Fresno Criminal Lawyer Blog

This week Fresno DUI Attorney, Michael E. Mitchell, was a guest on an exciting new TV and internet show located here in Fresno, California. The show is call Fresno Forward and brings a bit of edginess to the table. The show's host Brock Tatum calls it like he sees it and doesn't mince words. The broadcast had many educated community spokespersons and touched on a variety of issues. Fresno Forward also has an excellent and informative website. The full interview can be viewed below:

Clients and potential clients often ask us about results. Because that is all they care about, understandably. It hardly matters to them how much work we put in if they don't get the results they were looking for. Of course, not every case is a tremendous success story, however, we do our best to make sure it was worth it for our clients to come to our office.

With that said, I'm pleased to report several phenomenal wins we've had for our clients in the last month. I won a complex DMV hearing involving multiple days of testimony from CHP officers and our accident reconstruction expert, which resulted in a successful win and overturning the suspension of my client's commercial trucking license due to a fatality accident. We also successfuly reduced a DUI with a .18 blood alcohol to a wet reckless driving after filing and appearing in court on a motion to suppress due to a questionable detention of my client's vehicle.

In addition, Robert Troncoso, an associate with the Law Offices of Michael E. Mitchell also successfully obtained two dismissals of DUI cases and had the records of a DUI arrest successfully sealed in a minor DUI case. Two weeks ago we also had a DUI successfully reduced a dry reckless driving, no DUI consequence, and a fine of $265.00; more over, the DUI suspension was reversed by the court.

Of course, these wins should not be taken as a prediction of future results, every case is different. But give us a call and I'd be happy to discuss your case and what we can do to help.

The Fresno Bee reports that a man recently died after a domestic violence incident in central Fresno.

While many people consider the victims of domestic violence incidents only to be women, that's simply not true. And another misnomer is that a person arrested for domestic violence is automatically guilty. These cases are almost always based on the word of one person against another. Unfortunately, law enforcement officers typically take sides with little or no evidence -- often that means the man is going to jail. Going by little information or evidence, police sometimes make incorrect Fresno domestic violence arrests.

That's why properly defending these types of cases is so important. An experienced Fresno Criminal Defense Lawyer can question the alleged victim as well as the police. Police can charge you with anything; it's what you are convicted of that matters.

In this case, the incident happened around noon one weekday in the 4000 block of Plaza Drive West. Police say a man and woman who live together with children got into an argument and the man was fatally wounded. Law enforcement didn't say the ages of the children or if they were home during the alleged fight.

Police say that after leaving the house, the man got into a car and sped down an alley before he crashed into a business. He was taken to a local hospital, where he was pronounced dead. The woman was also taken to a hospital.

A more updated version from the newspaper reports that the 35-year-old man was stabbed. Police are investigating the incident as a self-defense case.

Determining who is the aggressor and who is the defender is often the most difficult part of a domestic violence case. These cases almost always come down to a he said/she said situation. Neighbors may be able to tell police they heard arguing, but they probably didn't actually see anything. Eyewitnesses are often scarce or nonexistent.

If the stories vary, an aggressive Fresno Criminal Defense Attorney can question the scenario used to charge a defendant with domestic violence.

Also, police must be held accountable for their decisions. If an officer makes an arrest solely because he or she doesn't want to worry about having to get called back to the house or because they fear the fight could escalate and they could get in trouble, those aren't valid reasons for taking a person's liberty away.

Police must have probable cause to believe a crime has been committed and that doesn't just mean picking one of the two people in the house to arrest and marking the other as the victim. All of these questions must be answered -- giving an experienced attorney many ways to challenge a domestic violence charge.

Continue reading "Man Dies After Fresno Domestic Violence Incident" »

ABC News recently reported that police stopped a van in Southwest Fresno, which led to the arrest of three gang members.

Gang charges in Fresno can carry steep penalties because California lawmakers have enhanced penalties so much in response to gang-related violence. But what these laws have done is gone too far. People who receive mail or who have communication with a known gang member or even wear clothes of a certain color can lead to police determining you are part of a gang. The law is vague and allows for many interpretations, which is why hiring an experienced Fresno Criminal Defense Attorney is so critical early on in the process.

Once associated with a gang in a court of law, the designation can be virtually impossible to shed.

According to the story, a van carrying eight people was pulled over because two weren't wearing seat belts. Let's stop right there. Police officers aren't stupid. They can recognize people who have committed crimes in the past and they have been known to monitor them even though profiling practices have been criticized.

It may be difficult to determine that out of eight passengers, two weren't wearing a seat belt. With people crammed together inside a vehicle, even the trained eye may not be able to make that determination on a vehicle traveling 45 to 50 miles per hour.

The article goes on to state that the driver had a suspended license and after searching the vehicle, police found two loaded guns under the seats. Two men were charged for the weapons and a woman faces a charge for allegedly possessing a small amount of crack cocaine.

For one, it's unclear why police felt probable cause to search the van. If their initial stop was based on the fact that they spotted people not wearing seat belts, that's one thing. But even if the driver had a suspended license, what prompted them to feel the need to search the vehicle for weapons or drugs?

Simply having a criminal record, gang-related or not, doesn't mean police can search the vehicle, especially if the initial stop was based simply on a minor traffic infraction. And with eight people packed into a vehicle, proving who possessed the guns may be a tricky obstacle for the prosecutors assigned to this case.

