July 2011 Archives

July 27, 2011

Fresno Police Arrest Seven in Tagging Crew Operation

The Fresno Bee recently reported that police arrested seven people in connection with alleged violent graffiti taggers.

Tagging crews are considered by some to be a gateway to gang activity; juveniles frequently participate in these groups. But juvenile crimes in Fresno have serious consequences and can have long-term ramifications. Hiring an experienced and aggressive Fresno Criminal Defense Attorney is critical to protecting the rights of young teenagers in trouble with the law.
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According to police, they also seized three weapons as part of their operation. Forty officers from three agencies searched 34 locations resulting in the seven felony arrests. Three of the arrests were for probation violations, three for warrants and one for possession of a sawed off shotgun.

According to the newspaper report, it's unclear how the arrests were related to tagging. And the newspaper article doesn't state how old the defendants are.

In Los Angeles, officials there recently arrested eight members of an alleged tagging crew that authorities believe are responsible for more than 1,600 pieces of graffiti vandalism throughout Los Angeles County, the Los Angeles Times reports.

Under California law, any organization whose primary focus is carrying out criminal activity is considered a gang and given all the focus on gang activity throughout California, it doesn't take much to fit that definition. You can be linked to a gang even for receiving mail from a known gang member.

And under the law, penalties can be enhanced for crimes committed related to gang activity and can turn sentences from months into years and years into decades, if not properly defended in court.

Tagging crews and many gangs are known for attracting young people. And that's why many teenagers are accused of committing crimes. But those arrested as a juvenile shouldn't take these charges lightly. Some consider juvenile charges no big deal, but they have long-term implications.

For one, teenagers charged with a crime can be disqualified from earning scholarships, getting into college and serving in the armed forces or even being able to get a job.

Being charged as a juvenile is much more advantageous than being charged as an adult. The criminal justice system seeks to punish defendants who are convicted, while the juvenile justice system seeks to rehabilitate teenagers in order to stop them from committing crimes in the future.

The system does this by making them participate in work camps or serve time on community service rather than being sent to prison, where they are housed with hardened criminals.

But being prosecuted as a juvenile is no sure thing just based on age alone. The state has the discretion many times to charge a teenager as an adult, depending on the circumstances. That's why hiring an experienced Fresno Criminal Defense Attorney is so important. Being able to talk with prosecutors and lobby on behalf of a defendant can mean the difference in how the case proceeds.

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July 19, 2011

Juvenile Charged with Gross Vehicular Manslaughter While Intoxicated in Fresno Fatal Crash

A bystander was killed after being struck by a vehicle that was involved in a high-speed chase with California Highway Patrol officers in south Fresno, Fresno DUI Defense Lawyer is critical if you are facing criminal charges in of DUI manslaughter in Fresno.
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In this case, Fox News reports, the driver was allegedly intoxicated while driving. The crash happened on southbound Highway 99 off the ramp to Jensen Avenue. Officers say a 20-year-old was driving a Dodge Charger that officers were chasing. The 20-year-old lost control of the car, causing it to crash into a panhandler who was standing on the side of the ramp.

The chase started when a CHP officer tried to pull over the car when the driver didn't stop at a stop sign. After hitting the man, the vehicle hit a pickup, though the driver of the truck wasn't hurt. The 20-year-old allegedly tried to run away, but officers were able to stop him and arrest him. Three people who were riding in the car were also arrested.

The driver faces charges of gross vehicular manslaughter while intoxicated, evading arrest and driving while suspended for DUI, the news station reports.

According to California Penal Code 191.5, gross vehicular manslaughter while intoxicated is "the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Those sections of the California Vehicle Code relate to juveniles drinking while intoxicated and adults who drink and drive. According to California law, gross vehicular manslaughter while intoxicated is punishable by up to 10 years in prison. For a person who has a previous drunk driving record, they can be sent to prison for 15 years to life, however.

While some people don't consider the consequences while driving drunk, Fresno DUI Lawyers have seen many people charged with DUI manslaughter when a person dies as a result of a drunk driver. That means that every aspect of the case should be challenged, from the police reports to eye witness accounts to breath and field sobriety tests, if they are given. If you are charged with a crime it is rarely a smart move to talk with police, as your statement can be used against you in a court of law. If you do talk, there may be ways to suppress that statement from evidence.

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July 15, 2011

Former Fresno High School Teacher Gets 7 Years in Prison for Sex Crimes

A former University High School teacher was recently sentenced to seven years in a state prison for having a sexual relationship with an underage former student and exchanging sexually explicit text messages with two other students, The Fresno Bee reports.

