Fresno Criminal Lawyer Blog

I was pretty surprised when Fresno County first started releasing inmates due to Federal overcrowding requirements. But now the situation has become the status quo. It makes one ponder when the early release situation will come to a close. In addition, the people released from the Fresno County jail are not always the ones accused of light weight offenses.

As a Fresno criminal defense attorney, who is in the courts on a regular basis, I often ask bailiffs, judges and district attorneys if they are seeing any unusual patterns in the early release situation. While the inmates who are released first are supposed to be the non-violent inmates, that is not always the case. The Federal mandate requires a bed for every inmate in custody and that means the person released, at any given time, may not be an inmate accused of a non-violent crime.

An example of this situation was the early release of Juan Navarro, a gang member who has a lengthy record who was released and then re-arrested on Wednesday for a $300,000 warrant. It is not uncommon for inmates who are released due to overcrowding to continue to perpetrate crimes after they are released.

Continue reading "Get Out of Jail Free Cards for Fresno Inmates" »

The Fresno Bee reports that the police department has won a statewide competition for traffic safety and held more DUI checkpoints than any city in the United States.

Authorities love to conduct law enforcement roadblocks. Statistics show they provide little or no deterrent to drunk drivers. The cases are often beat in court on a number of grounds. And the stops are responsible for less than 1 percent of drunk driving arrests each year.

But they pay overtime. And they sound good to the public. So they are here to stay, particularly with so many high-profile drunk driving incidents in the news.

A suspected drunk driver crashed a car into a Fresno home earlier this week, ABC30 reported. And an off-duty police officer is facing drunk driving charges in Fresno after an incident earlier this month, the Mercury News reported.

Field sobriety tests were administered and the officer was arrested on suspicion of DUI.

A Fresno drunk driving defense lawyer should always be consulted in the wake of a DUI charge. Job loss continues to be a consequence of a drunk driving conviction in an increasing number of cases.

An experienced defense attorney can frequently challenge drunk driving charges on a number of fronts, including the probable cause for the stop, the results of field sobriety and breathalyzer tests, and the training and conduct of the officers involved.

Continue reading "Fresno is nation's leader for DUI checkpoints; drunk driving charges at roadblocks often beatable" »

In a recent development, a federal grand jury in Fresno indicted Chester Garber, a suspended attorney, on charges of child pornography. This case started almost three years ago after Mr. Garber's home was searched pursuant to a search warrant issued by the Federal Court. Charges hadn't been filed since that time. Mr. Garber, along with his wife and sister-in-law initiated a Federal civil suit in response to the search.

Although a grand jury has issued an indictment, he has not been arrested on the charges. Mr. Garber is accused of giving DVD's to a friend that contained nude depictions under the age of 18. In 2007, Fresno Superior Court Judge, Rosendo Pena, denied Mr. Garber's motion to obtain his property back and to eliminate evidence obtained after the execution of the search warrant at his house. Shortly thereafter, Mr. Garber initiated his lawsuit.

Without commenting on the state of the evidence, it leaves me puzzled as to why the Federal Authorities would wait almost three years to initiate a criminal prosecution after finding supposed evidence that Mr. Garber possessed DVD's with child pornography. Clearly, if that's the case, the Fed's would be interested in making sure that Mr. Garber did not continue to disseminate or possess such material by moving forward with a swift prosecution. Yet, that is not what happened. Hum? Makes you wonder why they are moving forward now. Any guesses? Do you think his suit against the government has anything to do with it? I don't know the answer to that question, but it does look suspicious.

Continue reading "Fresno Grand Jury Indicts Suspended Attorney on Child Pornography Charges" »

Investigators closed two alleged chop shops in Fresno this week, the Fresno Bee reported.

A Fresno criminal defense lawyer experienced in representing clients facing serious theft charges will carefully review the allegations in these cases. Chop shop allegations can be complex cases and are often difficult to prove. That's okay. We don't have to prove anything -- that burden rests with the state.

Frequently a legitimate business or salvage yard can be slapped with chop-shop allegations. In other cases, a consumer may have purchased a car without knowing it was stolen.

A theft crime can follow a defendant through life, making it difficult or impossible to hold certain jobs or work in certain professions. An experienced Fresno defense attorney will thoroughly investigate your case and will seek a reduction or dismissal of the charges on your behalf. Penalties for a theft conviction can include prison time, probation, restitution, court-ordered counseling, fines and court costs and community service.

The first shop was located on the 4700 block of East Tower Avenue, where detectives from the multiagency task force for auto theft reported finding three stolen vehicles. An 18-year-old man was arrested for allegedly operating a chop shop. He faces charges of grand theft auto and vehicle theft.

