Fresno Criminal Lawyer Blog

Eighteen defendants were arrested on gang charges in Fresno, including 11 wanted on murder charges in Fresno County.

CBS47 reports hundreds of officers and dozens of law enforcement agencies targeted the homes in the southeast area of the county.

Fresno defense lawyers must frequently defend clients against gang charges by overzealous prosecutors. Gang enhancements can lead to harsher punishments and are usually considered "strike" crimes under the state's Three Strikes Law. The state has more than 30 different criteria it can use to charge someone as a gang criminal.

Of course, charges do not get more serious than murder. But we have discussed before the shaky nature of such cases when arrests are made as part of a large sweep. Law enforcement and state prosecutors get their day on television -- months later, when many of the cases are dropped or drastically reduced, little or nothing is reported.

The reality is that the state did not suddenly make 11 murder cases, unless it is relying upon unnamed informants, jailhouse snitches or other questionable evidence. Frequently, investigators hope such mass arrests prompt at least some of the defendants to begin talking to authorities. Often, the best evidence against a defendant is statements made to police after arrest.

In such cases, in fact in all cases, we urge you to remain silent and invoke your right to an attorney. At this stage in the process, you are not going to talk yourself out of trouble and whatever you do say could conflict with your defense strategy down the road.

You have the right to remain silent: Use it.

During the arrests, police also reported seizing 20 pound of marijuana, a grenade launcher and a grenade, as well as 30 other weapons.

Continue reading "Gang charges, murder cases in Fresno require experienced and aggressive legal representation" »

Fresno's recent ban on outdoor marijuana gardens highlights the increasing complexity of dealing with marijuana charges in Fresno and the surrounding area.

Fox26 reports that the Fresno County Board of Supervisors moved last month to make outdoor marijuana gardens illegal. Whether or not the state's marijuana legalization issue -- Proposition 19 -- passes in November, confusion over the state's marijuana laws is likely to continue to get defendants in trouble for the foreseeable future.

As the state's medical marijuana law continues to come under assault by amateur politicians, laws that infringe upon the rights of medical marijuana patients, dispensaries and growers are becoming commonplace. Those facing any type of criminal charge involving marijuana should consult an experienced Reno defense lawyer.

Meanwhile, Governor Arnold Schwarzenegger signed a law last month that reduces possession of up to an ounce of marijuana from a misdemeanor to an infraction, no more serious that a traffic ticket. The maximum fine remains $100. But possession of more than an ounce of marijuana, possession with intent to distribute, cultivation charges or possession of drug paraphernalia can result in more serious charges. It is often such peripheral charges that result in a defendant facing significant penalties. Additionally, having a drug conviction on your record can have a wide range of consequences for years to come, including the inability to hold certain jobs or occupational licenses and an inability to qualify for certain types of government assistance, including financial aid.

Even if Proposition 19 passes, possession of more than an ounce of marijuana or possession of marijuana by a defendant under the age of 21 will remain a crime. And cultivation will be limited to a 25 square foot area, or a 5X5 area about the size of a card table.

Continue reading "Consult a Fresno defense attorney if facing criminal charges involving marijuana" »

Drug Enforcement Agency (DEA) special agents conducted a bust of a drug ring operating on California's West Coast (reported by the Modesto Bee.) The government agents arrested 11 suspected members of the organization along with a cache of drugs, weapons and money. As a Fresno criminal attorney, I have handled several complex and serious drug related offenses such as this one in Federal and State court.

As detailed by the head of the DEA operation, Scott Baker, the agents followed a suspected drug supplier, Roberto Martin Mendoza Ballardo, to Fresno, California. The DEA watched as Ballardo met with several associates in the Fresno, California area this last week. After a suspected drug related meeting, investigators pounced and detained a vehicle leaving the scene. Secreted inside the vehicle was $200,000.00 in cash. Defendants arrested in a narcotics case often need the assistance of a Fresno drug defense attorney to fight the government seizure of property. Swift deadlines mean that a drug attorney in Fresno must move quickly to fight an impending forfeiture.

DEA agents then tracked Ballardo to Eugene, Oregon where he was arrested along with his girlfriend, Patty Monson. The agents also confiscated 8 pounds of methamphetamine in Ballardo's vehicle. The total seizure amounted was over 20 pounds of combined narcotics, including methamphetamine, heroine and a half-pound of cocaine. The DEA also found a gun and quarter million in cash. It is important to find a knowledgeable Fresno criminal lawyer if you are charged with possession of narcotics and a firearm, since in both Federal and State court, possession of a firearm may mean increased penalties.

In all, agents recovered 11 pounds of methamphetamine, 9 pounds of heroin, a half-pound of cocaine, one handgun and about $250,000 in cash. They arrested suspected drug runners in Fresno, Merced, Santa Maria, and the Modesto and Riverbank area. Ballardo is suspected of obtaining his drugs from Mexico and distributing narcotics throughout the Central Valley and the rest of the United States. It is essential in any narcotics case to obtain the assistance of a knowledgeable Fresno criminal lawyer.

Read Modesto Bee Article here, Riverbank man seized in drug case .