Sex crimes in Fresno are not only serious in terms of the possible penalties, but also because of the likely news media coverage and embarrassment it can cause in the community. For these reasons and others, it's critical to immediately consult with an experienced Fresno criminal defense lawyer in order to preserve your rights and defend your case.
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In this case, the 34-year-old teacher will have to register as a sex offender for life after serving seven years and four months in prison. The popular music teacher has a wife and 5-year-old son.

In January, a jury found him guilty of 13 felony charges after he admitted that he had a sexual relationship with his former student after she graduated in 2007. He also admitted on the stand that he sent offensive text messages to two students. Prosecutors said the teacher used his position of trust to lure sexually inexperienced victims.

This is far from the first case of a teacher being arrested on sex crimes, which some experts believe is due to a blurred line of relationships between teachers and students and because society encourages older people to have relationships with younger people. There is less of a stigma attached to relationships with age gaps.

In other recent cases, a swim teacher in Santa Ana was arrested in March for allegedly having a sexual relationship with a girl when he taught swim lessons. The 36-year-old faces 13 felony counts, NBC News reports. An Escondido high school teacher was arrested last month and charged with one count of oral copulation and one count of sexual penetration of a 16-year-old student, ABC News reports.

Those are only a few of the cases involving teachers and students. And while an arrest provides no proof of guilt, these defendants are often tried in the eye of the public upon their arrest. Sometimes in these cases, students who get bad grades make up stories in order to get revenge. What we as adults forget is how emotional and irresponsible teenagers can be. It's certainly possible these crimes happened, but that's not always the case.

Sex crimes in California range in punishment from months to decades behind bars. And depending on the type of crime committed, it's possible that a defendant will have to register as a sex offender. Under Megan's Law in California, there are more than 63,000 people who are registered statewide that people can browse to figure out where they live, what they look like and other information.

These people must always tell law enforcement where they live and where they're moving. Essentially, these people get a life sentence when other people get to serve time and be free. That's why every case requires aggressive defense representation.

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July 5, 2011

Fresno First Nationwide in Auto Thefts

Fresno is No. 1! But it's not for anything for which city officials or residents would be proud. CBS News reports that the city is first nationwide in auto thefts.

Fresno auto theft is a serious charge, punishable by prison time in California. Therefore, hiring Fresno Criminal Defense Lawyers is the first step any defendant should take to protect his or her rights.
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Fresno leads Modesto, Bakersfield and Delano as the top three cities in the country for car thefts. Fresno police recently created the Career Criminal Auto Theft team in an effort to cut down on the number of vehicles being stolen.

The city has dedicated $150,000 to rent space in Madera County to keep car theft suspects locked up, the report states.

Oddly enough, Bloomberg reports that at the same time that Fresno is dealing with an auto theft crisis, vehicle thefts nationwide dropped to the lowest they've been since 1967, falling for the seventh straight year. The report attributes the decrease to more vehicles being equipped with security devices and new law enforcement tactics.

According to FBI data compiled by the National Insurance Crime Bureau, New York, Dallas, Detroit, Miami and Los Angeles all reported fewer vehicle thefts, along with more than 250 other urban areas.

Some police departments have been using "bait programs," where they leave vehicles unlocked with the keys inside in order to arrest suspects. Bloomberg reports that Fresno had 7,559 thefts in 2010.

Auto theft is a serious crime and while overcrowding has led to people being released from jail early, it doesn't mean the crime can go unpunished. According to California Penal Code 487, grand theft is committed when the value of something stolen is more than $950 and includes cars.

The charge, if convicted can be punishable by up to four years in a California state prison. So, the charges shouldn't be taken lightly. And as is the case with many auto theft suspects, they face multiple charges.

Police sometimes try to link one defendant or a group of defendants to a neighborhood of vehicle thefts, based on similar patterns. But without strong eyewitness accounts or being caught red-handed, sometimes these charges can be proven to be unfounded and the defendant is found not guilty.

But this requires an experienced Fresno defense attorney, one who has spent years fighting for defendants, protecting the rights of those accused of crime. With auto theft so prevalent in our society, police and politicians will be looking for ways to crack down and to try to prove to the public they is doing all they can to fight the crime.

This may lead to unwarranted criminal charges. So, if you or a loved one faces a grand theft auto charge in Fresno or the surrounding areas, call today. Don't make a statement to law enforcement before consulting with Fresno Criminal Defense Lawyers first.

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