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 – Santa Clara County, CA “Well, if it’s not sales, and it’s just possession, or even […]
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
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
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
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 – Santa Clara County, 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
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,
Video – Attorney Stuart Kirchick Explains Why A DUI Can Be More Than Just Alcohol! Read More »
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
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 – Santa Clara County, CA “Sure.
Ray Hrdlicka – Host – Attorneys.Media “Do the assistant DA’s in these different counties approach cases like that differently?” Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA “Yeah, I think they do. For sure. There are counties that treat cases more harshly than others. There are deputy DA’s within the same county that
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