A police officer is facing DUI charges in Fresno after being arrested in connection with a drunk driving accident as he was exiting an apartment complex on Friday evening, ABC 30 reported.

Officer David Surabian was charged with DUI and misdemeanor hit-and-run after he ran head-on into a vehicle that was entering the complex, according to Chief Jerry Dyer.

Surabian left the scene after the accident. Police searching the area found his vehicle in a shopping center and an allegedly intoxicated Surabian in a nearby restaurant. Neither Surabian nor the victim were injured, police reported.

The officer had been on unpaid leave prior to the incident and will continue on that status, according to the department. Why he was previously on unpaid leave has not been revealed.

Frequently, a Fresno DUI defense lawyer is hired by a defendant who is most concerned about losing his or her job. Charges like drunk driving or domestic violence can be particularly devastating to members of law enforcement. When only avoiding a conviction will save a client's job, a thorough defense must be prepared for trial. But in other cases, pleading to a reduced charge might be in the client's best interest. And an experienced attorney can often work with a client to mitigate the consequences of a drunk driving arrest.

Court hearings, mandatory classes or jail time, community service and other court obligations can often be scheduled around work or can be served on weekends or with vacation time. Driving privileges for work may be obtained. And other steps can be taken to limit the impact of a drunk driving charge on a client's life.

Those who choose to plead guilty without representation, however, typically forfeit their ability to make such arrangements and instead must deal with all of the consequences that come with a DUI conviction, including skyrocketing insurance premiums, probation, and a permanent criminal record.

Continue reading "Hit-and-run DUI accident leads to arrest of Fresno police officer" »

The Bay County Citizen published a report contending that prosecutors are rarely punished for misconduct. It comes on the heals of a report by USA Today that examined more than 200 cases of wrongdoing by federal prosecutors, which led to false arrests and wrongful convictions and imprisonment.

Hiring an experienced Fresno criminal defense lawyer offers you the best chance for a fair trial and fair treatment by the criminal justice system. The Bay County Citizen reports hundreds of cases of witness intimidation, withholding evidence and other wrongdoing. From a practical standpoint, one of the most frequent abuses defense attorneys see is the use of inmate testimony or other "eye witness" testimony from unreliable sources.

Such testimony can devastate a case and is too often given by an inmate in exchange for leniency or some other form of consideration. Other "eye witness" testimony can come from a witness with an agenda or a witness that is simply mistaken. Frequently, such testimony can have a negative impact on a defendant's case and is the primary reason why your defense lawyer should advise you not to speak about your case with anyone -- not friends, not family and most definitely not fellow inmates in jail.

The report found that, in cases where prosecutors intentionally commit acts of misconduct, they are rarely punished. A 13-year-study of 707 cases by the Northern California Innocence Project at the Santa Clara University School of Law found that only six prosecutors were disciplined by the California Bar Association, even in cases in which misconduct led to convictions being overturned.

A total of 67 prosecutors committed acts of misconduct more than once.

The study tracked misconduct during criminal trials between 1997 and 2009 and said that courts frequently failed to report misconduct, state Bar Associations rarely investigated it, defense attorneys failed to protest it and prosecutors have few internal policies to prevent it.

Your best defense against being victimized is an aggressive offense; hiring a veteran Fresno defense attorney with the knowledge and experience to fight for your rights is always your best defense against criminal charges - regardless of the behavior of opposing counsel.

Continue reading "Experienced Fresno defense lawyer your best defense against prosecutorial misconduct" »

Fresno Police Department Officer, Brian Phelps, is lucky that he was not seriously injured when a fleeing driver at a Fresno DUI checkpoint took off, dragging Phelps with him. I have had the pleasure of cross-examining Officer Phelps in court and at several DMV hearings in Fresno. Despite the obvious adversarial nature of my job as a Fresno DUI Attorney, I'm very grateful that Officer Phelps was not badly injured and I hope he makes a full recovery.

It goes without saying that I have a job to do and the police officers have their jobs to do. Ultimately, I have a great deal of respect for police officers and the service they provide to me, my family and the rest of the community. As a Fresno criminal defense attorney, my job is to point out the mistakes and protect people from erroneous convictions- not to take things personally.

Apparently, Officer Phelps was working at a Fresno area DUI checkpoint, when the driver in this case, Richard Caldwell approached the checkpoint. Officer Phelps tried to remove a cup containing alcohol from the motorist when he hit the gas and lurched forward. Phelps, apparently, was half inside the vehicle and he went about 20-30 feet sticking out of the vehicle.

Caldwell, who is an active parolee, was driving a stolen truck and did not have a valid driver's license. Amazingly, officers also saw him pitching stolen credit cards from his window as they were following him. Drivers cited at DUI checkpoints, who actually stop for the police, are usually well advised to look for aggressive Fresno DUI lawyers to handle their case.

The fortunate part of this story is that Officer Phelps walked away from the incident with minor injuries. However, this incident also highlights the lengths some people will go to avoid getting caught. Working as Fresno criminal defense lawyer, I am often confronted with sticky situations clients often get themselves into, however, despite the odds, it's always important to tackle the case as aggressively as possible.

KMPH News: DUI Dangers: Fresno Officer Hurt at Checkpoint