Fresno Criminal Lawyer Blog

As the Thanksgiving holiday weekend approaches, people are finalizing their grocery lists, planning their football-watching schedules and even looking forward to Black Friday shopping after the big meal.

One more thing -- Be on the lookout for Fresno police.

That's because as the holiday season approaches, police will be out in full force, setting up DUI checkpoints and increasing patrols to try to nab drunk drivers.

Picking up a charge of DUI in Fresno can be enough to ruin not only the holidays but the months and maybe years ahead. Drivers know that if they pick up this charge they can not only face extreme penalties, such as jail or prison time, a suspended or revoked driver's license, fines and fees and other sanctions, but also they can possibly lose their job and have personal problems.

This is why it's so critical to consult with an experienced Fresno DUI defense lawyer as soon as you can following your arrest. You should refrain from giving any statements to police, as they will use those against you in court.

These charges are serious and police will attempt to make as many arrests as possible during the holiday season. Officers will look for people who are swerving from lane to lane, speeding, running red lights or committing other traffic infractions in order to give them a reason to make a stop.

After that, they will look for slurred speech, glassy or bloodshot eyes or other reasons to begin conducting a DUI investigation. This may be followed by field sobriety tests, a request for a breath test or blood test.

DUI has been in the news lately, as two DUI-related accidents serve as a reminder that driving after drinking alcoholic beverages can be deadly.

In one case, a Clovis man who was killed by an alleged drunk driver was recently laid to rest the same day the suspect in the case made her first court appearance, ABC News reports.

According to court records, a 24-year-old woman allegedly hit the man's Jeep, causing the vehicle to roll down an embankment. The 54-year-old victim died at the scene. Police said the woman allegedly drove off and was pulled over by police a short time later.

In an unrelated incident, Fox News reports that an alleged drunk driver pulled in the path of an off-duty Fresno police officer in Clovis and caused a crash on his motorcycle.

Police have said the 24-year-old driver had a blood alcohol level above the state's 0.08 legal limit when the crash happened. Investigators believe he pulled out in front of the motorcycle. They have charged him with two felony counts.

Certainly the fact that a police officer was the alleged victim of a drunken-driving episode will bring additional exposure to this crime. That, in turn, may cause local law enforcement area-wide to step up their efforts to track drunk driving.

But not all drivers arrested for DUI are guilty and there are many defenses to the crime. If you are suspected this holiday season of DUI in the Fresno area, call an experienced Fresno DUI defense lawyer immediately.

Continue reading "Enjoy Turkey Day and Keep an Eye Out For Police Seeking DUI Arrests in Fresno" »

Fresno police have arrested a man they suspect was responsible for killing a man inside a Fresno restaurant recently, The Fresno Bee reports.

Charges of murder in Fresno were levied against a man whose name is being withheld by authorities. They accuse him of shooting a 35-year-old inside the Me Kong restaurant on Belmont Avenue recently.

Fresno criminal defense lawyers will be following this case because police have no idea what led to the argument that ended in violence. And it's unclear what evidence, if any, that police had to make the arrest.

According to the news report, police responded to the restaurant around 1:30 a.m. on Nov. 13 and found the man suffering from a gunshot wound. He was taken by ambulance to a hospital, where he was pronounced dead.

Police made the arrest after a traffic stop at North First Street and East Ashlan Avenue, after receiving several anonymous tips that led officers to the suspect, the newspaper reports. Police said the shooting doesn't appear to be gang-related, but they don't have a motive. They haven't released the names of the suspect or victim.

Adding to the intrigue of this case is the fact that police said they found 100 pounds of marijuana with a street value of nearly $116,000 inside the man's vehicle that were stored in garbage bags and moving boxes. The news reports also The suspect has a history of violent crimes and has served time in prison.

The man's wife was also arrested, though it's unclear what she was charged with. She is being questioned, police said.

ABC News reports that police have detained "several other people" for questioning because the man allegedly "held out" at someone else's house over night after the shooting.

Again, police haven't presented any information that seems to link the man to the shooting, yet he has been arrested. Anonymous tips and other weak witness information can be advantageous to a murder defendant. Police desperately try to nail down a suspect in a homicide case because of the outcry from the public as well as the fact that someone has been killed.

But sometimes, investigators put too much stock in poor witnesses or those without enough independent information to make them worth listening to. What prosecutors sometimes discover is that those shaky witnesses will recant their testimony or change it once they are questioned by a defense attorney or once the case gets close to trial.

These people often can't be trusted. And an experienced and dedicated Fresno defense lawyer will be able to spot who is telling the truth and who has a motivation to lie. These people can be exposed in court. And in order to ensure a fair trial and a defendant's rights are upheld, if they are to be convicted, it must be with credible witnesses and evidence derived from police who follow the rules.

