Blog - Nicholson Law Offices

15Sep 2018 by Tara Deeney

Understanding the Different Types of Drug Crimes

Being accused of a drug crime can wreak havoc on your life- from limiting your ability to apply for housing to getting a new job. Depending on the severity of the crime, you may be charged at the state or federal level, which can determine the type of sentencing involved. State drug charges are typically less severe and may only result in probation, while federal drug charges will likely result in prison time. If you are facing charges for drug offenses, it is vital to partner with a criminal defense attorney in San Jose who can protect your rights and fight for the best possible outcome in your case. There are several different types of drug crimes that you can be charged for in the state of California including: •…

15Aug 2018 by Tara Deeney

5 Examples of Theft Crimes

Theft

Theft is a common crime throughout the U.S., but it is especially prevalent in California. Theft is defined as the unlawful assumption of another person’s property, with the intent to permanently deprive that person of their property. There are many different kinds of theft including larceny and burglary, and depending on the circumstances surrounding the crime, theft can either be charged as a misdemeanor or felony. Some of the most common theft crimes include: Petty Theft: One of the most common types of theft is petty theft. Petty theft involves stealing small amounts of cash or goods, and is usually charged as a misdemeanor. Shoplifting is an example of petty theft. Automobile Theft: When someone takes another person’s vehicle it is known as automobile theft. Examples include carjacking and grand…

15Jul 2018 by Tara Deeney

Expungements 101: Are You Eligible to Have Your Record Expunged?

Expungements

Criminal convictions can deeply affect all aspects of your life, from being approved for a loan to obtaining a job. Without an expungement, these convictions will remain on your record forever. Fortunately, there are many options available for people to petition the court to seal or dismiss their arrest record. If you are able to have your record expunged, the record is no longer accessible to the public and you can legally answer no to any inquiries about whether you have been charged with a crime. If you are interested in obtaining an expungement, is it vital to work with a San Jose criminal defense attorney who understands cases like yours. What are the eligibility requirements for an expungement? When evaluating your case for expungement, the court will examine the…

15Jun 2018 by Tara Deeney

Top 3 Most Common Crimes in California

Criminal Defense

While there are many different crimes that people are charged with every day in the state of California, there are several that happen more frequently than others. Being charged with a crime can be a scary experience, especially if it is your first-time offense. To better understand the most common types of crime, we have detailed the top three offenses below. If you or a loved one are facing one of these charges or have committed a different type of crime, it is vital to work with an experienced criminal defense attorney at our San Jose office. 1. Drug Offenses: The most common type of crimes committed in California are drug offenses. Whether it is buying, selling, or trafficking illegal substances, thousands of people are arrested on drug-related crimes each…

15May 2018 by Tara Deeney

4 Frequently Asked Questions about DUIs

DUI

Each year, thousands of people in California are stopped for DUIs. Driving under the influence of drugs and/or alcohol has become a more frequent occurrence, leading to an increase in accidents and subsequent arrests. Many people, especially first-time offenders, do not understand the terminology surrounding a DUI case or what the ramifications are of being convicted. Below are some of the most frequently asked questions about DUIs that we have heard at our San Jose criminal defense law firm. Q: What is the difference between a DUI and a DWI? A: DUI stands for driving under the influence, whereas DWI stands for driving while intoxicated or impaired. Both of these terms are used to refer to the act of driving while under the influence of drugs or alcohol. Q: What…

15Apr 2018 by Tara Deeney

Understanding Weapons Charges in California

Weapons Offenses

While the right to bear arms is every American citizen’s legal right under the U.S. Constitution, there are still regulations in place about how and when people can use these weapons, especially firearms. California state laws surrounding weapons are complex and can be confusing for people being charged with a weapons crime. If you have been accused of committing a crime involving a weapon, you may face steep penalties and fines, so it is in your best interest to hire a San Jose criminal defense attorney to represent you in your case. Penalties for Weapons Offenses in California Weapons offenses can range in severity resulting in misdemeanor or felony charges. The most frequent type of weapons charge in California is unlawful possession of a firearm-meaning someone has a gun without…

15Mar 2018 by Tara Deeney

What Happens if You Violate Probation in California?

Probation Violations

Probation is often offered to defendants throughout California as an alternative punishment to time in jail or prison. As a more lenient form of punishment, defendants are expected to understand that probation is a privilege, not a right, and therefore must uphold the terms of their probation. Whether you are performing informal or formal probation, there are consequences, sometimes severe, for probation violations. Informal vs. Formal Probation There are two types of probation that can be assigned to a defendant, depending on the severity of his/her crime, including informal and formal probation. Informal probation is unsupervised and only requires periodic court appearances to let the judge know about the progress of the probation. Informal probation is generally granted to people who have committed non-violent misdemeanors. Alternately, formal probation requires registry…

15Feb 2018 by Tara Deeney

Sex Crimes 101: Which Crimes Require Registration as a Sex Offender?

Sex Crimes

Sex crimes are a common offense throughout the state of California. The level of punishment for each crime depends on the severity of the crime, and the criminal history of the defendant. One of the most common consequences of committing a sex crime is having to register as a sex offender. Once people register as a sex offender, they are subject to several restrictions on where they can live, work, and level of privacy they are allowed. There are several types of sex crimes which may require registration as a sex offender including: • Indecent Exposure: When an individual is accused of exposing themselves in public, whether they were asked to, or forcibly had someone watch, he/she will have to register as a sex offender. In California, people who are…

15Jan 2018 by Tara Deeney

5 Things to Do Immediately After Being Stopped for a DUI

DUI

If you have recently been pulled over by the police and accused of driving under the influence of drugs and/or alcohol, you may be frustrated, scared, and if falsely accused, very angry. It is important to keep your calm during this stressful time, and remember you have the right to legal representation in your case. If you have been accused of a DUI, it is important to take these 5 steps immediately after the incident. 1. Write down every detail: Most DUI cases are won or lost based on the details. After being stopped for a DUI, it is imperative to write down everything you can remember from the stop including the location and time you were stopped, the reason the officer gave for stopping you, whether or not a…

15Dec 2017 by Tara Deeney

Crucial Factors to Remember During a Domestic Violence Case

Domestic Violence

If you have been accused of domestic violence, you will face very serious charges, whether these claims are accurate or unfounded. Domestic violence cases are legally and emotionally complex, and will dramatically change the lives of the accused, their partners, and children. If you are facing legal action from a domestic violence accusation, it is important to remember these key factors about your case. 1. Domestic violence charges will disrupt family life: Whether you have been given time in jail or restricted visiting rights, parents accused of domestic violence will have a harder time seeing their children when they want to. The legal process can disrupt family life, and all parties involved may suffer emotional trauma and stress. 2. Most domestic violence claims are on a he-said-she-said basis: One of…

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Understanding the Different Types of Drug Crimes

5 Examples of Theft Crimes

Expungements 101: Are You Eligible to Have Your Record Expunged?

Top 3 Most Common Crimes in California

4 Frequently Asked Questions about DUIs

Understanding Weapons Charges in California

What Happens if You Violate Probation in California?

Sex Crimes 101: Which Crimes Require Registration as a Sex Offender?

5 Things to Do Immediately After Being Stopped for a DUI

Crucial Factors to Remember During a Domestic Violence Case

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