the Democrats, but there is Bill.  If you need a great criminal attorney in the San Jose Valley give him a call at (408) 298-6990.

Defense Against Sex Charges.

Talk about a life-changer.  If you or someone you care about is charged with a sex crime in the State of California, the stakes are high indeed.  Imagine having to register as a sex offender wherever you live for the rest of your life?  It becomes very public and extremely humiliating.  So many sex crimes are “he said-she said”.  More often than not it simply is not fair!

Some sex offenses in California include - 

1.)        Indecent exposure

2.)        Statutory rape

3.)        Possession of child pornography

4.)        Child molestation

5.)        What has become known as “date rape”

It is easy to see why people who are charged with crimes such as these are presumed guilty by the average citizen.  In a situation such as this you must seek the most aggressive counsel to defend you through the process.  That man is San Jose, CA sexual crime defense attorney William Chestnut.  Call Bill immediately to begin formulating your case at (408) 298-6990.

Three Strikes Cases in California.

The “three strike law” has been an important deterrent to crime in our state.  It was originally enacted just over 20 years ago.  By definition it gives the judge latitude to impose a much harsher sentence on anyone who has been previously convicted of two prior serious criminal offenses.  This is where things become a bit fuzzy in defining prior “serious” criminal convictions.

For example, in one case an individual was accused of stealing $153 worth of video tapes from Kmart stores.  Because he had a distant past of drug abuse and had committed residential burglaries those video tapes might have cost him serious prison time.  As a result, this individual had “the book thrown at him” and was sentenced to life in prison with no possibility of parole for 50 years!

Whoa Nellie, does something seem excessive and unfair here?  We strongly urge you to call Attorney William Chestnut.  He is an experienced California three strikes defense lawyer in San Jose. He will bring nearly 40 years of experience and success to defend you against the possibility of an unduly harsh sentence.  Call Bill today for the help you need at (408) 298-6990.

California Latino Crime.

Are you aware of this startling statistic?  In the state of California Latinos are killed at TWICE the rate of Caucasians?  They are also far more likely to be killed by a stranger.  Latinos face challenges at every level of the justice system.  Often they are given stiffer penalties such as extended jail time and much higher fines.

Latinos are also more likely to experience multiple crimes.  In a survey of crime survivors, the culture has had nearly half of its population be subjected to three crimes or more!  The survey also uncovered that the Latino population in California has a much harder time accessing services after a crime has been committed.  There may be several reasons for that.

One thing for sure is that the Latino population of the greater San Jose area needs immediate and aggressive representation when a crime occurs.  We urge you to visit this website - www.williamchestnutlegal.com.  Attorney Chestnut brings nearly 4 decades of compassion to all of the great citizens of the area.  He is a San Jose California Latino defense attorney fluent in Spanish and English.  Call Bill today for help with your case at (408) 298-6990.

Congratulations Sharks!

Before it gets away from us we wanted to take this space to congratulate our local major league sports franchise…The San Jose Sharks.  What a glorious run that was!  All the way to the Stanley Cup Final.  We are all very proud of our National Hockey League team and believe that next year the guys will take the final step to claim the cup.

We are also very proud of our community and area in the way that they celebrated every step of the way.  No violence was reported…just good old fashioned celebrating as the team advanced through the playoffs.  You can and should be very proud of yourself San Jose.  We just wanted to remind you how cool you sports fans of our area are.

We honestly hope that your family never needs our family, but if you do we will be here for you.  We are the law offices of Attorney William Chestnut.  Bill has defended thousands of people in Santa Clara County, San Mateo County, Alameda County, Silicon Valley and the South Bay Area for nearly 4 decades.  He is one of the area’s most noted criminal attorneys.  If you need him do not hesitate to call (408) 298-6990.

Understanding Proposition 47 in the State of California.

Proposition 47 has been on the books for a couple of years now.  What is California’s Prop 47 anyway?  When it was passed by the state’s voters it turned many felonies into misdemeanors.  When that happened many people were able to turn several years in prison into a year or less in jail.  If you are not aware, many of the non-violent crime prisoners are housed in county jails.

In some of California’s jurisdictions they are considering expanding the program.  Some criminals were not previously given the opportunity take advantage of Proposition 47 because their crimes were considered too serious.  There are programs available throughout the state whereby a person convicted of a drug crime may get help and reduce his or her sentence.

Obviously it takes a true professional to seek the help that you or your loved one need.  Future lives are on the line here.  San Jose California drug crimes defense attorney William Chestnut has handled hundreds of felony and misdemeanor cases over the last 40 years.  If you live in Santa Clara, San Mateo, or Alameda County and the surrounding area get the help you need.  Call San Jose drug defense attorney William Chestnut today at (408) 298-6990.

Reducing a Felony to a Misdemeanor in California.

In the state of California there is something known as Penal Code number 17.  If you or someone you care about has been convicted of a crime that has been deemed a felony, then you need to know about this special code.  It is designed to help many Californians to amend their felony conviction and change it into a misdemeanor.

Now what does that mean exactly?  Here is one stark reality…a felony is punishable by a minimum of one year in state prison.  A misdemeanor carries a much less severe penalty.  Have you ever heard of a “wobbler”?  This is a special class of crime that may be classified as a felony OR a misdemeanor depending on its severity.

Only a trained criminal attorney is qualified to sort this out for you.  San Jose California felony defense attorney William Chestnut has handled hundreds of felony vs. misdemeanor cases over the last 40 years.  If you live in Santa Clara, San Mateo, or Alameda County and the surrounding area get the clarification you need.  Call San Jose criminal defense attorney William Chestnut today at (408) 298-6990.

What is Mistake of Fact in Criminal Law?

A great criminal attorney will pursue every avenue in aggressively defending you against a crime.  Mistake of Fact is a term used in criminal defense that you may not be aware of.  This term refers to a criminal defense that attempts to limit criminal liability on the ground that the defendant operated based on an incorrect assumption of fact rather than a criminal purpose.

Under normal conditions the mistake that the defendant made must be reasonable.  In order to be able to use Mistake of Fact as a defense understand that the mistake that the defendant made must have been one that an ordinary person would have made under the circumstances.  However, in some jurisdictions the Mistake of Fact defense has a broad interpretation of “reasonable”.

If you or a loved one is accused of committing a crime in the San Jose CA area you need every advantage at your disposal.  Count on the 35+ years of expertise that Attorney William Chestnut has brought to serving those facing criminal charges in California.  Make an appointment to visit him for a consultation at his office located at 1010 W. Taylor St. in San Jose by calling (408) 298-6990.