Fresno Criminal Lawyer Blog

The Chairman of Kings County Board of Supervisors has temporarily stepped down after being charged with felony sexual assault, the Fresno Bee reported.

Fresno criminal defense lawyers understand that few crimes can be as devastating as being charged with a sex crime. Job loss, loss of reputation, serious prison time and long-term registration as a sex offender can impact the rest of your life. Those facing charges -- even those under investigation but not yet charged -- should immediately consult and experienced and aggressive criminal defense attorney. No not provide any statements to the authorities and do not attempt to cooperate with the investigation with the hopes of avoiding charges.

Frequently, these cases hinge on who is most believable. Very often, a defendant's own statements -- made without the representation of an attorney -- make up some of the most damning evidence against him.

In this case, Richard Valle emphatically denied committing any crime, but on the advice of his attorney he declined to discuss last week's arrest. Elected two years ago, Valle faces allegations of felony sexual assault on an unconscious or intoxicated female. Corcoran police report that the 24-year-old woman came to the station about 3:30 a.m. to say she had been raped in his home. Investigators, including representatives of the Kings County District Attorney's Office, searched his home.

Valle, 40, was arrested on four sex-related felonies: oral copulation on an unconscious victim; oral copulation on an intoxicated victim; sexual penetration of an unconscious victim and sexual penetration on an intoxicated victim.

He has been freed on $300,000 cash bail.

Continue reading "King County Offical facing felony sex charges" »

Three teens face vandalism charges in Fresno for allegedly damaging a church early Tuesday morning, CBS 47 reported.

A Fresno juvenile defense lawyer should always be called to represent minors who are facing criminal charges. Unfortunately, parents sometimes decide to teach a child a lesson by essentially throwing them at the court's mercy. At other times, a parent may decide that, because a child is charges as a juvenile or because the charge is a misdemeanor, hiring an attorney is not warranted. Frequently, this is a mistake. Criminal charges can have a wide-ranging impact on a teenager's life and may even prevent them from entering the military, enrolling in college or receiving certain types of aid, including student loans. In other cases, a criminal charge may remain on a child's record in adulthood or may even count as a strike crime as an adult.

In this case, the Church of Christ Sierra Vista, near Maple and Clinton avenues, was damaged at about 1 a.m. Police alleged that five teens vandalized the church; three of the alleged defendants were caught after the intervention of nearby citizens. Police were called to the scene and three of the teens are facing felony vandalism charges.

Two other teens are still being sought.

These cases also often result in several defendants being disproportionately charged, based on which teens are the first to talk to police. In other cases, investigators make promises about a reduction or dismissal of charges that they are not empowered to keep. Defendants should not speak with investigators until and unless their attorney is present and gives permission. Any "deal" struck without your attorney will likely be unenforceable in court.

Continue reading "Teens charged with church vandalism; juvenile defense lawyer should handle criminal charges involving minors in Fresno" »

Two woman face felony child cruelty charges in Fresno after authorities say they were caught on a YouTube video encouraging a fight between two girls, ages 12 and 13, according to FOX 26 News.

This is one of an increasing number of examples of social media playing a role in the arrest or conviction of a defendant. Fresno criminal defense lawyers are frequently warning defendants of the dangers of discussing court cases, evidence or other sensitive information on Facebook, MySpace, Twitter or other social media sites.

Such information is finding its way into the courtroom in an increasing number of cases. Just as you should not discuss your case with cellmates, or while on the telephone from jail, neither should you discuss your case on Facebook, or post incriminating photos or video of yourself on YouTube or other social networks.

In this case, the two women, ages 32 and 43, were arrested and charged with felony child cruelty. The two girls, who had a long-running feud, had agreed to fight each other at Brown & Sierra Vista. The defendants, an aunt and the mother of the one girl, were caught on video encouraging the violence. The video was discovered by the parents of the other teen. The Fresno County Sheriff's Office dispatched deputies to track down the women based on the videotaped evidence. Both were arrested and have been booked into Fresno County Jail.

