Fresno Criminal Lawyer Blog

Need to know where the DUI checkpoints are set up for the weekend? Well, there's an app for that. We previously reported that Fresno has the most DUI roadblocks of any city in the nation.

Evan as law enforcement tout checkpoints as a deterrent, United States senators are trying to shut down cell phone apps that report their locations.

As officials continue to go after intoxicated drivers, we would like to remind you that it is critical that you contact a Fresno DUI attorney -- charges involving checkpoints are even more defensible than a traditional drunk driving arrest. Such law enforcement roadblocks directly violate you Fourth Amendment rights against unreasonable search and seizure. While courts have stopped short of agreeing, they have implemented additional rules and limitations on the operations of such checkpoints.

Last month, four Democratic senators wrote letters to Apple, Google and Research in Motion (RIM) expressing their disapproval over the new apps that alert drivers of the locations of DUI checkpoints. One system, called "PhantomAlert", has been available since 2009 as it was originally created to alert drivers of red-light cameras and speed traps. The app has since advanced and now has the ability to alert drivers about DUI checkpoints. The service reaches Androids, iPhones, Blackberrys and various other smartphones. Although these apps may have their place, serious questions regarding dui defense should be directed to a knowledgeable Fresno DUI Lawyer.

The New York Times reports that the senators asked the companies to remove the programs, saying such software could possibly be used by an intoxicated driver to avoid a sobriety checkpoint, "putting innocent families and children at risk."

"With a person dying every 50 minutes in a drunk-driving crash, this technology should not be promoted to your customers," the letter continued. "In fact, it shouldn't even be available."

The makers of the phone contend they are doing a service by making the presence of sobriety checkpoints known, and thereby discouraging drivers from getting behind the wheel after they've had too much to drink.

While popular cell phone providers are being ambushed by politicans, the app is also compatible on popular GPS devices like Garmin and TomTom. Advocates for the program also argue that there are numerous ways that the public can be alerted about these checkpoints whether it be by cell phone or good old word of mouth.

Continue reading "Fresno is Sobriety Checkpoint Capital: Senators Decry Cell Phone Apps that Pinpoint Drunk Driving Roadblocks" »

Four Stanislaus County men are facing charges of bank fraud in Fresno as part of a scheme involving used car dealerships, according to the Modesto Bee.

The indictments were issued by the U.S. District Court in Fresno. A Fresno federal criminal defense lawyer should always be consulted when a defendant is facing charges in federal court. Such cases differ from fraud charged under state law. The number of these white collar criminal cases has increased since the beginning of the economic downturn. Such complex cases requires a defense firm with the knowledge and resources to build an aggressive defense.

The four brothers owned and operated various used car dealerships in Stanislaus and Merced counties. The charges accuse employees of falsifying documents so customers could get loans. The Valley First Credit Union approved more than $500,000 worth of loans for the dealerships, dating back to 2002.

The men are facing charges of conspiracy to commit bank fraud, the Turlock Journal reported. If convicted, the defendants face up to 30 years in prison and $1 million in fines, as well as forfeiture of assets and restitution.

In some instances, the brothers are accused of listing fake employers for customers or of inflating the amount of earnings. Sometimes customers signed the applications. While in other cases, they had no knowledge of the fraud, according to the government's allegations.

In some cases, the customers defaulted on the loan, leading to a loss for the financial institution, which had already paid the dealership the full amount of the purchase.

Continue reading "Federal Bank Fraud Charges in Fresno Require Experienced Defense " »

Friends and colleagues are often surprised when I mention the new law that's on the horizon in 2012 for multiple offender DUI's. As a Fresno DUI Attorney, I have to stay on top of the new laws that are about to hit the streets. This new one is going to be a doozy.

Effective January 1, 2012, (AB 1601) will hit repeat driving under the influence offenders with a possible huge suspension. Codified as Vehicle Code section 23579, this law gives the court authority to implement a 10-year revocation of a driver's license when an offender has had three or more prior DUI convictions. This law makes it even more important to contact a seasoned Fresno DUI Lawyer who knows the consequences at stake.

