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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Ray Hrdlicka – Host – Attorneys.Media “Well, you mentioned something that I wanted to bring up right now, and that’s blood alcohol content. I think, the acronym, BAC? And you’ve got tests that occur at the time of the arrest, field sobriety tests. And then you’ve got other tests, chemical test, blood test, that can
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Ray Hrdlicka – Host – Attorneys.Media “Today we are sitting with Stuart Kirchick, and attorney in Capitola California, who handles criminal matters in Santa Clara County, Monterey County, and essentially all the counties in the Bay Area, in the South Bay. Let’s get right into it. Stuart, let’s talk about DUI a little bit. Now,
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Ray Hrdlicka – Host – Attorneys.Media “So, where in this process…you’ve talked about an arrest that occurs and then the blood test that occurs later. Where in this process does the…does law enforcement have to Mirandize you, you know, read you your rights?” Stuart Kirchick – Criminal Defense Attorney – San Jose, CA “Sure. So,
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Ray Hrdlicka – Host – Attorneys.Media “When a…law enforcement arrives at the scene, whether, you know, called by a neighbor, called by one of the two family members, you know, husband, wife boyfriend, girlfriend…when they arrive at the scene, what do they have to see to be able to make an arrest?” Stuart Kirchick– Domestic
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Ray Hrdlicka – Host – Attorneys.Media “Well, that’s what I was asking you. It sounds like that change in the process, in terms of the district attorney looking at multiple different drug arrests, obviously in the past, of an individual, that they’re not going to end up in jail or in prison the way they
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Ray Hrdlicka – Host – Attorneys.Media “How long have you been practicing law?” Stuart Kirchick– Criminal Defense Attorney – San Jose, CA “32 years, 33 years.” Ray Hrdlicka – Host – Attorneys.Media “You had to think about that a second.” Stuart Kirchick– Criminal Defense Attorney – San Jose, CA “I did. I’m not good at
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