You have the right to remain silent: Exercise it.

Continue reading "Advice from a Fresno defense lawyer: Social networks are not your friend" »

Its hard to imagine a more necessary element in the Fresno County judicial system than a court to help process cases for mentally ill offenders. Fresno's behavioral health court serves an important function in that the court deals with mentally ill criminal defendants who would often would not receive the services they need to fundamentally change their lives. It is all too common situation that Fresno criminal defense lawyers face- client's who are charged with criminal offenses, in large part, due to their mental infirmities. It is a tough situation. As a criminal attorney in Fresno, I often have clients who are not to the point that they mentally incompetent to stand trial, however, they have mental illnesses that contributed to the commission of the crime.

Instead of just shuffling people off to jail and the California Penal system, Fresno's behavioral health court aims at placing criminal defendants with mental health problems in drug programs and in other treatment programs to help them get a handle on the root cause of their issues. However, in this uncertain economic time, Fresno County hopes to slash costs by eliminating the court. This, however, will, in the long run, only result in increased costs for housing criminal defendants with mental illnesses in local jails and California prisons. The net effect will be that people who would not otherwise reoffend if they received the needed treatment, will come back time and time again on new charges. This will also result in more people becoming the victims of mentally ill offenders in the future.

According to a recent study conducted at the behest of California's high court, more than half of the offenders incarcerated are afflicted with some form of mental illness. Fresno's behavioral health court tackles this problem head on to give offenders the chance they need not to reoffend, but to re-establish their lives as productive citizens. This same report, generated at the behest of the California Supreme Court, states that mental health courts can help curb future offenses by mentally ill offenders. As outlined by the study, the reduction in future offenses may be as high as 45 percent.

As a Fresno criminal attorney, in my private practice I often deal with clients' who are suffering from mental illness. It is a shame that Fresno County is placing is being fiscally shortsighted. In the final analysis, the end of this court will only mean higher future costs for incarceration and prosecution of future crimes.

About 6 months ago, a lady came to see me because she had read my page on gang offenses on this website and thought that I might be a good match to represent her grandson on some very serious charges. She had already hired an attorney who she wasn't unhappy with, but felt as though she needed somebody who really knew what they were doing in the criminal arena. Her grandson was standing accused of some heavy duty offenses, four counts of attempted murder to start. Later that would turn into 14 counts, four counts of attempted murder, gang enhancements, shooting at an inhabited dwelling, multiple charges of assault with a semi-automatic weapon and first degree residential burglary. Really, other than a completed homicide, the case could not get more serious.

Well to cut to the chase, I decided to take on the challenge and represent this young man. In the course of our investigation, and much credit goes to my investigator Robert O'Day and Searchlight Investigations, we discovered several witnesses who were willing to testify to the truth- that my client was several hundred feet away from where this incident occurred and where the shots had been fired at the victim.

Despite some hesitance on the part of some of our witnesses, we eventually had our day(s) in court. Today, we saw that justice is still alive, the court decided that due to the state of the evidence, the charges against my client, and the other two kids who were charged, could not be found to be true beyond a reasonable doubt. The juvenile petition was not sustained and my client was set free. It will probably be one of those trials that I will look back on after my career is over, with pride that wrongs were righted and, just maybe, we helped save that young man's from a lifetime in California's penal system.

Tonight I'll sleep a little bit better knowing that our constitution isn't quite dead yet and it still may be possible to get a fair trial in this country. To be honest, sometimes I get jaded by what I sometimes jokingly refer to as the "criminal injustice system." One day I was in court and this prisoner turned to me and said to me: you know why the call it justice don't you? I said, "no, why?" In response, he said, "because its just-us." Well, today, perhaps, that may not be the case.

A 47-year-old man is under arrest for allegedly shooting a man who was stealing marijuana from his garden, ABC30 reported.

