Fresno Criminal Lawyer Blog

A couple who ran a restaurant and catering business in Bakersfield were recently indicted on federal fraud charges for allegedly racking up tens of thousands of dollars in illegal credit card charges, ABC News.

Fresno Fraud Defense Lawyers have seen cases where people make mistakes and are punished in a big way. Federal fraud charges in Fresno and elsewhere are difficult to defend because the government has seemingly unlimited resources to come after a person they suspect of wrongdoing.

In this case, the defendants are charged with 29 counts of conspiracy to commit wire fraud, wire fraud and credit card fraud. Both have pleaded not guilty. According to the news story, the couple would charge $1,000 or more on several customers' credit cards at their restaurant, which closed in 2010.

According to the news article, when customers complained, the charges were reversed. But in the process, banks and processing companies still lost money on the transactions. And in cases where a customer didn't complain, the couple would get away with thousands in ill-gotten profits, prosecutors allege.

The maximum penalties for conspiracy to commit wire fraud and wire fraud is 30 years and a $1 million fine. The maximum penalty for credit card fraud is 10 years and a $250,000 fine. These are among the steepest penalties available for theft crimes under the law. How a person is charged can have a major impact on their case. It's possible an experienced attorney can negotiate for lesser charges or prepare a defense aimed at backing prosecutors down.

Offenses involving banks, transactions over what federal prosecutors call "the wire" and others can be charged in a federal court because they cross state lines. Also, crimes committed on federal property, such as in the Sequoia and Kings Canyon National Park and Yosemite National Park must be prosecuted in district court.

Many times, federal crimes carry much tougher penalties that state crimes and can be more intimidating because federal prosecutors have fewer cases to handle and more time to dedicate to focusing on individual defendants.

While a defendant's criminal history is certainly a factor in determining a potential prison sentence in federal court, someone charged with dozens of crimes can have a difficult time asking for a low sentence. In state court, sometimes prosecutors will allow for diversion programs and probation, but in federal court, it is difficult to get out of going to prison if found guilty.

For these reasons, an experienced and aggressive defense attorney should be hired to defend cases brought against suspects in the United States District Court for the Eastern District of California in Fresno. Knowing federal law, understanding the rules of procedure and the local rules established by the court is key because they must be strictly followed.

Trust Fresno Criminal Defense Lawyers, who have been handling fraud defense and federal crimes defense for years. These areas are complex and require a dedicated attorney to be on your side.

Continue reading "Bakersfield Restauranteurs Charged With Credit Card Fraud in Fresno" »

Fresno Criminal Defense Attorney Michael E. Mitchell was able to procure a dismissal for an extremely grateful client this week on after announcing "ready for trial." This case involved an allegation of domestic violence. While the allegations in the complaint were extremely shaky, this case points to the fact that it is essential to be prepared to try a case before a jury.

Although the prosecutor reluctantly dismissed the case based upon witness problems. Fresno Domestic Violence Lawyer Michael E. Mitchell was ready to place the matter before 12 members of the community to decide whether the charges were true or false. His willingness to go to trial is often what makes the difference in a case being dropped. If your not willing to go all the way for a client, then criminal defense is not the area of law an attorney should be practicing. Mr. Mitchell knows this and brings his assertiveness and tenacity to the table for each and every client.

Another happy client. This week Fresno Criminal Defense Lawyer Michael E. Mitchell was successful in obtaining a dismissal of a restraining order for a client accused of perpetrating an unlawful sexual act.

After a vigorous preparation, including subpoenaing 10 critical witnesses, the opposing party dismissed the restraining order right before trial. This case involved extensive discovery over the last two months. A private investigator was retained and every avenue of defense was explored.

A special motion was also filed with the court for disclosure of necessary records from the Fresno Police Department. After several court hearings, the case was ultimately dismissed, however, rest assured that the preparation of Fresno Criminal Attorney Michael E. Mitchell played a critical role in this outcome.

Accusations of sex offenses are about the most dangerous type of accusations possible. Faced with such an allegation it is almost essential that you retain the services of top Fresno Criminal Defense Attorney to prepare your defense. The alternative is really unspeakable.

A 21-year-old man was recently arrested by Fresno Police on a charge of suspicion of DUI after flipping his truck near Shields and Maples avenues in Fresno, CBS News reports.

