Law Office of Steven A. Chase

The corona virus that is circling the globe is not a joke. It is not something that affects others. It affects us all. Please stay away from crowds or places where people congregate. I will be limiting my court appearances as much as I can so I can live to fight another day. If we don't act intelligently, and avoid public places, many more people will die. Stay home if you can, and wash your hands for at least 20 seconds, often during the day. You can hum the "happy birthday" song twice in your head, and that will be about 20 seconds. Keep your "social distance," of at least 6 feet from other people. This is the most serious risk to health that I have seen in my 73 years of lifetime. Please be well.

I often have clients call me and say that a police officer wants to talk to them. "What should I do?' I tell each one the same thing. First of all, I say that I never allow my clients to speak with the police without me being present, and then, only on rare occasions. The police will lie to you in order to get you to confess to a crime. Even if you haven't committed a crime, perhaps you will say something that will end up getting you in trouble. The right to remain si...lent, guaranteed by the 5th Amendment of the United States Constitution, is the most important civil right available to a criminal defendant. Once you tell a story, and you later want to change it, that will do you no good. THERE IS NEVER A GOOD REASON TO TALK TO THE POLICE. INNOCENCE IS NOT A GOOD REASON. ALWAYS CONSULT AN ATTORNEY, AND IF ARRESTED, REQUEST AN ATTORNEY AND KEEP YOUR MOUTH SHUT. See more

The corona virus that is circling the globe is not a joke. It is not something that affects others. It affects us all. Please stay away from crowds or places where people congregate. I will be limiting my court appearances as much as I can so I can live to fight another day. If we don't act intelligently, and avoid public places, many more people will die. Stay home if you can, and wash your hands for at least 20 seconds, often during the day. You can hum the "happy birthday" song twice in your head, and that will be about 20 seconds. Keep your "social distance," of at least 6 feet from other people. This is the most serious risk to health that I have seen in my 73 years of lifetime. Please be well.

For those of you following the Impeachment process in our Congress, it's a lesson in civics, but also a lesson as to how our courts work. You have heard both sides declaring that the other side has no validity. The Republicans have claimed that this is all smoke and mirrors, and much ado about nothing, while the Democrats are declaring that the president has committed grievous offenses and is unfit for office. This sounds a lot like what you might hear in a trial in court w...ith each side espousing why their view of the evidence is correct. Then, it's up to the jury to decide which side to favor. Often this ends up as a personality contest between the two sides. If the jury doesn't like the defendant, they will interpret the evidence to favor that person. If the jury looks over at the defendant, and see evil personified, they will vote to convict. The Impeachment proceedings have demonstrated this personality issue with clarity. Those who like the policies of President Trump state that the allegations against him won't hold water. They say this with fiery rhetoric and bombast. Their words are full of outrage. The Democrats keep talking about the facts, and state that the violations are clear. From my vantage point, the Democrats have the most accurate view. The issue of withholding funds from Ukraine that were authorized by Congress is one of intent, and for that, it would have been helpful to have more witnesses from the President's inner circle and his cabinet, but he forbade them from testifying. That brings up the obstruction of Congress charge, and it's clear from this writer's view that the President is clearly guilty of this charge. He can't order people to disobey a subpoena. The person would still have to appear, and then claim executive privilege to not testify. When he told them "don't go" that was obstruction. Now that he's been impeached, the President will have a trial in the Senate. Senators will then have decide what his conduct was, and then whether it arises to a level that requires his removal from office. In order to make a reasoned decision, there should be a full trial with the House presenting their case for impeachment, and the proponents of the President presenting their witnesses. Anything short of this would be a sham proceeding, not worthy of the Senate. Politics should be set aside, and each side should seek justice. This proceeding should be held in the same fashion that each citizen deserves in his or her trial on criminal charges. See more

