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.
Monday, April 22, 2013
Sunday, March 31, 2013
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.
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.
Monday, March 25, 2013
You Have The Right To Refuse A Breathalyzer Test
As the weather gets warmer and the days grow longer, a familiar scene is taking place all over America's vacation destinations. Spring Breakers are converging on every locale from the mountains to the beach. With that influx comes an increase in DUIs.
If you or someone you know has had a DUI, then you know what a costly and taxing ordeal it can be. Your spring break can go from a dream-like oasis to a nightmarish hell.
When people see the red and blue lights in their rear-view mirror they are often times so petrified with fear that they immediately start giving away their rights. Generally, the thought is if they are courteous and compliant with the officer then they could perhaps charm, or lie their way out of it. That's a big mistake. Yes, you should always be courteous and respectful to any peace officer. However, they are not there to make friends or even to cut you a break.
If you are accused of drunk driving, the arresting officer will ask you to perform a field sobriety test. Don't do it. It is your right not to and you should exercise that right. Also, you have the right to refuse a breathalyzer. Refuse it. This is another attempt to essentially try and convict you on the spot. Simply and respectfully decline. They will arrest you and they will impound your vehicle, but now you have a leg to stand on. You haven't provided field evidence that can be far more damning than any tests they subject you to when you get to the station.
It is not an ordeal anyone wants to go through. The best way to avoid a DUI, obviously, is through abstinence. But, reality has proven that the best of us still get caught up in the worst of scenarios. Just remember, if you do get caught up in one of those scenarios--Clam up and lawyer up.
Contact San Jose DUI Attorney William Chestnut at 408-298-6990 if you have been arrested for a DUI.
When people see the red and blue lights in their rear-view mirror they are often times so petrified with fear that they immediately start giving away their rights. Generally, the thought is if they are courteous and compliant with the officer then they could perhaps charm, or lie their way out of it. That's a big mistake. Yes, you should always be courteous and respectful to any peace officer. However, they are not there to make friends or even to cut you a break.
If you are accused of drunk driving, the arresting officer will ask you to perform a field sobriety test. Don't do it. It is your right not to and you should exercise that right. Also, you have the right to refuse a breathalyzer. Refuse it. This is another attempt to essentially try and convict you on the spot. Simply and respectfully decline. They will arrest you and they will impound your vehicle, but now you have a leg to stand on. You haven't provided field evidence that can be far more damning than any tests they subject you to when you get to the station.
It is not an ordeal anyone wants to go through. The best way to avoid a DUI, obviously, is through abstinence. But, reality has proven that the best of us still get caught up in the worst of scenarios. Just remember, if you do get caught up in one of those scenarios--Clam up and lawyer up.
Contact San Jose DUI Attorney William Chestnut at 408-298-6990 if you have been arrested for a DUI.
Monday, February 25, 2013
Take The Initiative To Resolve An Outstanding Arrest Warrant
Do you think you have an outstanding warrant and are too scared to ask the police? Understandably so. Your first option in obtaining this information should be by conducting an online private search over the internet.
Another option is to visit the court house in the county you believe the warrant was issued. One way to obtain this information is to go in person to the court house and ask for the records department. Be mindful, this method can be very time consuming and inconvenient since typically the court house is only open during normal working hours. Also be advised that this method can also pose some risk for whom the warrant was issued since the individual may be detained by legal officials on the spot. To avoid this, utilize the online court system to get a complete background check and criminal history report.
Once you find out you have an outstanding warrant the best way to deal with it is to obtain legal representation. Taking the initiative to resolve the matter looks good in the eyes of the court. Your defense attorney may even be able to have the warrant recalled or quashed.
Whether the properties of the outstanding warrant are criminal in nature or simply a bench warrant, it's always in your best interest to contact a criminal defense attorney that is well versed in these matters so they can advocate on your behalf. It could be the difference between spending days behind bars or spending time with your family.
It should be noted that once an arrest warrant is issued there is no statute of limitations. This means that the warrant doesn't expire and an individual can be apprehended at any time, anywhere. This isn't a problem that will go away. Every time there is an officer behind you, on foot or on the road, you run the risk of being thrown in jail.
Once you find out you have an outstanding warrant the best way to deal with it is to obtain legal representation. Taking the initiative to resolve the matter looks good in the eyes of the court. Your defense attorney may even be able to have the warrant recalled or quashed.
Whether the properties of the outstanding warrant are criminal in nature or simply a bench warrant, it's always in your best interest to contact a criminal defense attorney that is well versed in these matters so they can advocate on your behalf. It could be the difference between spending days behind bars or spending time with your family.