Fresno DUI Defense Lawyers have handled countless DUI cases and are prepared to defend anyone charged with this type of crime. Whether it is DUI in Visalia or elsewhere in the Central Valley, our law team will represent you where you face the charge.

In the case in Fresno, the 21-year-old Clovis man lost control of his truck at the intersection, flipping the vehicle, hitting another car, a curb and finally a tree. The news station reports that the man tried to run away, but was nabbed by police. The article quotes police saying the man was drunk, but the story doesn't say how or why police made the presumption.

Based on the news story, it seems likely that the man could face additional charges, such as resisting arrest (California Penal Code 148) and DUI causing injury (California Vehicle Code 23153).

When police charge up a client, an experienced defense lawyer can often have some of the charges reduced or dismissed. Still, the penalties shouldn't taken lightly. For instance, resisting arrest in California is punishable by up to a year in jail and a $1,000 fine.DUI in California for a first-time offender is punishable by up to six months in jail with a minimum of 96 hours in custody. You can be fined between $390 and $1,000 and can have other sanctions, such as an ignition interlock device and an alcohol and drug prevention program, imposed on you. In DUI cases involving injury, the penalties are a bit steeper, with possible imprisonment up to a year, along with fines and fees.

And getting arrested for DUI also threatens your driver's license. Arguing to keep your driver's license requires a separate process.

In California, a Department of Motor Vehicles hearing is necessary to get a person's license back. But this is difficult to do alone, so consult with Fresno DUI Defense Lawyers immediately. A DMV hearing must be requested within 10 days of an arrest. If you miss that window, you lose the right to ask for a hearing.

Our firm will request a hearing, obtain a stay of the suspension and get you a temporary driver's license. Typically, a defendant is able to drive with the temporary license pending the decision at the hearing.

Many people think that simply being arrested for DUI means they will lose their license in the DMV hearing, but that's not true. These are separate issues and DMV hearings are procedural in nature. So, being able to prove the officer made a mistake in how he or she handled the arrest or conducted testing can lead to a license being reinstated. The criminal case doesn't have a bearing on the DMV hearing.

But these matters are complex and require a veteran attorney who has handled countless numbers of these hearings. Knowing the California Vehicle Code, having experience in how the system works and knowing how to fight for you are valuable assets Fresno DUI Defense Lawyers are proud to offer.

Continue reading "Accident Leads to DUI Arrest in Fresno" »

In May, Fresno DUI Attorney Michael E. Mitchell successfully obtained a not guilty verdict for a young man accused of driving with over a .01 Blood alcohol concentration.

In a well reasoned decision, the Fresno County Superior court rightfully concluded that the officers failed to show that the young man had violated the law. While the law in Fresno, California, as across the State, specifies that a person under the age of 21 may not drive with any measurable amount of alcohol, the burden is still on the officers to prove it. The state is required to prove each an every allegation to support their charges against an accused. Speaking with a knowledgeable DUI lawyer in Fresno can help you chart a course of action to defend your under 21 or juvenile DUI case.

In this case, due to the inaccuracies of the breathalyzer- they could not satisfy their burden. At two prior court dates the court moved to dismiss the case, this was opposed by the Defendant and his Fresno DUI Lawyer, Michael E. Mitchell. The reason the defense opposed this request is due to the fact that a not guilty verdict was needed to overturn the erroneous DMV suspension.

After the successful not guilty verdict, the case was then overturned at DMV based upon proof of the not guilty verdict. This case highlights why contacting an expert Fresno DUI defense attorney in Fresno, such as Mr. Mitchell is of critical importance if you want a shot at winning your case. The key is having a keen knowledge of the law and a desire to provide the best possible defense, even if the odds seem stacked against you. That is why we've highlighted this case, to illustrate the fact that even juvenile and under 21 driving under the influence cases are winnable.

A 28-year-old man was arrested recently and charged with five cases of DUI dating back three years, Fresno Police told The Fresno Bee.

DUI in Fresno can be a serious charge and can include penalties that can include jail or prison time, depending on the severity. Fresno DUI Lawyers are trained and have years of experience dealing with driving under the influence charges and the many ways prosecutors try to enhance penalties against our clients. We are prepared to fight by the side of defendants who pick up this type of charge.

According to the article, the man had a $1 million warrant out for his arrest, when police arrested him recently. According to police, his blood-alcohol content was 0.24 -- That's three times the legal limit of .08.