The current events leading to the impeachment probe by Congress, illustrates the way that criminal charges are played out every day. President Trump has put out a publicity campaign to tell the public that he did nothing wrong. He is the white knight seeking to stamp our corruption wherever he might find it. So what if the only corrupt person he is looking for is the opponent that opinion polls say he will lose to in an election. State of mind is often an issue in crimina...l trials, and an impeachment proceeding is a semi-criminal one designed to root out corruption in the highest office in the land. Words have meaning, and Mr. Trump's meaning is crystal clear. He was seeking dirt from a foreign power to use against a political opponent. That is what the facts show. Another thing that each of you should think of is that no person who is accused of something should be talking about it with anyone other than his or her attorney. Everything you say can and will be used against you in a court of law. Since Mr. Guliani seems incapable of giving his client good advice, there is no one to advise the president to keep his mouth shut. REMEMBER: THERE IS NEVER A REASON TO SPEAK WITH LAW ENFORCEMENT ABOUT CHARGES AGAINST YOU. IF THEY DON'T HAVE YOUR WORDS, WHETHER YOU COMMITTED A CRIME ON NOT, THEY OFTEN DON'T HAVE A CASE. Be smart, and don't follow Mr. Trump's example. See more

I often have clients call me and say that a police officer wants to talk to them. "What should I do?' I tell each one the same thing. First of all, I say that I never allow my clients to speak with the police without me being present, and then, only on rare occasions. The police will lie to you in order to get you to confess to a crime. Even if you haven't committed a crime, perhaps you will say something that will end up getting you in trouble. The right to remain si...lent, guaranteed by the 5th Amendment of the United States Constitution, is the most important civil right available to a criminal defendant. Once you tell a story, and you later want to change it, that will do you no good. THERE IS NEVER A GOOD REASON TO TALK TO THE POLICE. INNOCENCE IS NOT A GOOD REASON. ALWAYS CONSULT AN ATTORNEY, AND IF ARRESTED, REQUEST AN ATTORNEY AND KEEP YOUR MOUTH SHUT. See more

There has been a statements by President Trump and other politicians about the allegations against Brett Kavenaugh, the President's choice to fill the vacant Supreme Court Seat. Those people who dismiss Dr. Ford's accusations as untrue because she didn't report the incident when it happened demonstrate their ignorance of such incidents. She was 15 years old at the time of the alleged incident, and was at a party where alcohol was being consumed by underage people. It is un...derstandable that she wouldn't want to report what happened in fear that she would be blamed for being there. Expert testimony in rape and sexual assault cases cites studies that most of these crime s go unreported. Recantation is common, even when the allegations are true. False accusations of sexual assault have ruined the lives of many men and women. However, being a victim of a sexual assault can cause a lifetime of agony for the victim. My job is to defend people who are charged with these crimes. Some are innocent, and all deserve a strong defense. But ignorant comments about the accuser just emphasize the lack of knowledge and empathy by the general public. We need to hear from Dr. Ford, and each of you readers of this message should listen to the hearings and make up your own minds based on facts and testimony--not on the statements of pundits and politicians. See more

We are living in a strange time. The president of the United States complains about fake news, and tweets and says untruths all the time, then denies that he has done so. I heard a poll that said 84% of Republicans still support him. That is the power of authority. People are afraid to question it. This is very relevant in criminal trials where the word of a police officer is often taken over that of the person charged. Far too often, officers stray from the truth when ...testifying against defendants. If a defendant exercises his or her 5th Amendment rights to remain silent, they can't be accused of lying. It will always be an uphill battle when fighting against the machine of the prosecution, but it's important to choose an attorney who will fight for your rights and seek justice on your behalf. If you are charged with a crime, you must work with our attorney, whether paid or publically appointed, to seek a proper resolution of your case. Make sure your attorney is an advocate for your rights. They can't do that unless you participate in the process. Better yet: don't find yourself in the position to need an attorney. See more

