Fresno Criminal Lawyer Blog

An ABC News report says that 65 people were recently released from the Fresno County Jail because of overcrowding, including a couple of men accused of auto thefts.

What's important to note in situations like this is that people who are being held at the county jail, like any other pre-trial defendant, are presumed innocent until trial. While police make arrests based on their probable cause, a trial holds the standard of beyond a reasonable doubt. If you or someone you know is arrested in Fresno, have them contact an experienced Fresno criminal defense attorney.

The ABC News story focuses on several men arrested recently on charges that they were breaking into and stealing cars. The story says one of the men confessed to stealing more than 1,000 cars in a matter of months. Police report more than 2,200 auto thefts this year.

But what the story doesn't note is that it's likely that these defendants were granted some type of bail, meaning they could have theoretically paid to get out of jail anyway. The story doesn't say that any accused murderers were released from jail because of overcrowding, likely only non-violence defendants were let go.

As previously discussed on Fresno Criminal Lawyer Blog, Fresno police believe car thefts are on the rise because of early jail releases. But we dispute that notion.

Theft crimes in Fresno can be particularly difficult to prove after the fact. However, if convicted, the penalties can vary from months in jail to years in prison. They could include fines, fees, restitution or other monetary obligations, too. These are the types of charges that can stay on a person's criminal record and prevent them from getting jobs and even obtaining loans or credit in the future.

That's why it's crucial not to trust any attorney to stand by your side if you're charged with theft, auto theft, burglary, robbery or any other type of crime of stealing. The state will try to come down hard on you, so trust someone who will be there to fight back.

Continue reading " Fresno Theft Suspects Released From Jail Because of Overcrowding" »

A Fresno man was sentenced to nearly three decades in prison recently for shooting at a group of thieves running away from his medical marijuana garden last year, the Fresno Bee reports.

Murder is the most serious crime in the criminal justice system and thus requires a zealous Fresno murder defense lawyer who can fight all aspects of the state's case. The penalty for murder in California can be anywhere from 15 years to life or even the death penalty, depending on the circumstances of the case and other factors.

In the case in Fresno, the pot farmer allegedly shot vehicle passenger in the head as he sat in the passenger seat of a pickup used by a large group of people who had stolen several marijuana plants the man was growing legally as medicine. The defendant testified in his defense at trial in January that he was scared for his life of the large group of people and that the victim had pointed a gun at him, ABC News reported during the trial.

As we reported law September on our Fresno Criminal Lawyer Blog, he was accused of shooting a fleeing suspect, where a homeowner's rights are less clear.

The sentencing judge told the defendant the people posed no threat to him or his family, but only his marijuana plants. The man was found guilty of manslaughter, assault with a firearm and shooting into an occupied vehicle.

While California law allows for self-defense of one's home, it doesn't apply to one's yard. The law states someone can use force if they have a reasonable fear of imminent death within the residence. In the case of the Fresno man, it doesn't appear any of the thieves tried to intrude on his house.

The idea of self-defense is a confusing area of law that many states have grappled with. Because of the complexity of these types of issues, the evidence that may be applicable and the time and work needed to preserve one's rights, choose an experienced Fresno attorney who is willing to go the extra mile in your case.

Continue reading "Fresno Pot Farmer Sent to Prison In Shooting Death" »

Authorities in Santa Clara County are reviewing 865 DUI arrests because of faulty breathalyzers used by police, the Mercury News reports.

Fresno DUI Defense Attorneys understands that law enforcement continues to use breathalyzers, which may be faulty, in the pursuit of drunken driving crimes. If you are arrested and charged with DUI, you'll need an experienced criminal defense attorney.

Law enforcement in the Fresno area are also stepping up their crackdown on drunken drivers as well. According to the Fresno Bee, two men were arrested during a recent sobriety check point in Visalia near Houston Avenue and McAuliff Road. And a postal worker was arrested for allegedly driving drunk last week, according to the newspaper.

In the breathalyzer cases, San Jose police used the Alco-Sensor V breathalyzer for nearly six months before stopping recently. The device has also been used in Palo Alto, but it's unclear how many cases may be affected there.

According to the district attorney, a manufacturer's error has caused incorrect readings on the devices because condensation built up inside the tube into which suspected drunken drivers blow. It's possible cases where a driver blows into the device but later refuses to provide a blood test are now suspect.

The cases may affect drivers who were driving while intoxicated, but also drivers who were wrongly accused because the devices were faulty. The legal blood-alcohol level in California is .08. Issues regarding the accuracy of the breathalyzer device are best directed to a knowledgeable Fresno DUI Attorney.

And it's possible that people may have already been convicted and penalized before the cases came under review. The penalty for a first misdemeanor DUI conviction is usually a $2,000 fine, 48 hours of jail or community service and DMV classes. More severe DUI cases or defendants with prior criminal histories can face stronger penalties, including years in prison.

Breathalyzer test results are often suspect and are part of a case that can be challenged by an experienced drunk driving defense lawyer in Fresno or elsewhere. Probable cause for the traffic stop and probable cause for requesting that you submit to field sobriety tests or breathalyzer tests may also be challenged. An officer's training and experience should also be reviewed.

Continue reading "Faulty Breathalyzers May Cause Dropped Cases in Fresno" »

A Fresno armed robbery suspect was struck by a Fresno police detective's car and sent to the hospital with a head injury, according to The Associated Press.

Robbery in California is a serious crime and requires an experienced Fresno robbery attorney qualified to properly defend suspects against such serious charges.

Robbery is a crime defined by taking something from someone against their will and with force or threat. In California, the use of a weapon can enhance a potential sentence from a few years in prison up to life in prison.

The state has many laws on the books to deter people from committing robbery, such as the Three Strikes Law, which requires at least a 25-year prison sentence after three felony convictions. Prosecutors also have the 10-20-life law that requires at least 10 years in prison if convicted of using a gun during a crime.

The difference between robbery and burglary is that burglary is taking something from the home or vehicle of a person, rather than stealing it directly from them. Bank robbery, however, is especially serious because it is a federal offense and will be prosecuted in U.S. District Court.

In the case of the man struck by a Fresno police car, he is being hospitalized in critical condition. Police say the man was running from a check-cashing business recently when the detective noticed a car that she thought fit the description of a vehicle linked to a string of 10 armed robberies in recent weeks. Police said that a short time after following the vehicle, the man ran from a check-cashing business in front of the detective's car and was hit.

Fox News reports the man is being treated at Community Regional Medical Center in Fresno.

Continue reading "Fresno Robbery Suspect Hit By Police Car, Hospitalized" »