According to the California Vehicle Code, driving under the influence of alcohol or drugs is punishable by up to six months in jail on top of more than $1,000 in fines and a six-month driver's license suspension. You may be forced to pay for a DUI program, install an ignition interlock device and your car insurance will no doubt go up.

That's just for a first offense. In the case of the Fresno man recently arrested, he could face severe penalties, including the possibility of being labeled a habitual traffic offender. This could lead to longer stays in custody, larger fines and fees, more penalties that require you to spend money as well as the possibility of losing your driver's license for life. While each case is unique, a Fresno defense attorney can often reach a deal with prosecutors in cases that involve multiple DUI charges in rapid succession. However, it's always better to hire an attorney and face the charges, than to attempt to skip. You will likely be caught, eventually, and the state will be much less apt to make a deal.

Lawmakers will continue to make the penalties for DUI tougher because many people each year are killed or injured in drunk driving-related accidents. According to 2006 data, nearly 1,600 people were killed and 32,000 people injured in California in alcohol-related crashes, according to the California Department of Alcoholic Beverage Control.

That's why fighting even a first DUI charge is so important. Some people react differently to being arrested. For some, one arrest scares them straight for life. But for others, picking up subsequent arrests is difficult to avoid. Some people also don't take the measures to avoid additional arrests. Having a drunk driving conviction on your record may also increase your chances of being stopped, questioned, and arrested again.

And California's laws are designed to punish people who are arrested multiple times for the same offense. That means that if a first DUI charge is dismissed altogether after fighting breathalyzer testing, field sobriety tests, the officer's testimony or other factors -- or even if your case is reduced in a plea agreement to reckless driving -- it could be very helpful in the future.

So, if you, a loved one or a friend is arrested and charged with DUI, whether it's their first offense or if they are considered a multiple offender, call Fresno DUI Lawyers. We will use our years of experience to fight all evidence the state is trying to use against our clients.

Continue reading "Man Picks Up on 3-Year-Old Multiple DUI Charges in Fresno" »

According to ABC News, police recently arrested seven people, some of whom are allegedly gang members, and charged them with operating chop shops.

Theft and gang-related charges in California can be severe, but hiring an experienced attorney who can guide you through sometimes overwhelming criminal justice system can be invaluable. Fresno Theft Attorneys are always available for a free consultation.

According to the news report, police received an anonymous tip directing them to a house in Central Fresno, where police allegedly watched men strip a car. After moving in, they found more cars and more parts that led them to an East Central Fresno house.

Theft charges in Fresno can range from shoplifting to carjacking and the penalties can vary as well. In extreme cases, a defendant can be sentenced to years in prison, followed by years on probation. They may also have to pay restitution, which is money paid back to victims for stolen goods.

But what's interesting about the story is that all told, seven men were charged with auto theft. Police said some of the men either have gang ties or previous auto theft charges in their past. Authorities hope to use gang enhancements to keep them from being released from jail due to overcrowding.

California's prisons and jails are overcrowded and the U.S. Supreme Court recently ordered the state to release some 30,000 prisoners over the next three years because the conditions causes cruel and unusual punishment for inmates, the San Francisco Chronicle reports.

So, what police hope to do in this case is convince a judge these men shouldn't be released because they may have ties to gangs. In California, a defendant's sentence can be increased if they have a history of gang-related crime.

California Penal Code 186.22 states that defendants who commit crimes associated with a street gang can be sentenced to anywhere from two to 10 years on top of the punishment they receive for the crime. Other California gang laws provide for stiffer punishment for alleged gang members.

All of this shows the need for experienced criminal defense representation at every step of the proceeding. Gang crimes are strictly enforced in California. If a judge is convinced a defendant is part of a gang, even a loosely affiliated gang not known for violence, he or she will have justification for sending someone to prison for a long time.

Unfortunately, it is very easy for police to convince authorities a person is involved in a gang. They typically rely on 30 criteria to classify someone as a gang member. For instance, receiving mail from a known gang member is one. So is being photographed with someone who is flashing a gang sign or even wearing clothes of a certain color. These standards are low, but the consequences are high.

Gang enhancements in California are part of the reason why the prisons and jails are so overcrowded. The standards for proving a person is in a gang are so low, yet the possible prison terms are so long. Whether a person is charged with simply working on a vehicle or being involved in a bloody shootout, hiring an experienced defense lawyer is the most important step.

Continue reading "Fresno Chop Shop Raid Nets Seven Arrests" »