Choosing a lawyer is not just a simple process of looking on Yelp and seeing who has five stars. Many attorneys who are in the trenches each day are the unsung heroes of the profession. You may get a great recommendation from a friend, but you need to meet with the attorney to see if that person is a fit for your case. How do you respond to the attorney? Do you find him or her compelling? Do they ask you pertinent questions about your case? It's important to have faith ...in your attorney as that person is going to make recommendations to you about how to proceed with your case, and if you don't respect that opinion, you are wasting your money. Find out how much trial experience that person has. When you go to court, ask the bailiff in the courtroom if they know your attorney, and if so, what they think of him or her. If the bailiff doesn't know the attorney, that may mean that the person doesn't appear in that jurisdiction a lot, or if they do, they don't make an impression. If you are seeking an attorney for a criminal matter, it's good if you know a cop, and can ask the cop if they know the attorney you want to hire. They know who the good attorneys are. Also, you need to be able to work with the person you hire, and you have to make sure that they will listen to you and answer your questions. The attorney who asks for the most money may not be the best attorney. Make sure that you can build a good rapport with the person who's going to represent you. See more

Last night, I went out to dinner with a friend. He's a retired cop who I met in the course of my work. He's the kind of cop that I wish all were like. He was always interested in justice, and not "just us." He had a distaste for colleagues who abused their position or who's relationship with the truth was troubled. From my experience in 46+ years of dealing with law enforcement officers on the other side of my cases, I have found that most are honest, but that isn't all ...there is to being a good officer. In addition to honesty, you need a quest for the truth, and that quest needs to be undertaken in an unbiased fashion. Too many cops latch on to a suspect, or a theory of a case, and then become blind to facts that don't fit their paradigm for that suspect. My friend, Al, was the kind of cop who wanted to get a just result--making sure he had the right person, and that the facts clearly pointed to proof of the perpetrator's malfeasance. In all walks of life, there are the few that stand above the many. This is certainly true of lawyers, but is also applicable to judges, investigators, experts, and as mentioned above, law enforcement personnel. Sometimes, regardless of what I do to to protect and defend my client, I'm limited by the judge I get, or the jury panel from which I choose my jurors, and from timing. For instance, right now any man charged with sexual assault comes to court in the glaring light of the "me too" movement. While I'm glad that the public is being made aware of the predatory nature of many men in the public light, there will always be some innocent person who gets swept up in the tidal wave. Extrinsic factors can affect the outcome of any case. My hope for anyone reading this post is that you try to look at things from both sides before barreling down a one way path of thought. Things aren't always as they first appear.

2018 brings new laws in California. The most significant for many of you is the "legalization" of marijuana. Smoking or eating cannabis may be legal, but you can face severe penalties if you are found to be under the influence of marijuana while driving a motor vehicle, including a boat. Blood tests can detect cannabis in your system for up to 30 days. It's going to be interesting to see how the labs can quantify the cannabis in your system to prove you were under the inf...luence so that it impaired your driving, but the best way to avoid issues is to not smoke and drive. When you are stopped by the police while driving and they ask you if you have been drinking or smoking, the best response is "I don't want to answer that question." Don't say what you've had; when you've had it; how much you've had; or whether you feel the effects of what you've had. JUST SAY NOTHING. You will have to take any chemical tests they require or you will lose your license. Just don't give them information that will assist them in prosecuting you. For instance, if you say "I stopped drinking hours ago," and your test indicates you are over .08%, they will assume you were more under the influence when stopped than at the time of the test. Again, the best response is no response to those questions. All you need to do is to identify yourself (name, date of birth, address, etc.). Always be polite. The best thing you can do is not drink/smoke and drive. If you kill someone in an accident, you can be charged with murder. Be safe, and have a designated driver or use a taxi, Lyft or Uber service. A drunk driving arrest can result in the loss of your driving privilege; jail; hefty fines, and increased cost of insurance. Happy New Year to you all. See more

As this year is winding down, I am heartened by new laws that will be coming into effect in California that make convictions of certain crimes less onerous. It is time that the public becomes aware of the fact that there are real people behind these crimes. These people have families--spouses and children. They often have a desire to leave their criminal life behind and start anew. The internet has removed almost all privacy for each of us, and it makes it harder for peop...le to succeed once they are in the system. Draconian laws that only seek to incarcerate and not rehabilitate do nothing to protect us and only serve to demean us. Compassion and empathy are things that I often find lacking in people. They don't look at the broader picture. My hope for all reading this is that you will open your minds and your hearts, and usher forgiveness into your lives. Let's hope for true peace on earth and goodwill to people in the coming years. See more

