The Reduction Of Juvenile Incarceration

Can reducing juvenile incarceration decrease crime? When it comes to jailing juvenile offenders, the United States incarcerates a disproportional amount of youths compared to other industrialized nations. The juvenile crime rate is higher in the U.S., which tells us simply locking up our youth is not the answer.

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.

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.

Just Say "No"...To Searches

Every day, United States citizens are submitting to, or being tricked into, allowing a police officer to search their home, car, or person. The Fourth Amendment of the United States Constitution protects all U.S citizens from ANY unwarranted searches and seizures. This means that, both federal and local law enforcement are strictly prohibited from conducting a search and seizure of your home, body, and/or property unless the following criteria is met:

1.They have probable cause to believe that an illegal activity has or is about to occur.
2.They have obtained a search warrant.

If an officer of the law does in fact obtain information without meeting the criteria stipulated in the constitution, that evidence is not admissible in a court of law as it was illegally obtained.

If you were arrested after a law enforcement official conducted a search of your home, body, or property, then be sure to contact us immediately. In such cases time is of the essence. Search and seizure is a complicated subject. Many people are simply terrified when dealing with police officers and will forgo their rights because they feel intimidated. Don't be intimidated! A police officer will recognize when they are dealing with an informed citizen. Be courteous and respectful and never agree to a search. Once you have given them permission to rummage through your belongings, ANYTHING in your possession can be held against you. So just say NO to searches.

Contact San Jose Criminal Defense Attorney William Chestnut today if you believe you were illegally searched.

This The Season For... Shoplifting

The holiday season is upon us. Department stores will stay open later than ever from now until Christmas in an effort to maximize holiday revenue. However, as shopping hours increase, so do thefts.

Theft is a serious offense and if you are charged with it, will reflect on your permanent record. If you are accused of theft the best thing you can do is to keep quiet and retain counsel.

Many department stores pursue shoplifters with overt aggression to teach a lesson to would-be thieves. As a result, something as simple as shoplifting a DVD could have you facing jail time. There is a San Jose Criminal Defense Attorney who is ready to fight for you. If you have been charged with theft we will work tirelessly to come up with a creative solution to either drop the charges or significantly lessen them. It isn't fair that an individual suffering from a lapse of judgement be housed with hardened criminals.

Obviously the best way to avoid the time is to avoid the crime, but sometimes circumstances force us to act outside of our better judgement. In the case of an individual who was laid off from their job during the holidays and was caught shoplifting a teddy bear for his or her daughter to have for Christmas, they shouldn't be subjected to the same treatment a career criminal would face. Each case should be judged individually. There is no "one size fits all" when it comes to such cases. A person's intentions and prior criminal record should also be considered. That is where our knowledge of the law will come in and make sure you (remove) that all of your rights are protected and a fair solution is reached.

Don't wait, contact San Jose Criminal Defense Attorney William Chestnut if you have been charged with theft.

States Like Washington And Colorado Have Legalized Marijuana For Recreational Use, California Has Not

Marijuana is becoming more accepted by mainstream society every day. While states like Washington and Colorado have fully legalized it for recreational use, California has not.

Some say that the states of Colorado and Washington have decided to wage war on the federal government. The state law is in direct conflict with the federal law that classifies marijuana as a schedule II narcotic. Which means, the states of Washington and Colorado have essentially said to the Feds, "Come and get us."

In California, we have the compassionate care-givers act. This allows patients to use marijuana for medicinal purposes. The license is given out by doctors after a brief examination. It is easy to obtain and it is the difference between breaking the law and abiding by it. Even though this seems like a loop hole, it's actually a much better way to navigate around an archaic law while not directly challenging the federal government.

If you are unlicensed and you are caught with marijuana, the punishment is relatively minimal... Unless that is, you have an eighth of marijuana broken up into little bags. Then you could be arrested for "intent to sell and distribute." There are all sorts of loopholes where law enforcement can trump up charges. In the cases of individuals who are caught selling LSD, they will busted for "weight" rather than quantity. The paper that the LSD comes on weighs far more than the LSD itself. As a result, there are many doing prison time simply for paper weight.

Back to marijuana -- the best way to avoid police interference is to become licensed. If you have been accused of or charged with marijuana possession, contact San Jose Criminal Defense Attorney William Chestnut immediately. While you probably aren't facing jail time (unless you were moving large quantities or multiple packages) you could be facing a myriad of fines and probation. If you're going to smoke get licensed, and if you have already been arrested, call us.

Contact Criminal Defense Attorney William Chestnut if you have been arrested for possession of marijuana.

Stay Safe This Halloween

This Halloween, before you head home from that wild party your co-workers hold in the office every year, think about the perils of a DUI.

A DUI, whether driving under the influence of alcohol and or drugs, is a very serious offense that could hinder you emotionally and financially for years to come. It is a serious offense committed by people from all walks of life. Sometimes it’s a belligerent alcoholic who is slalom driving through a construction zone in reverse. Other times, it’s someone who had 2 glasses of wine and a salad and thought they were okay to drive. Maybe they were. Perhaps they weren’t pulled over for weaving--but a tail light was out, or there was a DUI checkpoint, and that’s what prompted police suspicion.

Unfortunately, that’s an all too common occurrence. We have a drink or two, we think we are fine, an hour later we’re in holding cell.

How can you prevent this? Well, as always, abstinence is the best way. If you’re going to drink, don’t drive. Organize a carpool or opt for a taxi. Do you really want to drive on the freeway in a Lone Ranger costume anyway?

What if it’s too late for abstinence? Already had a drink or two and then drove huh? Got pinched less than a mile away from home? Yep, that’s how it goes. In this case, you will now need competent legal representation to see that all of your rights are being protected. Don’t go it alone. It is a legal and bureaucratic inundation of penalties, fees, jail time, and more, that will make you regret ever taking the wheel that fateful night. Let us help to soften that blow.

If you have been arrested for DUI, contact San Jose Criminal Defense Attorney William Chestnut. He can help!

WORLD WIDE WEB OF DECEPTION

All too often people are airing their grievances in social media forums. It seems as though every thought is now shared on social media. Many times, people will take to social media, blogs, and comment sections of online news forums and say some pretty awful things, even as far as making death threats.

In the wake of the 911 tragedies, what can be defined as a "terrorist threat" has now included language used online. The misconception by some is that freedom of speech gives one the right to say anything and everything they please without repercussion: Wrong! You can and will be held liable for threats made online, especially if they result in harm to another.

In this political season, people can become so divided that their anger spills over online. Some will make a snarky remark about a candidate on Facebook, while another becomes so enraged that he tweets death threats to a candidate, creating a serious situation for both parties.

More and more, technology is being developed to essentially abolish anonymity online. The government simply can't investigate every threat made on the Internet, but they have made it increasingly more difficult to not leave a digital trail.

Online bullying is another offense being taken much more seriously by lawmakers as they ramp up punishment in both state and federal laws regarding the severity of punishment.

As easily as authorities can catch Internet fraud, they can also trace back the origins of many threats. Sometimes when the person making the threat uses their actual name, they save the cops a lot of time and effort.

If you or anyone you know has been charged with "online crimes," contact San Jose Criminal Defense Attorney William Chestnut.

The Law Offices of William Chestnut 
1625 The Alameda, Suite 400 
San Jose, CA 95126 
E: williamchestnut@msn.com 
P: (408) 298-6990 
F: (408) 899-2269 
www.lawyersanjose.info 
www.williamchestnutlaw.com