February 2011 Archives

February 28, 2011

Man faces federal sex crimes in Fresno for allegedly pimping teens

A 21-year-old man is facing federal criminal charges in Fresno after being accused of sex trafficking minors, The Capitol reported.

A federal defense lawyer in Fresno will need to represent this defendant. The rules and laws are different in federal court; it's not enough to have an experienced attorney. An attorney experienced in handling federal criminal defense -- and specifically sex crimes in federal court -- should handle this case.
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These are always sensitive cases. It's important to remember that a defendant is entitled to the benefit of the doubt until and unless he is proven guilty in court. Sometimes, sex crimes, and particularly those involving children, often carry their own stigma, whether or not a defendant is ever convicted. Unfortunately, a defendant may try to talk his way out of trouble, cut a quick deal, or plead guilty in an effort to put an embarrassing situation behind him. This is a mistake. A conviction for a sex crime will follow a defendant for years and reporting as a sex offender may be required for the rest of his life.

The best option is to seek a consultation with an experienced defense lawyer in Fresno as soon as possible after charges are filed, or once it is determined that you are the target of an investigation.

In this case, the 21-year-old Fresno resident is accused of recruiting or maintaining three girls to engage in commercial sex acts with knowledge that they were not yet 18 years old. The alleged crimes occurred from February to November 2009.

The indictment alleges the crimes were carried out for the financial benefit of the defendant.

ABC 23 News reports
the victims ranged in age from 12 to 17.

If convicted, the defendant faces 10 years to life in prison on each count.

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February 24, 2011

Property crimes a common charge in Fresno, including burglary, robbery, carjacking, shoplifting

Fresno burglary charges and charges involving other property crimes, including robbery, shoplifting and auto theft, are among the most common criminal charges in Fresno County and throughout California.

A Fresno criminal defense lawyer will seek a reduction or dismissal of the charges on your behalf. Being convicted of a property crime can follow you for years, or even decades, and may make it difficult to hold certain jobs or retain or maintain employment.
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In general, shoplifting and some other forms of petty theft may be filed as misdemeanors. The value of the item can elevate a theft allegation to the level of a felony, as happened recently to Lindsay Lohan, who was accused in the theft of a $2,500 "one-of-a-kind" necklace. In such cases, a defense attorney may challenge the value of the missing items.

In cases where physical force, or the threat of physical force, is used, a felony robbery charge may be filed. Such cases are much more serious, just as a case of carjacking is more serious than the theft of an unoccupied vehicle. Additionally, the presence of a gun in the commission of a theft crime may lead to more serious charges.

Receiving stolen property is another common charge. These charges are often beatable but are frequently threatened or filed by detectives seeking information about a theft crime. Regardless of the promises made by a law enforcement officer, keeping your mouth shut and contacting an attorney is always the best course of action.

A sampling of recent property crimes in Fresno includes:

-The Fresno Bee reports a 26-year-old Fresno man is facing a robbery charge in connection with the robbery of a Jack in the Box in south Fresno last week. Police say he was unarmed but told employees he had a weapon and demanded money. He left with an undisclosed amount of cash. Detectives report using surveillance video and witness reports to identify the suspect. He was taken into custody at his home near the restaurant on Sunday.

-A 24-year-old man is facing charges of carjacking in Fresno after incidents in parking lots off East Kings Canyon Road. Police say he dragged a 34-year-old woman from her vehicle on Dec. 20 and a 66-year-old woman from her vehicle on Jan. 27. Police say he confessed to both crimes, according to the Bee.

-The Bee reports a traffic stop led to the arrest of a Clovis burglary suspect. Several men in the area are believed connected to a number of residential burglaries.

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February 15, 2011

Arrests at Fresno DUI Checkpoints should be Contested by Experienced Defense Lawyer

Police arrested nine for drunk driving in Fresno after a Friday night checkpoint in the northwest policing district, according to the Fresno Bee.

A Fresno criminal defense lawyer should always be called to aggressively defend clients who are arrested for drunk driving, particularly when a charge comes as the result of a law enforcement roadblock, or a so-called "sobriety checkpoint."
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In all, 39 vehicles were impounded because a driver allegedly lacked a valid driver's license or was arrested for driving under the influence of alcohol. This follows 10 arrests for DUI on New Year's Day, during which 27 vehicles were impounded in the wake of a DUI saturation patrol.

In other recent enforcement action, 8 were arrested the weekend of Jan. 9 for DUI during sobriety checkpoints in Fresno and Visalia; and 33 were arrested the following weekend. Due to the fact that sobriety checkpoint detentions can be contested, most people are advised to seek guidance from an experienced Fresno DUI Attorney.

As we reported on our Fresno Criminal Lawyer Blog, the number of DUI checkpoints in Fresno ranks the area number one in the nation for this questionable law enforcement tool.

Statistics show a very small percentage of overall drunk driving arrests result from sobriety checkpoints, which endanger both officers and the motoring public. We reported last year when an officer was dragged at a DUI checkpoint in Fresno.

However, they generally pay overtime and are beloved by law enforcement as a means of showing the public proactive enforcement efforts.

They are also an infringement on a motorist's right against unlawful search and seizure. As a nod toward this most basic right, courts have narrowly and specifically defined the conduct of law enforcement conducting such checkpoints. As a result, there are substantially more grounds to contest such an arrest than even those that are available for a traditional DUI stop.

The consequences of a DUI conviction are numerous and may include job loss, jail time, license suspension, fines and court costs, mandatory treatment and increased insurance premiums. A subsequent arrest may also be more likely once you have a drunk-driving conviction on your record and the penalties for a repeat offense will be substantially more severe. These serious repercussions are an important reason to speak with a thorough and attentive Fresno DUI Defense Attorney.

Consulting an experienced attorney is the best bet when it comes to fighting for your rights in the wake of a drunk driving arrest in Fresno or the surrounding area.

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February 5, 2011

Federal Fraud Charges filed against Tax Preparer in Fresno

A 41-year-old Bakersfield woman is facing fraud charges in Fresno after a grand jury indicted her on dozens of counts of defrauding the IRS, according to Bakersfield Now.

A Fresno federal criminal defense lawyer should always be consulted when a client has been charged by the U.S. government. The laws and rules are different in federal court. Experience in the state courts of California is not sufficient when it comes to choosing an attorney to defend against federal criminal charges.
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In this case, the Internal Revenue Service accused the defendant of 29 counts of fraud through her tax preparation business. She is accused of fabricating information on returns, including deductions, losses and income, that were not claimed by taxpayers.

She allegedly engaged in the activity to generate refunds for her clients, which would allow her to charge higher fees. She faces up to three years in prison on each count, as well as a $250,000 fine, supervised release and restitution.

The Central Valley Business Times reports refunds were generated for more than 90 percent of clients who used the defendant's services.

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