It should be noted that once an arrest warrant is issued there is no statute of limitations. This means that the warrant doesn't expire and an individual can be apprehended at any time, anywhere. This isn't a problem that will go away. Every time there is an officer behind you, on foot or on the road, you run the risk of being thrown in jail.
That's no way to live! Take care of your warrants TODAY. Contact San Jose Criminal Defense Attorney William Chestnut at (408)298-6990 for legal defense on your outstanding warrant.
Marriage Partners Have Used Devious Methods Involving Child Custody
Divorce, by many, is considered comparable to death. It taxes us emotionally, mentally, spiritually, and financially. In the midst of it, partners have been known to use devious and underhanded methods in cases involving child custody. Such extents have been sought to falsify documents claiming harm and/or abuse was brought on by the other partner when in fact, it wasn't. In the event of such cases, a person's reputation within the home, community, and work place can be destroyed. A criminal record will impede and impair your possibility of obtaining gainful employment for the rest of your life. All for something that wasn't true.
If you have been falsely accused of abuse, whether it was for spousal or child abuse, or a false restraining order has been issued against you, note the following steps.
1. Hire a competent lawyer who knows what to do in such situations in order to preserve your good name.
If you have been falsely accused of abuse, whether it was for spousal or child abuse, or a false restraining order has been issued against you, note the following steps.
1. Hire a competent lawyer who knows what to do in such situations in order to preserve your good name.
2. Contact the clerk of the court and/or judge's office which issued the order, find out if there's going to be a hearing (or file+serve a motion to dissolve and set a hearing), and then get your witnesses to the hearing, using subpoenas, if needed.
Don't wait for a miracle. Gambling with your freedom is ill advised. Often times, a mere suggestion of violence to a judge on behalf of a woman will issue immediate action against the accused. Don't let your character be destroyed. If you are facing false allegations or a restraining order, contact San Jose Criminal Defense Attorney William Chestnut today for a free consultation at (408)298-6990.
Don't wait for a miracle. Gambling with your freedom is ill advised. Often times, a mere suggestion of violence to a judge on behalf of a woman will issue immediate action against the accused. Don't let your character be destroyed. If you are facing false allegations or a restraining order, contact San Jose Criminal Defense Attorney William Chestnut today for a free consultation at (408)298-6990.
Thursday, January 24, 2013
The Reduction Of Juvenile Incarceration
There are many different types of detention facilities around the country who claim they are there to reform troubled kids. Statistics show that in most instances reform isn't exactly what is happening. Juveniles are exposed to deplorable conditions and humiliating treatment from staff and other inmates. After enduring this treatment they become conditioned.
Many other industrialized first world nations wouldn't dream of incarcerating their youth. There is still hope for a child. With the right guidance and discipline many, if not, most can be rehabilitated. Building character, trust, and getting to the root of the child's behavior with medical, psychological, and spiritual tutelage are more common practices abroad. In the United States we inhibit those possibilities by suggesting that the child is a criminal and needs to do "hard time." Some studies have revealed an increased propensity for violence among youths as a direct result of juvenile incarceration.
For more extensive information regarding the incarceration of youth, read the Annie E. Casey Foundation's report: The Case For Reducing Juvenile Incarceration: No Place For Kids.
If your child is facing legal action, you are not alone. Act quickly to preserve your child's future by contacting San Jose Juvenile Defense Attorney William Chestnut at (408)298-6990.
Wednesday, January 23, 2013
Is Your Child Facing Criminal Charges?
If your child has been accused of a crime in the state of California, it is of the utmost importance that you understand how crucial it is to take appropriate measures to ensure that your child's future is not jeopardized. It can be an overwhelming ordeal when the police contact you to tell you they have your child in custody. It's devastating for both the parents and the child. Don't go it alone. Your child's future can be saved or sabotaged simply by words spoken. Enlist in the experience of a knowledgeable Criminal Defense Attorney who understands the legal wrangling of the juvenile court system and can work with the court to preserve your child's future. It can be the difference between your child attending Penn. State or the State Pen.
Don't bet on the courts being lenient just because your child is young, or because it's their first offense. Often times the courts will prefer to rehabilitate youthful offenders but if there are multiple instances involved, or violent circumstances, the court may find it more advantageous to seek the fullest punishment allowed by law-- without regard who's ‘baby' they're jailing.
Remember that you are not alone in these circumstances. Many youths find themselves in trouble with the law for a myriad of reasons. It's possible that they got mixed up with the wrong crowd. Perhaps it was a momentary poor choice or a lapse in judgement. Many kids straighten up and fly right after a brush with the law. You can bet that the ones who did, did so with the assistance of an experienced Juvenile Defense Attorney. Preserve your child's future by contacting San Jose Juvenile Defense Attorney William Chestnut at (408)298-6990.
Subscribe to:
Posts (Atom)