Fresno Criminal Lawyer Blog

Two men face criminal charges for a Fresno car chase, which ended in West Fresno after police fired shots at the vehicle, CBS 47 said.

A Fresno criminal defense lawyer should always be called in the wake of a serious or fatal car chase by police. A proper Fresno traffic defense will entail determining whether police followed proper procedures, designed to protect all involved. The truth of the matter is that few offenses justify the dangers to which authorities subject both the defendants and the public when a car chase occurs.

This case is complicated by the fact that police fired an unknown number of shots at the vehicle after alleging it attempted to ram a California Highway Patrol cruiser.

The rules and regulations surrounding proper conduct in a car chase are only surpassed by those governing how and when an officer may discharge his or her weapon. If a thorough review of the case reveals improper conduct by officers, either during the chase or as a result of discharging a weapon, an experienced defense attorney may well be able to seek a reduction or dismissal of the charges.

Police report the chase began about 1:30 a.m. after police stopped the car and an officer noticed a gun in the vehicle. The car eventually spun out in a Cul de Sac at Providence and Pima near Clinton and Blyth avenues.

FOX26 reported that both men are in custody on felony charges, including attempted murder of a police officer.

Continue reading "Charges resulting from car chases, police shootings, require experienced Fresno defense" »

A 34-year-old man was arrested and charged with felony DUI and murder in Fresno after a Thanksgiving Day traffic accident.

It will be imperative that a DUI defense lawyer in Fresno be hired to represent the driver in this case. Unfortunately, the media is reporting that the driver has a history of alcohol-related driving violations. Such tragic circumstances are one reason why a driver should always fight to keep a drunk driving charge off his or her record.

DUI charges are often beatable, especially for a first offense or cases in which there is no accident or injury. Having a conviction on your record can increase the chances of being stopped and arrested again in the future. And the tiered nature of California's DUI laws call for increased penalties for repeat offenders. Additionally, states are continuously increasing the penalties for conviction and there is even talk of further lowering the .08 legal limit. It ranges from .02 to .05 in many other countries.

Defending yourself against DUI charges in California also requires fighting for your rights to drive at a DMV Administrative Hearing, which is separate from the criminal courts process.

In this case, ABC30 reported that the defendant lost his license for a DUI last year.

Police say he rear-ended an SUV while driving an El Camino, killing a man and critically injuring his girlfriend.

The California Highway Patrol said witnesses reported that the El Camino was swerving and traveling at a high rate of speed prior to the crash.

Investigators say they were already looking for the car after an accident on Highway 99 near Ventura.

Media reports indicate the defendant served 62 days in jail and was ordered to complete an alcohol program as a result of last year's DUI arrest. He was also convicted of DUI in 1997 and has been arrested several times for driving without a license.

At least 8 other people were charged with drunk driving after being arrested at sobriety checkpoints in Fresno over the Thanksgiving holiday weekend.

Continue reading "Fresno DUI accidents results in murder charges " »

As Fresno Criminal Defense Attorney, I am often confronted with the Miranda question. Clients will often bemoan the fact that police officers did not read them their Miranda rights prior to placing them under arrest. This is by far the most common complaint that clients raise when I see them in my office. Miranda v. Arizona 384 U.S. 436 (1966), has become one of the most famous cases of all time. It's fame if, of course, due in large part to t.v. crime dramas such as Law and Order and old episodes of Hill Street Blues.

However, Miranda warnings only come into play if the cops want to use a statement against you in court. Many lay people in Fresno, and the rest of the United States, commonly believe that if the police don't read you your Miranda warnings. However, the landmark case of Miranda v. Arizona led to a singular holding that police must warn people of certain rights if they are in police custody and the police are interrogating them.

The reason behind Miranda is that people should be reminded that they have certain rights bestowed upon them by the U.S. Constitution and they can invoke those rights at anytime. Custody means that you are in effect not free to leave. A brief roadside detention has been ruled not to constitute a custodial situation. (see Berkemer v. McCarty 468 U.S. 420 (1984).) In other words, Miranda warnings are triggered when there is custodial interrogation.

In addition, the remedy for a violation of Miranda is that the statement is rendered inadmissible in court and any evidence obtained from the statement is inadmissible, unless the police can trace their discovery of that evidence to an independent source.

The case will not be tossed out just because the police did not read you your Miranda rights unless Miranda was triggered by a custodial interrogation situation and their case hinges upon evidence obtained as a result of your statement. This is not an uncommon situation, however, how Miranda works is not properly understood by many people outside the legal community. And for good reason, it is extremely confusing. Any case where the lack of Miranda warnings is a real issue, should be vigorously pursued by an knowledgeable Fresno criminal lawyer.