The other operation was located on the 3600 block of South Peach Avenue. Police report finding four stolen vehicles and arrested a 22-year-old man for owning and operating a chop shop, grand theft auto and vehicle theft.

Both suspects were booked into the Fresno County Jail.

This is a classic example of one of those times when the best thing a defendant can do is to keep his mouth shut and call an attorney. Frequently, investigators will try to talk to a defendant in a situation like this, even indicating lesser charges might come with cooperation. First, police are empowered to make no such deals and any deal made without your attorney present is pretty much worthless. Second, it is very common for the best evidence against a defendant to be his own statements after arrest -- either to an investigating officer, a fellow inmate or a loved one during visitation or a telephone call from jail.

An experienced defense lawyer can frequently deal with the evidence -- and a reduction or dismissal of the case is possible. But it is a defendant's own words that often seal his fate before a defense attorney can begin to fight the charges on his behalf.

You have the right to remain silent. Exercise it.

Continue reading "Fresno Auto Theft Charges Result from Raid of alleged Chop Shops" »

I had a felony narcotics case set for preliminary hearing today in which I'd run a motion to suppress the discovery of the drugs on my client. The case was set in the main court house here in Fresno, California this morning. We had our motion filed and I spent some time before the case was called, discussing with the District Attorney our position on the case. In addition, the search involved a search by another officer who was not part of the Fresno Police Department; in addition the search was several years old by this time.

My client had discovered he had a warrant for his arrest when he was traveling out of state as a commercial truck driver. He hired me after he found out about the warrant. I put him back on calendar to get the Fresno arrest warrant recalled and set the matter for arraignment. We did the arraignment a month or so ago- by the way an arraignment, in case you didn't know is a fancy word for reading the charges and saying not guilty and setting the next court date.

Anyway, I looked through the police report and saw what was clearly an illegal search. I told my client we'd file the appropriate paperwork with the court and argue the motion that the search was unconstitutional as a violation of his fourteenth amendment against unlawful searches and seizures. A month later were back in court and just like that- case dismissed.

This case illustrates the importance of hiring a Fresno Criminal Attorney who can vigorously defend your case. The problem is, all too often, a lazy attorney would settle for telling his client to just plead to a drug program and then the case is over. A successful and aggressive Fresno Drug Crime Lawyer, however, will fight your case from beginning to end and make sure that a crappy case is tossed out when it should be tossed out.

In the early morning hours this past Friday, an off-duty Fresno police sergeant was arrested for suspicion of driving under th influence by another Fresno police sergeant. It all went down around 1:30 a.m. on Friday, when another Fresno Police Officer observed, off-duty Fresno Police Sergeant Ron Hughes strike a curb and weave across several lanes.

Fresno Police Chief, Jerry Dyer, commented that the off-duty Fresno Police Sergeant violated several traffic statutes before he was pulled over. The cop who stopped Hughes actually was another Fresno Police sergeant who stated that he noticed a Chevy pickup driving across the lane lines and hitting a curb with the tire of the truck. This all happened around 1:30 a.m. in the morning this past Friday.

The officer who arrested Hughes claims that he didn't know Hughes was also a Fresno Police Department officer until he was already arrested and in handcuffs. Apparently, Hughes is assigned to the narcotics task force and works undercover. Maybe that's why the other officer didn't recognize him.

In my career as a Fresno Criminal Attorney, I've had occasion to defend several members of the law enforcement community on DUI charges in Fresno and around California's Central Valley. Its unfortunate when it happens because they have so much at stake. Many police departments have a zero tolerance policy when it comes to driving under the influence, and a DUI conviction may result in a loss of their job- permanently. Other police departments are then often hesitant to hire police officers who have been discharged from other agencies for a DUI conviction.

Really, it doesn't matter who you are, average Joe Blow or Fresno Police officer, a DUI can have devastating consequences in this day and age. That is why it is important to contact a Fresno DUI Attorney so that you can do everything you can to avoid a DUI conviction.

Fresno Police Officer Faces DUI Charge, FresnoBee.com, August 13, 2010.

Continue reading "Off-Duty Fresno Police Sergeant Nabbed for DUI" »

Huron Mayor Ramon Dominguez will stand trial on charges of felony grand theft and receiving stolen property, the Mercury News reported.

The grand theft charge alleges he sold $40,000 worth of property that he did not own to a local church group. The stolen property charge is for allegedly possession a laptop belonging to Huron Middle School, where he used to work.

Under California Law (P.C. 487), grand theft is defined as the unlawful taking of property valued at more than $400. The law states the crime can be committed via larceny, embezzlement, trick or false pretenses. Returning the property or intending to return the property is not a valid defense. Hiring a Fresno criminal defense lawyer is vital to protecting your rights.

