Attorney Stuart Kirchick

Interview with Attorney Stuart Kirchick About Police and DA Tactics

What You Must Know About Resisting Arrest Charge Tactics

In most jurisdictions, you can be charged with resisting arrest even if the underlying offense is dismissed, and penalties may include jail time, probation, and fines. Prosecutors often rely on broad statutory language and officer testimony to argue that pulling away, tensing up, or refusing commands amounted to “resistance.” This article explains common resisting-arrest charge […]

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Drug Law Evolution & Its Impact: Attorney Stuart Kirchick on Criminal Courts

Can You See The Major Effects Of Drug Law Changes

Yes—drug law changes can have major, visible effects, often shifting arrest rates, sentencing outcomes, access to treatment, and local enforcement priorities. Even small statutory tweaks can alter what’s legal, what penalties apply, and how police and courts respond. This article explains the most significant impacts of drug law reforms, how they affect individuals and communities,

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Search and Seizure Procedures Explained by Attorney Stuart Kirchick

Devastating Illegal Searches? Essential Constitutional Rights You Need

The Fourth Amendment generally requires police to have a warrant supported by probable cause before searching you, with key exceptions like consent, exigent circumstances, and searches incident to arrest. When officers violate these rules, courts may suppress the evidence under the exclusionary rule and you may have remedies depending on the facts. This article explains

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Exploring Common Drug Case Defenses with Attorney Stuart Kirchick

Expert Attorney Reveals Hidden Domestic Violence Charge Types

Domestic violence charges include physical abuse plus threats to harm or kill, which can trigger a DV case even without an assault. In San Jose, these allegations can apply to spouses, cohabitants, or dating partners in heterosexual or same-sex relationships. This article explains lesser-known DV charge types and how they’re prosecuted. Ray Hrdlicka – Host

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Restraining Orders In A Domestic Violence Case: A Double Edged Sword? | Attorney Stuart Kirchick

Urgent: Why Restraining Orders Can Backfire in DV Cases

Restraining orders can backfire in DV cases because even one accidental contact can trigger an arrest and add a new criminal charge. They can also create leverage in custody/divorce disputes and generate damaging “paper trail” evidence from violations. This article explains when protective orders help, when they escalate exposure, and how defense counsel manages the

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Common Drug Case Defenses: Attorney Stuart Kirchick Explains

Devastating Drug Charges? Essential Defense Strategies You Need

Drug charges can carry life-changing penalties—often including years in prison, steep fines, and a permanent criminal record. The outcome frequently turns on early decisions, the strength of the prosecution’s evidence, and whether constitutional violations occurred. This article explains essential defense strategies, from challenging searches and seizures to disputing possession, intent, and lab results, and negotiating

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