Continue reading "Fresno Arrests and the Reality of Miranda Warnings " »

The recent arrest of 18 suspects on domestic violence in Fresno is a reminder of the seriousness with which such charges are treated by authorities.

Domestic violence or assault charges are among the most intrusive criminal charges a defendant can face and should always be handled by an aggressive and experienced Fresno domestic violence defense lawyer. Restraining orders can prevent you from returning home or seeing your children, and loss of reputation among friends and family and even job loss commonly result. If convicted, jail time, treatment and lengthy probation and reporting requirements are commonplace. And a domestic violence conviction can prevent you from owning a firearm or working in certain types of jobs, including law enforcement and the military.

In this case, suspects with a history of domestic violence were targeted by 50 law enforcement officers, who spent the day serving arrest, search and probation warrants. Eighteen people were arrested, including six alleged gang members, and one firearm was recovered.

KMPH News reported it was the fourth such domestic violence sweep conducted this year by Fresno Police, with more sweeps planned through the upcoming holidays.

Under California law, a prosecutor will decide whether your domestic violence charge is a misdemeanor or felony. A domestic violence conviction in California will result in 52 weeks of mandatory counseling, 40 hours of community service, a no contact order with the victim, fines, court costs and jail time.

A misdemeanor domestic violence charge is punishable by up to 6 months in jail; a felony conviction carries a penalty of up to three years behind bars.

Continue reading "Fresno domestic violence sweep illustrates need to keep conviction off your criminal record" »

Authorities will be out in force through the upcoming Thanksgiving Holiday weekend, conducting sobriety checkpoints and other enforcement efforts aimed at drunk drivers.

Our Fresno drunk driving defense lawyers reported not long ago on our Fresno Criminal Lawyer Blog that Fresno leads the nation in the number of drunk driving checkpoints.

A Halloween DUI checkpoint resulted in the arrest of 16 defendants on DUI charges in Fresno, the Bee reported.

Law enforcement officers must comply with strict rules and regulations when conducting DUI checkpoints and the resulting charges are often beatable in court by an experienced Fresno criminal defense lawyer. Enhanced enforcement efforts around the holidays also put added pressure on police officers to make arrests, which in turn results in questionable arrests and marginal cases.

Unfortunately, motorists too often fail to take the charges serious enough. A drunk driving conviction can easily cost you $10,000 or more in court costs, legal fees, increased insurance premiums and other charges. A conviction on your record will have consequences for years to come and can make it more likely that you will be stopped and cited again in the future. The tiered nature of California's DUI penalties means the penalties for a subsequent DUI conviction are much more severe and can result in lengthy jail sentences and years without your license.

And the ever-increasing pressure to toughen DUI laws means the penalties for a future violation will likely be that much more severe.

Continue reading "Thanksgiving enforcement means sobriety checkpoints, DUI charges in Fresno" »

In two recent California Supreme Court cases entitled, In re Pope and People v. Duff , with a decision issued on August 19, 2010, the California high court decided that a defendant is still subject to reduced time credits for good behavior when he or she is convicted of a violent felony even when the sentence for the violent felony is stayed.
In these two respective cases, the Supreme Court whether Penal Code section 654 (which prohibits sentencing on two counts where they both involve the same conduct) and Penal Code sections 2933.1, subdivision (a) and 2933.2, subdivision (a). Penal Code section 2933.1, subdivision (a) serves to reduce time credits for violent offenders. If you are convicted of a violent offense, generally, time credits are limited to 15% from day one. Penal Code section 2933.2 eliminates time credits altogether for those convicted of murder as defined in Penal Code section 187.

As of January 2010, you would normally be awarded time credits of 50% on non violent, non serious felony convictions (see Penal Code §2933 (e).) As a Fresno Criminal Defense Attorney, many of my clients want to know the implications that the law will have on their time credits and custody status- this case is one important example of why it is critical to read case law updates.

When a conviction is subject to section 654, the court is to impose the sentence for the higher term and impose, but stay, the imprisonment for the lower term. In this recent case, the supreme court decided that it doesn't matter if the sentence is stayed for the violent offense or a homicide (if they happen to be subject to 654 and stayed due to the fact that they were the shorter term), if you've been convicted of either a violent offense or murder you are subject the time credit limitations in Penal Code section 2933.1 and 2933.2. An experienced criminal attorney in Fresno should know these implications that may surround a conviction in the California criminal courts.

Whew!! I know that was probably hard to follow. This case points out the reason why a competent and qualified Fresno Criminal Lawyer is essential for your defense if you've been charged with a violent offense or murder in Fresno, California. Changes in the law happen every day; this case shows why it is important to stay on top of the law.