January 2011 Archives

January 28, 2011

Connection Questionable between Car Thefts in Fresno and Early Release from Jail

We read with skepticism claims by authorities that car thefts in Fresno are on the rise because of early jail releases. The Fresno Bee reports Chief Jerry Dyer said the city is on pace to see 6,900 vehicle thefts -- a rate not seen since 2002.

Sorry, but two weeks does not an accurate statistical block make. Such allegations are a common tactic of police and fire departments when budgets are lean. Without more money, criminals will run loose in the streets and your home will burn down while an understaffed fire department struggles to respond. Fresno criminal defense attorneys will tell you that such releases occur all the time.
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Perhaps they have a minimal impact on the overall crime rate via a few chronic criminals. But typically those who are released have been charged with petty, non-violent crimes.

The Bee reports 7,175 vehicle thefts were reported in Fresno in 2002, compared to just 4,529 last year.

Clovis car thefts jumped more than 20 percent to 383 last year. Sanger car thefts are also reportedly on the rise. Other areas have seen a decrease, including Oakland, Sacramento and Los Angeles.

In fact Los Angeles reported a 9 percent reduction despite jail overcrowding that has inmates serving an average of just 15 percent of their sentences. Meanwhile police contend car thefts in Fresno began declining in the 1990s when the jail was expanded. They bottomed out in 2009.

About 15,000 inmates have been released since August of 2009 when staff cutbacks forced a reduction in the jail population. Police blame a significant number of car thefts on gang activity.

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January 22, 2011

Disposition of sex crimes in Fresno area illustrate need for aggressive defense

The Fresno Bee is reporting a 62-year-old man is facing charges of sexual assault in Fresno, in a case involving an 8-year-old girl.

The defendant was arrested at his East Washington Avenue home after a report by the girl's mother. A spokesman for the sheriff's department said the assaults may have begun four years ago.
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A Fresno criminal defense attorney must always aggressively defend a client against allegations of sex crimes. Such crimes can have a dramatic impact on a defendant's life. In the event of a conviction, sex offender registration and other intrusive requirements can mandate that you pay for a crime long after you have finished serving your sentence. Even if you are found not guilty, aggressive defense of your reputation is frequently required to combat damage caused by the media and others who presume guilt merely because you have been charged.

Particularly when allegations involve a child, such charges can be difficult to overcome, despite the fact that defendants are sometimes wrongly accused. Divorce or domestic arguments, in particular, can give rise to such false allegations. And Internet sex crimes may also damage a defendant's reputation and require the experience of an aggressive defense lawyer in Fresno who has the necessary knowledge and experience to handle allegations of computer crimes.

Tragically, it is not unusual for a defendant to be so embarrassed by such charges that he quickly accepts a deal from prosecutors, particularly if it includes no jail time. Meanwhile, prosecutors may offer a deal because such cases are difficult to prove. And the resulting probation, sex offender registration and other requirements of a conviction can be far more intrusive than a defendant ever imagined.

The Santa Ynez Valley News reported recently reported that a convicted sex offender was granted probation after allegedly trying to coerce a 14-year-old boy into a van in August 2009. He was also sentenced to six months in jail, despite a request by prosecutors that he be sentenced to 12 years in prison.

He would otherwise have faced up to 6 years in prison but sentencing guidelines permitted a doubling of the sentenced because of a prior conviction for child molestation in Fresno County. His defense attorney said the sentence was fair and that prosecutors presented no evidence to support such a harsh sentence.

In other news, the Fresno Bee reports an Avenal State Prison guard was sentenced to 6 months in jail and three years or probation after pleading no contest to oral copulation with a 15-year-old girl.

In addition to jail time and probation, the Fresno County District Attorney's Office reports the defendant will also have to register as a convicted sex offender.

Being treated fairly by the system is possible, even when dealing with allegations of sex crimes. But hiring a qualified and experienced criminal defense attorney is vital to protecting your rights and your freedom in the wake of such charges.

Continue reading "Disposition of sex crimes in Fresno area illustrate need for aggressive defense" »

January 17, 2011

Theft, burglary and robbery charges best left to experienced Fresno defense attorney

A 33-year-old man wanted on charges of robbery and assault in Clovis has been arrested by police, the Fresno Bee reported.

The defendant is one of four men believed to have attacked a man at a Clovis residence in November, according to police. The defendant, who police say is a wanted parolee, was found and arrested at a South Argyle Avenue apartment. He was booked into Fresno County Jail on suspicion of armed robbery, kidnapping and assault.
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In other news, a 35-year-old man is facing charges of burglary in Visalia.

Police say the victim reported returning home shortly before Christmas and finding two men trying to ransack his house on West Country Avenue in Visalia. The men drove away in a white Honda Accord but the victim reported the license plate number to police.

A Fresno criminal defense attorney should always be called to handle robbery or burglary charges. How a defendant is charged can have a major impact on a case. Robbery and burglary are distinct crimes that each carry their own sentencing guidelines upon conviction. Robbery, which generally implies violence or the threat of force to a person who is at home at the time of the theft, is a more serious charge.

Whether a gun was used and whether a person was injured in the commission of a theft crime can also impact how a defendant is charged. Gang enhancements may also increase the potential penalty.

And frequently innocent parties are unfairly charged with receiving stolen property or obstruction of justice in connection with a theft crime and the subsequent investigation. In short, the state can charge you with whatever it wants. It's what you are convicted of in a court of law that matters. Your attorney will thoroughly review your case and help you decide upon the best course of action. Sometimes fighting a charge at trial is the best bet for protecting your rights. In other cases, challenging evidence or seeking a reduction or dismissal of the charges may offer the best outcome in your particular case.

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January 8, 2011

Juveniles crimes in Fresno require aggressive defense

A 17-year-old teen has pleaded no contest to manslaughter charges in Fresno in connection with the shooting death of a man outside a Denny's restaurant last year, the Mercury News reported.

Hiring an experienced Fresno juvenile defense lawyer is critical to protecting the rights of young people charged with serious crimes. In this case, the teen is scheduled to be sentenced to 21 years in prison. He had initially be charged with murder, which carried a possible sentence of life behind bars.

The defendant had previously insisted that he was acting in self defense.
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In other news, three teenagers are facing burglary charges in Fresno and charges of receiving stolen property after police say $8,000 worth of musical instruments and sports memorabilia was stolen from Mountain View Community Church. Burglars also took $1,600 in cash.

After investigating, police claim they received consent from the three teens to search a house on East Pontiac Way, where the stolen items were allegedly recovered. A Fresno criminal defense attorney will likely challenge the probable cause for the search in this case. When it can be proven that police acted inappropriately in searching a residence, the evidence can be thrown out, which typically results in a dismissal or reduction of charges.

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