The law does allow for the driver to apply after five years for a reinstatement if their vehicle has an ignition interlock device installed. Embedded in this law is also the power for DMV to re-suspend the license if there is any tampering or removal of the device. These changes in the law are an important reason to direct serious questions to the attention of a knowledgeable DUI Attorney in Fresno.

This law is strange in the sense that we just had new legislation, in the form of (SB 598) in July of 2010, shortening the suspension period on second and third time offenses to just 90 days and six months, respectively, with the installation of an interlock device.

With so much on the line these days, it makes absolutely no sense not to call a Fresno DUI Defense Attorney who knows the ropes and what it takes to protect your license.

Eight defendants are facing theft and drug charges in Porterville, according to the Fresno Bee.

The charges were the result of a two-week investigation and the execution of a search warrant on West Thurman Avenue. Detectives seized methamphetamine, stolen checks and a stolen vehicle. A Fresno criminal defense lawyer will carefully review the probable cause for the warrant and may succeed in challenging the results of the search.

In other news, the grandson of Clovis Mayor Harry Armstrong will enter a treatment program after pleading guilty to drug charges in Fresno. The 25-year-old man was charged with felony cultivation of marijuana and possession of marijuana for sale, The Bee reported. He will undergo treatment as part of a plea agreement -- he had faced almost four years in prison.

The defendant has a medical marijuana card that permits him to grow and smoke marijuana. However, it is not unusual for defendants to find themselves on the wrong side of the state's medical marijuana law.

He was arrested in March 2009 -- police alleged he was growing more than he was permitted with the intentions of selling it.

The treatment option is one option your defense attorney may be able to use on your behalf. In this cases, counseling will continue for at least 18 months. But, upon successful completion, the felony charge will be dismissed and the defendant will be left without a felony conviction as a result of this case.

Continue reading "Marijuana, Meth, involved in Drug Cases in Fresno, Porterville" »

Recently, a question that I've been faced with a lot, is whether a person can possess a firearm if they have been convicted of a felony? The answer is not as straightforward as you might think, since we're faced with both California and Federal Law on the issue. My analysis, however, is strictly applicable to California cases. In California, if an offense is punishable with imprisonment in the county jail or State Prison, it is considered a "wobbler." (Penal Code §17) A wobbler, in essence, is a crime that can be either a misdemeanor if the sentence is only a misdemeanor or a felony if the defendant is sentenced to State Prison. People often ask whether they can possess a firearm if they have been convicted of a felony, which is a wobbler. This topic can be very difficult to navigate, which makes it even more important to consult with a skilled Fresno Criminal Attorney.

Two of the most recent major cases on the issue pertaining to the California law and restoration of gun rights are: U.S. v. Bridgeforth (9th Cir. 2006) 441 F.3d 864 and People v. Gilbreth (2007) 156 Cal. App. 4th 53. Bridgeforth is a case out of our 9th circuit court of appeals which, aside from the U.S. Supreme Court, is the controlling court for California on Federal law. Until the U.S. Supreme Court has spoken on an issue, the Ninth Circuit has the next to final word.

People v. Gilbreth is a decision out of the First District Court of Appeal in California. In California, the Courts of Appeal are the final arbiters of California law unless the California Supreme Court or the U.S. Supreme Court has spoken on the topic, much in the same vein as the Ninth Circuit Court and the U.S. Supreme Court.

In U.S. v. Bridgeforth, the ninth circuit stated "to determine whether a conviction for a wobbler is an offense punishable by a term of imprisonment exceeding one year under the career offender provisions of the Guidelines, the sentencing court must look to state law: Did the California court's treatment of the offense convert it into a "misdemeanor for all purposes" under California Penal Code section 17(b)? If so, then the conviction does not qualify as an offense '"punishable by imprisonment for a term exceeding one year.'" U.S.S.G. § 4B1.2(a). (U.S. v. Bridgeforth, supra, 441 F.3d 864.)

Continue reading "Can You Restore Your Right to Have a Firearm under California and Federal Law?" »

A Bakersfield man has pleaded guilty to child pornography charges in Fresno, Bakersfield Now reported.

