Fresno Criminal Lawyer Blog

Two men are facing burglary charges in Fresno after authorities accuse them of committing 15 burglaries in Visalia over the last five months, according to a report in the Vasalia Times-Delta.

This is a classic example of a case that should be handled by an experienced and aggressive Visalia criminal defense attorney. From the probable cause for the search warrant to the allegations alleged in the criminal charges, an experienced attorney may well succeed in having the charges reduced or dismissed.

The two 27-year-old men were reportedly "casing" a Visalia neighborhood when they aborted an alleged burglary attempt because of the "inadvertent positioning of a vehicle by an unwitting Visalia resident," according to the assertions in the police report.

Apparently, that was enough to get a judge somewhere to sign a search warrant. At the North Marks Street home of one of the defendants, police found "numerous items" believed stolen from various homes in Visalia.

The men face assorted charges, including possession of burglary tools and possession of a firearm by a convicted felon.

In addition to challenging the probable cause used to obtain the search warrant, a defense attorney should challenge the assertion that the men possessed burglary tools. A screwdriver can be burglary tools if a cop says so. At least until his assertion gets to court. And the mere fact that items that may or may not have been stolen were found in the home of one of the defendants does not mean he participated in one burglary, let alone 15.

In a separate case, a 28-old-man is facing charges of car theft for allegedly stealing a vehicle in Fresno and using it to drive to Santa Barbara to pick his girlfriend up from jail, KSBY News reported.

Police say the gold 2000 Honda Civic was found parked in front of Ralph's Supermarket. The man and his girlfriend were arrested and police say he had an altered key that fit the Honda. He was arrested and charged with grand theft auto. He was also arrested on a $290,000 warrant for auto theft in Fresno.

Continue reading "Charges of Car Theft and Burglary in Fresno present Unique Issues for Defense" »

Several recent cases illustrate the need for an experienced Fresno criminal defense attorney when facing allegations of sex crimes.

The Fresno Bee reports a 47-year-old carnival worker faces two counts of lewd acts with a minor in the wake of allegations that he groped two girls, ages 5 and 7, while fastening their seat belts on a ride at The Big Fresno Fair.

He allegedly put his hands down the shorts of one of the girls while she was on the Little Cricket Express. The other girl was riding the Hydro Racer at the time of the alleged incident. Police say the 5-year-old girl picked the defendant out of a police lineup. This man is on trial and deserves to be presumed innocent. An experienced sex crimes defense lawyer in Fresno will challenge eyewitness identifications or those made as a result of a police lineup. Such evidence is among the most notoriously unreliable of all evidence in criminal cases.

The defense attorney in this case notes the girl's vague description was of a "brown person with spiky hair."

In a separate case, a teacher pleaded no contest to attempted statutory rape in Brentwood. He was accused of offering a 17-year-old girl $200 to undress in his classroom, where she was alone to take a makeup math test. Authorities report he arranged to meet her the next day for sex and was arrested when he arrived.

Meanwhile, a coach facing molestation charges in Belmont denies that he acted inappropriately with two students at Ralston Middle School. He reports he has no idea why the girls have accused him.

Allegations of sex crimes involving teachers and students have grown more prevalent in recent years. An experienced defense attorney must often fight the allegations in the court of public opinion as well as in a court of law. When a defendant learns he is being investigated, he should consult with an experienced defense lawyer immediately. The earlier an attorney gets involved in a case on your behalf the better the chances of building a strong defense. In some cases, an attorney may even prevent charges from happening or allegations from becoming public.

Very often, these cases come down to he-said-she-said. Do not make any statements to law enforcement.

Continue reading "Cases Illustrate Importance of Aggressive Defense when Facing Sex Charges in Fresno" »

Fresno police are getting in on the St. Patrick's Day weekend festivities: Police plan to randomly monitor bars and restaurants in the hunt for drunk drivers, the Fresno Bee reported.

If you are charged with drunk driving this weekend, please contact a Fresno DUI defense lawyer right away; this kind of proactive enforcement frequently leads to marginal or unfair arrests. And the law enforcement monitoring of people out having a good time is a dangerous gray area that illustrates the risk of a motorist's rights being violated. Police must have probable cause to stop you for drunk driving and probable cause to request that your take field sobriety tests or breathalyzer examinations.

When such probable cause is not present -- or is as dubious as an officer watching people celebrating in a restaurant -- a Fresno DUI charge may not survive an aggressive defense.

St. Patrick's Day began as a religious holiday in the 17th Century; today it is one of the most popular secular holidays of the year. In fact, it is among the busiest days in the nation at restaurants and bars and is a leading day for alcohol consumption.

Police will also be conducting roving patrols and DUI checkpoints. As we reported last year on our Fresno Criminal Lawyer Blog, Fresno leads the nation in the number of DUI checkpoints conducted each year. Motorists have additional legal grounds upon which to contest such cases; consulting an experienced and aggressive defense lawyer in Fresno is your best option.

The Bee reports 42 motorists were stopped and charged with drunk driving during a pair of recent DUI checkpoints. KMJ Now reports that AAA will be offering its Tipsy Tow service, which transports a motorist home along with his or her car. Call 800-AAA-HELP.

Continue reading "St. Patrick's Day Weekend DUI Charges best Handled by Experienced Fresno Defense Lawyer" »

Child abduction charges in Fresno have been filed against the father of a 10-month-old boy, following a statewide Amber Alert, according to the Mercury News.

Fresno domestic violence defense attorneys are frequently called to handle criminal charges involving child custody. Whether the charge is domestic violence, violating a temporary protection order, theft, stalking or even child abduction, these cases involve high emotion and sometimes vindictive allegations.

Authorities can charge you with whatever they want. And frequently fathers find themselves waking up as defendants in nightmare scenarios. Please do yourself a favor and call and experienced criminal defense attorney in Fresno.Stop being jerked around by law enforcement and a former spouse or partner. Get a clear head, get your emotions out of the equation, and get legal assistance to protect your rights.

Too often, failure of a father to properly defend himself can have a negative impact on divorce or child custody proceedings. Even visitation may be restricted or supervised. Restraining and protection orders may prevent you from returning to your own home and claiming what is rightfully yours. And more serious legal problems frequently follow.

In this case, the 19-year-old father was found at his parent's home in Kern County. Authorities say he took his son from outside his mother's Riverdale home. The mother had obtained a restraining order temporarily giving her sole custody of the boy.

He allegedly took the child to his parent's home, before leaving with friends. His parents convinced him to come home and called the authorities. The child was not harmed.

The defendant has been released from jail on $100,000 bail.

Continue reading "Domestic violence charges, temporary protection orders, child abduction allegations, best handled by aggressive Fresno defense lawyer" »