A highlighted video from the San Jose Criminal Defense Attorney tag archive.
In California, most first-time misdemeanor drug possession cases qualify for pretrial diversion under Penal Code 1000, often leading to dismissal after treatment. In San Jose and across Santa Clara County,…
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Sobriety checkpoints are legal in California when they follow required advance notice and neutral, planned procedures. A DUI…
In California, alcohol DUI is tied to a per se limit of 0.08% BAC, but marijuana DUI has…
Marijuana can impair driving and lead to a DUI charge even when you don’t feel “high,” because many…
Conflicting statements in a domestic violence arrest can create reasonable doubt, which may lead to reduced charges or…
Criminal records can trigger lasting legal and real-world consequences—often visible on background checks for years, and in some…
Most law firms still use layered COVID-19 safety measures—such as masking when appropriate, enhanced cleaning, ventilation, and remote…
U.S. drug arrests have generally trended downward from their peak in the late 2000s, even as enforcement priorities…
Police can arrest you for a marijuana DUI in many states even without a specific THC “legal limit”…
In most jurisdictions, you can be charged with resisting arrest even if the underlying offense is dismissed, and…
Yes—drug law changes can have major, visible effects, often shifting arrest rates, sentencing outcomes, access to treatment, and…
The Fourth Amendment generally requires police to have a warrant supported by probable cause before searching you, with…
DUI testing after arrest typically happens at the police station after officers establish probable cause and make the…
Seven persistent DUI arrest myths can seriously damage your defense if you rely on them. People often misunderstand…
Stuart Kirchick is a San Jose criminal defense attorney who sets himself apart with a client-first approach that…
Domestic violence charges include physical abuse plus threats to harm or kill, which can trigger a DV case…
California DUI law has two main DUI counts: 23152(a) (impairment) and 23152(b) (BAC at/above 0.08%). Count (a) relies…
Restraining orders can backfire in DV cases because even one accidental contact can trigger an arrest and add…
Drug charges can carry life-changing penalties—often including years in prison, steep fines, and a permanent criminal record. The…
DUI testing includes field sobriety tests roadside, plus breath or blood chemical BAC tests later—each has different reliability…
In California, a DUI can be charged for alcohol or any impairing drug, including prescription medications. Stuart Kirchick,…
Police must give Miranda warnings only before custodial interrogation, not at the moment of arrest. In DUI stops,…
Police can arrest for domestic violence when they have probable cause that an assault, threat, or protective-order violation…
Yes—many drug convictions can avoid prison through diversion or probation, especially for first-time or low-level cases. Eligibility depends…