Continue reading "Man Held in Killing at Central Fresno Restaurant" »

Fresno police fired at a person they are calling a "prolific" car thief after he allegedly led police on a chase that ended in a crash, KSEE reports.

As Fresno criminal defense lawyers reported in July, Fresno ranked first in the nation in auto thefts. It has been a problem that city officials that law enforcement have been working on for a while, but with few victories.

Perhaps it was the frustration of knowing their city is known for its high number of vehicle thefts that led them to get into a high-speed chase with a man and then fire rounds at him for allegedly committing a non-violent crime. While auto theft in Fresno has been on the rise and is a serious crime, officials must ask if police should be using deadly force for this type of crime.

KSEE reports that the man allegedly led police on a chase and "prompted" officers to fire on him. Police believe he is responsible for committing several vehicle thefts. The man was reportedly driving a stolen vehicle when officers spotted it.

They say the man resisted arrest and fled. Police say he tried to run over officers, which is why they started firing on him. He was hit twice and continued driving. There was a woman inside the vehicle, as well.

Police say he lost control of the car and hit a house. Both the man and the woman were arrested by police.

Crime Voice has a few additional details.

The online publication reports that members of the Fresno Police Department's career criminal auto theft team were trailing the 32-year-old. He pulled into the parking lot of a convenience store at Tulare and Peach streets and the woman got out of the vehicle to go inside the store.

That's when officers moved in to make an arrest, but he allegedly tried to run over officers, prompting the 11 a.m. shooting in public by police. The man was struck twice in the chest.

After heading west on Tulare, the man eventually lost control near Willow Avenue. He was rushed to the hospital and is expected to survive. A female passenger was injured in the crash.

The man now faces charges of suspicion of assault with a deadly weapon. Police said they may be adding charges and say he's responsible for many stolen vehicles in Fresno.

This seems peculiar. Police say he was in a stolen vehicle and that's why they were following him. That's also why they were attempting to arrest him, yet they haven't filed any charges related to those allegations.

When the news media write their initial stories, they're typically one-sided. They receive word from the police from a law enforcement perspective, yet the suspect is likely in jail or has been advised not to say anything publicly. This can create false information presented to the public that can only be straightened out at trial.

Things are not always what they appear at first and the public -- potential jurors -- must keep an open mind if they are called to make decisions about high-profile crimes.

Continue reading ""Prolific" Fresno Auto Theft Suspect Fired On, Arrested By Police" »

A 54-year-old man recently died after a fender-bender that caused the driver to tumble down an embankment, ABC News reports.

Charged is a 24-year-old woman who now faces charges of DUI, driving on a suspended license, felony hit-and-run, and murder, the TV station reports.

Charges of DUI in Fresno will get more and more attention as the holidays approach. Law enforcement will spend more and more time ramping up DUI checkpoints and saturation patrols to try to bust drunk drivers.

But as Fresno criminal defense lawyers have seen from time to time, officers looking for intoxicated drivers sometimes make arrests even when there isn't an abundance of proof of driving under the influence.

When drivers are pulled over, other than during a scheduled checkpoint operation, the officer must have a reason, such as speeding, swerving or some other driving infraction. They can't simply pull over a vehicle randomly to try to prove a DUI was committed.

Once pulled over, the officer's observations will largely determine if he or she will begin a DUI investigation or stick to citing the driver for the speeding or traffic violation. For instance, if the driver has slurred speech, bloodshot or "glassy" eyes or other indicators of alcohol consumption, the officer may begin the routine for DUI. That includes a possible field sobriety test, breath test and other exercises to determine whether a person may be under the influence of alcohol or other substance.

But even in situations where a person passes field sobriety tests and perhaps refuses to take a breath test, officers could still charge a person with DUI and book them in jail. It may seem unfair, but if officers believe a crime has been committed, even if there is some proof against it, they can still make the arrest.

For the suspect, he or she now has a criminal record and possibly a spot on a local TV station or a story and a mug shot in the local newspaper and on its website. The person must now muster up the strength to do all that is possible to defend against the charge and restore their good name.

In this case, the 24-year-old left a concert and rear-ended a Jeep Wrangler. The impact allegedly caused the driver of the Jeep to lose control and go off an embankment. The driver died at the scene.

Police say the driver of the other vehicle kept driving and didn't stop at the scene. Video shows that the airbags in her sedan even deployed. The news station reports that the 24-year-old passed out in the back of a patrol car the night of crash. It's unclear if police conducted any tests to determine a blood-alcohol level.

In California, it is possible for a person to face a charge of murder in Fresno under California Penal Code 187 if alcohol was a factor in a crash that killed someone. Under this law, a person faces murder in the second degree, which is punishable by 15 years to life in prison.

Continue reading "Woman Charged with Murder in Fresno After DUI Crash" »