If convicted, he faces up to nine years in prison. He has been free on $40,000 bond since being arrested nearly a year ago and is running for re-election in November. A Fresno County Superior judge ruled this week that there is enough evidence to charge him with the crimes.

His attorney said the failed business venture has cost Dominguez thousands of dollars and that the mayor had planned to buy the property he was selling to the church, the Fresno Bee reported. When he found out he couldn't do that, he refunded the church's money.

Continue reading "Fresno area Mayor faces Grand Theft Charges " »

In a case that came out last week out of California's Third District Court of Appeal (People v. Stanley), the third district court of appeal decided that a court has the authority to calculate the restitution amount in a case involving vehicle damage to the cost of repair, even if that amount exceeds the replacement costs of the vehicle.

In this case, the appellant (the person appealing the ruling) was appealing the cost of fixing a 1975 pickup that appellant admitted vandalizing. The court ordered him to handover $2,800.00 to the victim, which was the estimate from the body repair shop, even though the victim only paid $950.00 for the truck a little over a year before.

Appellant fought the court's ruling on appeal, claiming the amount was excessive.
However, the court of appeal upheld the court's ruling finding that the statute allows the trial court to assess value of damaged property at replacement cost or actual cost of repair. (Pen. Code § 1202.4, subd. (f)(3)(A).) In essence, the court has the flexibility to choose can repair costs as long as they are not grossly disproportionate to replacement value.

Continue reading "You Break it, You Buy it Three Times- Recent California Case Redefines Restitution Awards" »

On Thursday, a Fresno County Superior Court Judge suspended proceedings in the murder case of a group home manager. The allegation in the case is that Jerry White, a resident of a group home located near Palm and Shields in Fresno, California, used a knife to murder the group home manager running the facility approximately three years ago. At this time, this murder was a highly publicized and shocking occurrence.

Mr. White has had several court hearings, and on Thursday, his lawyer requested that the court appoint two independent doctors to examine Mr. White to find out if he is able to stand trial. The court followed Mr. White's attorney's request and appointed the doctors who will visit Mr. White and conduct an examination to determine if he is competent to stand trial in this matter.

The rules governing competency can be found in Penal Code sections 1368 et seq. The court's appoint doctors to determine if a defendant understands the nature of the proceedings that are being conducted. Part of this examination is to make sure the defendant understands his role, the role of his attorney, the role of the prosecutor and judge, and the role of the jury. Even though a person may have mental disabilities, they can still be found to be mentally competent. Believe it or not, a person is even entitled to a jury trial on the issue of competency. So a person can have a jury trial just to determine if they understand what's going on in order to have the first trial.

It is important to understand that a defendant can only be confined a reasonable period of time to restore them to competency. The due process clause of the United States Constitution prohibits a longer period of confinement. (Jackson v. Indiana (1972) 406 U.S. 715.) In addition, California limits the maximum confinement to establish competency to three years or less. (Penal Code section 1370(c)(1). However, a person confined to a State mental hospital to restore competency does get credit for any amount of time they actually serve, even if they received outpatient treatment. (Penal Code § 1375.5.) An important point to remember, however, is that a defendant who is committed does not receive credit for good-time credits. (People v. Waterman (1986) 42 Cal.3d 565.)

If you have a relative or loved one who is facing charges and there is a question about his or her mental competency, the best thing you can do is hire a qualified and experienced Fresno Criminal Attorney to defend their case and make sure their rights are preserved.

A 20-year-old motorist is facing felony DUI charges in Fresno after his three passengers were killed in a Wednesday afternoon car accidents, the Fresno Bee reported.

Of course, our hearts go out to the victims in this case. But an experienced Fresno drunk driving defense lawyer will also need to move aggressively to fight for the future of the young man charged in this accident. Those accused of fatal drunk driving crashes are frequently handed lengthy prison sentences. Prosecutors seldom offer deals; judges render harsh sentences and the media reports it as criminal justice. As if a victory ever involved everyone losing.

These are tragic cases. The defendant is always deeply remorseful. Nobody can turn back time. The only offense in such cases is an experienced and aggressive defense.

The crash was reported about 4:30 p.m. at American and Fig avenues, according to the California Highway Patrol. The defendant was northbound on Fig Avenue when authorities allege he failed to yield at a stop sign at American Avenue. His Pontiac Sunfire was struck by a Honda Accord westbound on American Avenue.

None of the passengers in the Pontiac were wearing their seat belts and all three were thrown from the car. Two were pronounced dead at the scene. A third died at Community Regional Medical Center.

The Honda's driver suffered minor injuries and a passenger was also injured.

Continue reading "Driver Facing Felony Drunk Driving Charges after Fatal DUI Accident in Fresno" »