With the overcrowding of prisons in California, and directives for them to reduce prison populations, new rules for prisoners as well as sentencing have emerged. A number of low level offenders in prison now only have to serve 1/3 of their sentence. For instance, if they are sentenced to three years, they only have to serve on year in custody. Many crimes that used to put people in prison now have the sentences served in the County Jail. These county jail sentences can be ...split so that part of the time is in custody, and part on supervised release. For instance, if one is sentenced to six years, the judge can order 2 years in custody and 4 years on supervised community release. If the person violates the terms of his or her supervised release, they can be put back in jail to serve the rest of their sentence. When choosing an attorney, you should consider if that person will work hard to get to know you and your strengths, and guide you in the best direction to minimize the time you serve. Getting off is not always available no matter how good your attorney is. Minimizing your sentence is an important part of the attorney's role. Choose your counsel carefully. See more

There is too much division and hatred in our society. It's affecting how juries view criminal defendants. There are some charges that are so inflammatory that when the jury hears them, the presumption of innocence flies out the window. As a criminal defense lawyer, one of my hardest jobs is questioning potential jurors to determine if they are qualified to sit on a case. It is rare that jurors are perfectly candid when questioned, and it is my job to sift through those an...swers; observe their body language, and find out what's in their heads. It's a hard process that has no definitive rules. Sometimes, it just comes down to a gut feeling. Our system of justice depends upon this imperfect system. Citizens charged with crime put their lives in the hands of these people. Jurors often turn away from reasonable doubt, because they discard those facts in favor of facts that prove a client guilty. They want to do the right thing--convict. They may not express that, but it is in the back of their mind: If the defendant didn't do anything, why is he/she on trial? How did it get this far? When picking an attorney to represent you, you should evaluate that person as to how you think a jury chosen from the community would react to such a person. Go with your gut when deciding. If you don't feel good about the attorney, you can assume that a jury won't either. Choose wisely. Your freedom may depend on it. See more

The "law" is determined by the justices of the Supreme Court of the United States and the Highest of the state courts. Police misconduct is often curtailed as a result of these decisions. The rights of individuals granted by the Constitution are safeguarded by these justices. The president of the United States gets to pick the candidates for the justices of the Supreme Court as well as of the various Federal Courts. In the next four years, it is likely that the president... will get to choose four new justices for the Supreme court and countless lower court justices. When picking the president, this fact should be a paramount importance. Donald Trump has promised to overturn Roe v. Wade (the case allowing women the right to control their own bodies, and to choose to terminate a pregnancy). He said that if a woman has an abortion, that "some punishment' is required. Donald Trump wants to make things easier for the wealthy when it comes to taxes. He is not a man of the People. Hillary Clinton is the only choice for president. She has spent her life working for the rights of children; for the healthcare rights of everyone, and for civil liberties. She has incredible experience in government. She's been the 'first lady" of a governor and president. She has been Secretary of State. She has been an effective State Senator. She has been maligned by the right who attack her because she is a strong, outspoken woman. She is the victim of slander, and people's willingness to accept this slander is directly related to her gender. Donald Trump is dangerous to the safety and wellbeing of our government. His act of calling on Soviet President Putin to hack into Hillary's emails (government emails), is an act of sedition. When his advisers told him what a fool he was to make such a statement, he said he was being sarcastic. There was no sarcasm in his voice when he made the statement, and he refused to back down from it when confronted by a reporter. He is the liar. He cites things as fact when they couldn't be further from the truth. He appears to be without empathy; highly narcissistic, and perhaps, a sociopath. He must be stopped. Even if you don't like Hillary Clinton, you must defeat Trump and that means voting for her. If you are angry because Bernie Sanders isn't the candidate, you must vote for Hillary. Bernie says that you must. It's a no brainer. If you are interested in your rights as human beings, you must cast your vote against Donald Trump, and to ensure that he doesn't get elected, you must cast it for Hillary Clinton. When she is president, you will be happy with your choice. Don't let Mr. Trump decide the course of law in this country for the next thirty years by allowing him to pick the judges who will decide that law.