Marijuana charges in Fresno are common, even with the push to legalize marijuana on the November ballot. In this case, the defendant and several others who live at the residence are medical marijuana patients and thus permitted to grow small amounts of marijuana for personal use.

The media has not yet reported what charges the man faces. He apparently shot at a truck that had backed through a fence and onto his property, where several defendants allegedly stole several large marijuana plants late Wednesday night. The 40-year-old victim was shot in the head and is not expected to survive, according to police.

Generally, a burglary suspect that enters a home can be shot as the law presumes an owner has the right to feel mortally threatened. The law is less clear about burglars who are on a person's property. And shooting a fleeing suspect, as could be the case here, could lead to charges in either situation.

Authorities have also not disclosed whether the suspects were armed.

It will be important for the defendant to hire an experienced and aggressive Fresno criminal defense attorney to protect his rights. The fact that the alleged theft involved marijuana -- and legal marijuana at that -- should have no bearing on this case. Unfortunately, authorities may not treat him with the respect he deserves as a threatened homeowner.

Police are questioning the woman who was driving the pickup and are continuing the search for several men who fled the scene.

The San Jose Mercury News report is available here.

Continue reading "Criminal charges pending in Fresno against marijuana patient who reportedly shot burglar stealing pot plants" »

Last week, a Fresno father who allowed his son to get a tattoo of a dog's paw was sentenced to six years in prison. The story unfolded when Enrique Gonzalez' 7-year old son begged his dad to let him get a tattoo. Enrique's friend, Travis Gorman, who was already giving Enrique a tattoo, tattooed a small dog's paw (a symbol of the Fresno bulldog street gang) on Gonzalez's son. From this seemingly innocuous event, a criminal trial and general uproar would ensue. Incredibly, the Fresno DA's office charged Enrique Gonzalez with aggravated mayhem (intentionally disfiguring his son) for the benefit of the bulldog gang.

It is important to note that aggravated mayhem carries the potential of a life sentence with the possibility of parole (see Penal Code §205). Generally, mayhem is charged where a person has been seriously disfigured, for example a stab wound to the face would qualify for such a charge. The law specifies that "permanent disability or disfigurement of another human being" or depriving "a human being of a limb, organ, or member of his or her body" qualifies under the law as aggravated mayhem. However, it seems that the prosecution of this case was a clear example of the "war on gangs" going overboard.

This case did not seem to support anything more than a felony or misdemeanor prosecution in this case for possible child abuse (Penal Code §273(d)). Unfortunately, as a Fresno Gang Crime Defense Attorney, I've experienced the hand of injustice when it comes to prosecution of gang offenses.

A case in point is a case I had several years ago, where a young man was accused of being a member of the Hoover Crip Street Gang due to the fact that he was wearing an orange shirt. As a Fresno criminal lawyer, I defended this young man after the arresting officer claimed that it was common knowledge that members of the Hoover Crip Street Gang wear the color orange.

With that scant bit of information, the Fresno County District Attorney's office added several gang enhancements to the criminal complaint. While these gang enhancements were ultimately dropped, it served up a reminder of the fact that gang prosecutions can go way over the line. Working as a Fresno Criminal Defense Lawyer, I've seen many instances of overzealous prosecution when it comes to gang crimes. And I think that is exactly what took place in this case.

Whatever happened to common sense? Six years because some father made an idiot decision to give his son a small tattoo? While clearly lacking in rudimentary common sense, it was far from being a crime where someone should be carted off to the State pen for six years. Also, how about us the tax payers? Are we really served by having to provide room and board for Enrique Gonzalez while he sits in prison for the next six years. That I think is the real crime. Maybe the Fresno DA's office should be prosecuted for wasting our money and our resources by putting Mr. Gonzalez in prison for the next six years.

Continue reading "Fresno Tattoo Case Ends with Dad Getting Stiff Prison Sentence" »