In situations where several people are inside a vehicle, police must have solid proof that the weapons, drugs or illicit materials actually belong to the person they are charging. Simply riding with a group of friends doesn't mean a person should be charged with a crime if unknowingly, there is something illegal inside.

These matters and more must be addressed by a Fresno attorney intent on protecting the rights of those who are accused. An arrest is no proof that a person has committed a crime, despite what the news media or public thinks. Holding law enforcement and prosecutors accountable for their decisions and actions is absolutely necessary and must be done by challenging evidence, police reports and eyewitness accounts.

Continue reading "Fresno Police Stop Van, Arrest 3 Gang Members" »

The Fresno County Sheriff's Office recently arrested a 40-year-old man in what they call an ongoing criminal embezzlement case, KSEE reports.

Embezzlement is a fancy word that means stealing from your employer. it is considered a theft charge in Fresno and can be punishable by years in prison. That's why hiring an experienced Fresno Criminal Defense Attorney to fight the charges is essential.

According to deputies, the man was employed by Biola Community Services District and they began investigating him three months ago. In that time, detectives served search warrants and obtained financial records for the district. They say they found that the man had misused funds for his own personal gain.

Authorities say he issued two checks by the county -- totaling $25,000 -- to his personal bank account. Police believe he used the money to buy a 2005 Ford Mustang coupe and a 2003 Ford Mustang convertible. They also believe the money went to buying a 51-inch 3D television. After obtaining search warrants for his home, they found several vials of anabolic steroids, the television, one of the sports cards and several computers.

When they recently attempted to pull the man over, detectives report he sped off, causing a short police pursuit. After driving into a cul-de-sac, police were able to stop him and he was taken into custody. He is charged with embezzlement of public funds, misuse of public funds, forgery, possession of anabolic steroids and evading arrest.

According to California Penal Code 503, embezzlement is "the fraudulent appropriation of property by a person to whom it has been intrusted." Obviously, public officials must be trusted with tax dollars, lest the people won't be able to trust the government's use of this money.

But like any charge of theft in Fresno, from shoplifting to robbery, the identification of the suspect must be challenged. In cases of public money being transferred to bank accounts, the state must be able to prove beyond all reasonable doubt that the defendant committed the crime by transferring the money into his account for personal gain.

These cases can be complex and must hinge on the police having probable cause to obtain the information they obtained. It's essential to look at their applications for search warrants, making sure they had some type of reasonable belief a crime had been committed and that the defendant committed it.

And in theft-related cases, the amount of money allegedly stolen is important because it usually determines what types of charges will be filed and how severe the penalties will be. For instance, there is a difference between theft and grand theft and it is determined by how much is stolen.

And this is another area of theft and larceny crimes that must be highly contested by an attorney. Because the amount the state is able to prove was stolen can be used in restitution proceedings. Restitution means the amount of money a defendant who is convicted must pay back to the alleged victim.

This can be a very important point to fight for the defendant. If he or she is sent to prison after being convicted, job loss will likely result. After having to spend time in prison and possibly probation upon release, then they are slapped with having to pay restitution. This can be a major burden, especially for someone who may likely be seeking employment after prison and just trying to get back on their feet.

Continue reading "Fresno Man Charged With Embezzling $61,000 From City" »

A Fresno high school football, softball and wrestling coach has been indicted on federal child pornography charges, KSEE News reports.

As Fresno Criminal Lawyer Blog recently reported, this isn't the first time a person of authority has been charged with sex crimes at a Fresno high school. In July, a former University High School teacher was sentenced to seven years in prison for having a sexual relationship with an underage student and texting explicit messages.

As aFresno Criminal Defense Lawyer, we report these events not to convict the defendants in public before any evidence has been presented, but to point out the seriousness of these charges. Fresno sex crimes can lead to years or decades in prison, as well as possible time on probation and could require registration as a sex offender -- which can sometimes be a lifelong punishment.

According to the news report, the 40-year-old coach was recently indicted in the Eastern District of California federal courthouse in Fresno. The investigation, according to the news agency, uncovered hundreds of pornographic images and videos on a home computer, including child pornography.

After a three-month investigation by Homeland Security and ICE, investigators gathered evidence and led to a grand jury indictment and arrest.

In 2008, the coach began working as a walk-on assistant softball, wrestling and football coach at Fresno High School. Investigators allege that during the last three years, the man sent and stored hundreds of pornographic images of minors on his home computer.

The man was released under supervision after an arraignment. He was ordered to live with his sister, who has two minor children. The judge told the man he "cannot be alone with the minors or any other minor," the news agency reported. He can't use the internet and can't frequent areas within 100 feet of children.

He faces a mandatory five to 20 years in prison, a $250,000 fine and potential lifetime supervision when released.

The charges are serious and, obviously, carry strict penalties. But these charges can be beaten in court. An aggressive Fresno Criminal Defense Attorney can attack many aspects of the case.

For one, in child pornography cases, an attorney must challenge whether the person arrested is responsible for sending, receiving and possessing the child pornography. If a computer is shared by many people in a household, it can be tough for prosecutors to prove who actually received and shipped out the images.

The images themselves can be challenged. Experts can be hired to examine the photos and determine whether the children depicted are actually children and not young adults who may not qualify under child pornography laws.

And some child pornography charges are wrongly brought against innocent defendants who simply use file-sharing software and have people hack into their computers and store illegal images. With the ability of people to use computer networks and illegal means to break into people's computers without them knowing, it could be possible for investigators to make an unlawful arrest based on false information.

Continue reading "Fresno Football Coach Charged With Possession of Child Pornography" »