Ray Hrdlicka – Host – Attorneys.Media “Hi, today we’re sitting with Stuart Kirchick, criminal attorney in Santa Clara, County, California and Santa Cruz County, California. And today we’re talking about a very hot topic, and that is stand alone – what they call “naked 148”, which in layman terms, is the resisting arrest charge, and […]
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Ray Hrdlicka – Host – Attorneys.Media “All right. So, let’s talk about drugs. Obviously, there has been a vast change in California and a lot of other States about drug laws. And decriminalizing them. Obviously, changing even past convictions. But with those changes, what do you see in terms of the criminal court system? What
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Ray Hrdlicka – Host – Attorneys.Media “One of the issues with having priors is Search and Seizure. And so, has the police approach…has law enforcement changed their approach to Search and Seizure given society’s changes?” Stuart Kirchick– Criminal Defense Attorney – San Jose, CA “No, no, the police…yeah. The police love Search and Seizure any
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Ray Hrdlicka – Host – Attorneys.Media “Do those last two test you just described, occur after the arrest at the police station?” Stuart Kirchick – Criminal Defense Attorney – San Jose, CA “That’s correct. So, there’s already been probable cause to make the arrest. Now you’re under arrest. And now the officers are basically doing
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Ray Hrdlicka – Host – Attorneys.Media “What are some common myths about DUI that persist even today. Because, you know, just in common conversation, sitting down at the jail, sitting down at the courthouse, you’re going to hear a lot of guys talk. And there’s common myths…you can’t…you can’t get over them.” Stuart Kirchick –
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Ray Hrdlicka – Host – Attorneys.Media “Why are you different from the guy across town on how they treat clients and what they do? So, that’s what I wanted to ask you is, you know, what’s different in your approach to a client that you can see and what your clients have said about you
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Ray Hrdlicka – Host – Attorneys.Media “Everybody thinks it’s the violent behavior, the physical assault. But domestic violence actually is more than that, isn’t it?” Stuart Kirchick– Criminal Defense Attorney – San Jose, CA “Sure. If you threaten to harm or threaten to kill someone. If you say, you know, if…you’re, you’re with your domestic
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Ray Hrdlicka – Host – Attorneys.Media “So that second part, the B test, is that more subjective?” Stuart Kirchick – Criminal Defense Attorney – San Jose, CA “Well, no. The B test is objective because you have one of those test results.” Ray Hrdlicka – Host – Attorneys.Media “I’m sorry, A I meant.” Stuart Kirchick
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Ray Hrdlicka – Host – Attorneys.Media “So, you mentioned restraining orders earlier. Are those effective or are they just a tool to enhance a charge? God forbid, should something further happen in that particular case?” Stuart Kirchick– Criminal Defense Attorney – San Jose, CA “I believe they’re effective. I think there’s a lot of situations
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Ray Hrdlicka – Host – Attorneys.Media “Well, given all these changes, what are some of the common legal defenses now, that you have, that you can utilize as tools in a particular drug case?” Stuart Kirchick– Criminal Defense Attorney – San Jose, CA “Well, if it’s not sales, and it’s just possession, or even if
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