Fresno Criminal Lawyer Blog

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.