The federal criminal charges were filed by the U.S. Attorney for the Eastern District of California. Authorities say they found 15 images of child pornography on is computer after a search. The search occurred after the defendant allegedly failed to comply with sex offender reporting requirements.

"Every time these illegal images are produced, transmitted, or viewed, a child is victimized," said Michael Toms, Resident Agent in Charge in Bakersfield. "Addressing this sordid matter remains a high priority for the men and women of (Homeland Security), and we will continue to seek out and bring to justice those who mistakenly believe the Internet shields them from detection."

Child pornography charges can leave a defendant open to substantial prison time, in part because authorities may charge each image as a separate incident -- having an experienced criminal defense lawyer in Bakersfield is vital to protecting your rights.

The requirements of sex offender reporting are one reason sex crimes must be handled by an experienced Fresno criminal defense lawyer. Such requirements can follow a defendant for life. And failure to comply -- or merely the accusation that you failed to comply -- can subject you to search, harassment and additional criminal charges.

In this case, the defendant is listed in the Megan's Law online registry as having been convicted of lewd or lascivious acts with a child under the age of 14. He faces up to 20 years in prison and lifetime supervised release.

Continue reading "Sex Offender Registration Requirements Lead to Child Porn Charges in Fresno" »

The other day the question arose as to what the rules are when it comes to transporting a firearm in your vehicle, or even to and from your vehicle to your home. As Fresno Criminal Attorney, I often represent clients who stand accused of improperly transporting firearms or improperly concealing firearms. Unfortunately, there is really no room for error. In Fresno, County, if you run into a Police Officer or Sheriff Deputy who is having a bad day, he or she can arrest you and cite you for either a misdemeanor or a felony if you happen to be, even unintentionally, violating the law when it comes to transporting a firearm.

It is important to note that you are looking at a possible felony if the gun is loaded or the ammo is within your possession and the gun is concealed, but a misdemeanor violation if the gun is concealed, but unloaded and the ammo is not within your immediate presence. (Penal Code section 12025(b)6-(b)(7)) OK, so what are the rules?

The first rule is that you can only carry a firearm if it is unloaded and openly displayed on your person in a belt holster (Penal Code section 12025 (f)). That is the "open carry" provision in California law. A firearm may also be carried to and from your vehicle, but must be in a locked and sealed container. A locked container and sealed container means a fully enclosed container that is secured by some type of locking device (i.e. a padlock, combination lock, etc.) (Penal Code section 12026.1). Due to the complexity in the law when it comes to what is acceptable and what is not acceptable under the law when it comes to transporting a firearm, mistakes can and do happen. If you have been charged with transporting a firearm or carrying a loaded firearm improperly, it is imperative that you contact a knowledgeable Fresno Criminal Defense Lawyer.

Ok so how about carrying the gun in my trunk?, you might ask. So you can carry a firearm in your vehicle as long as it is unloaded and in the previously mentioned sealed and locked container. Or you can carry it unloaded and in your trunk. It is important to note that a locking glove box or utility compartment doesn't count. So if you have the gun in one of those utility compartments in the back of your SUV it may not qualify under the law. This does raise a conundrum, which is I can have an unloaded firearm in my locked trunk, but not in a sealed and locked container, but I'm violating the law if I carry that unloaded firearm to and from, say my place of business, to my vehicle without the gun being in a sealed and locked container. There is a possible exception which allows you to do that (see Penal Code section 12026.2 (6)); however, I prefer to live in the broad black and white area in my own life rather than in the shade of gray exception to the rule area. That is just my own preference.

As far as a firearm being loaded, the law provides that a gun is considered loaded if there is a live round attached in any way to the gun, such as in the chamber or in the clip which is attached to the gun. (Penal Code section 12031(g). Some people have raised the question whether ammo could be carried in the locked trunk with the firearm. Penal Code section 12031(g) seems to indicate that carrying the ammunition in the trunk would not make the firearm "loaded" under the law.

I hope this blog article is informative and provides some worthwhile information. If you or someone you know is facing any type of firearms violation charge, contact the Law Offices of Michael E. Mitchell, A Professional Corporation, today to speak with an experienced criminal defense attorney. (559) 222-2424.