Ray Hrdlicka – Host – Attorneys.Media “Sobriety checkpoints. New Years just occurred, and they were all over the place. So, is that a different…is there a different strategy for law enforcement? And the, as a criminal defense attorney, do you have a different strategy when an arrest occurs in that situation?” Stuart Kirchick – Criminal […]
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Stuart Kirchick – Criminal Defense Attorney – San Jose, CA “In California there’s no limit. Like alcohol is .08 percentage of blood, percentage of alcohol in your blood. Whereas marijuana, there’s no particular numeric quantitative factor for marijuana. Unlike other states, like Colorado, there’s a certain amount of THC required. But not in California. So,
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Ray Hrdlicka – Host – Attorneys.Media “Well, that’s what I was about to ask you next, given the fact that California, marijuana is legal for, obviously, personal use. But how easy is that to pick up a DUI? I guess that’s the real easy question. How easy is that to pick up a DUI with
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Ray Hrdlicka – Host – Attorneys.Media “If it is, where one party says, ‘he pushed me, she pushed me’, etc., and an arrest is made, isn’t it then a he-said she-said, or vice versa, situation? And the DA…whether…the district attorney, has to make a decision whether of not this is prosecutable and winnable. I would
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Ray Hrdlicka – Host – Attorneys.Media “You know, we’re talking about equal justice under the law, it would seem to me that…that needs to be somehow standardized to prevent that. But anytime you have a human factor involved, a human variable, obviously you’re going to get that.” Stuart Kirchick– Criminal Defense Attorney – San Jose,
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Ray Hrdlicka – Host – Attorneys.Media “If somebody is concerned about COVID, what would you say to them? And how could you help them? If they have criminal case and they come to your office, or they contact you, excuse me, what are your COVID procedures?” Stuart Kirchick– Criminal Defense Attorney – San Jose, CA
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Ray Hrdlicka – Host – Attorneys.Media “Well, if somebody watches the news, they hear about drug arrests, about…well, actually, any type of law enforcement arrest being down from previous years. It’s decreased, it’s decreased, it’s decreased. Obviously, it doesn’t seem to be the case in this particular field of law, meaning drug arrests. Is that
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Ray Hrdlicka – Host – Attorneys.Media “Well, isn’t that more subjective…if there’s not a quantitative number that can be assigned to that…isn’t that more subjective of who stops you? And then, of course, the district attorney in prosecution.” Stuart Kirchick– Criminal Defense Attorney – San Jose, CA “Absolutely, you know, like most offenses, officers have
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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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