Fresno Criminal Lawyer Blog

ABC 30 is reporting that a man who is suspected of burglarizing a southeast Fresno cell phone store recently was caught after he fell through the ceiling and ran off. Workers called police after they noticed the man's leg dangling through the ceiling.

It's quite a challenge for a Fresno criminal defense attorney to defend a client who gets caught red-handed in a crime. But, as is the case here, police are attempting to pin several burglaries on this one suspect. Sometimes, that doesn't work out so well for them.

Burglary in Fresno can sometimes be difficult for police and prosecutors to prove. Just because law enforcement officers discover many unsolved cases that happen to be of similar style to each other doesn't necessarily mean one person committed all the crimes.

Yet, when police -- especially in California, where there are thousands of unsolved theft crimes, including vehicle thefts -- find one suspect they believe is 100 percent guilty, they sometimes try to stack charges against the person so they can consider his or her other unsolved cases closed.

It's a travesty that, for purposes of statistical analysis and grant money, police would consider cases closed even with minimal proof that a person committed them. In a burglary case, the facts are almost always similar -- someone uses burglary tools to pry open a window or door and break into a house or place of business in a certain neighborhood.

That could be quite a stretch thinking that only one person could be committing every burglary or other crime. Yet, many people accused of theft-related crimes, such as burglary, robbery or grand theft in California, are saddled with a bevy of charges when law enforcement officers may only have proof they have committed one.

This may be the case in the recent Fresno burglary arrest. Police say janitors found the dangling legs of a 35-year-old man in the roof of the ceiling of a cell phone store one recent Monday night. The janitors then saw him fall through the ceiling.

As one of the janitors called police, the man took off. Police say they caught him nearby a short time later.

Without citing any additional evidence, the news blurb says that police have arrested a suspect "in a string of burglaries in Southeast Fresno." The article goes on to say that the man has a recent conviction, which shows no proof of the current charge.

It's a typical strategy by prosecutors to charge a defendant with as many counts as they may possibly be able to prove -- even if the "proof" is borderline evidence at best -- in order to force a defendant into taking a plea agreement. This way, the state is all but guaranteed to secure prison or jail time for a defendant. They know there's a good chance the defendant will see the many charges facing them and take the first offer that's made.

But that's not always the best strategy. Along with coming up with a strong defense strategy, an experienced Fresno criminal defense attorney can present facts that could prove to be invaluable during any plea negotiations that the defendant may face.

Continue reading "Fresno Man Arrested for Burglary After Falling Through Store Ceiling" »

Two men are facing burglary charges in Fresno after authorities accuse them of committing 15 burglaries in Visalia over the last five months, according to a report in the Vasalia Times-Delta.

This is a classic example of a case that should be handled by an experienced and aggressive Visalia criminal defense attorney. From the probable cause for the search warrant to the allegations alleged in the criminal charges, an experienced attorney may well succeed in having the charges reduced or dismissed.

The two 27-year-old men were reportedly "casing" a Visalia neighborhood when they aborted an alleged burglary attempt because of the "inadvertent positioning of a vehicle by an unwitting Visalia resident," according to the assertions in the police report.

Apparently, that was enough to get a judge somewhere to sign a search warrant. At the North Marks Street home of one of the defendants, police found "numerous items" believed stolen from various homes in Visalia.

The men face assorted charges, including possession of burglary tools and possession of a firearm by a convicted felon.

In addition to challenging the probable cause used to obtain the search warrant, a defense attorney should challenge the assertion that the men possessed burglary tools. A screwdriver can be burglary tools if a cop says so. At least until his assertion gets to court. And the mere fact that items that may or may not have been stolen were found in the home of one of the defendants does not mean he participated in one burglary, let alone 15.

In a separate case, a 28-old-man is facing charges of car theft for allegedly stealing a vehicle in Fresno and using it to drive to Santa Barbara to pick his girlfriend up from jail, KSBY News reported.

Police say the gold 2000 Honda Civic was found parked in front of Ralph's Supermarket. The man and his girlfriend were arrested and police say he had an altered key that fit the Honda. He was arrested and charged with grand theft auto. He was also arrested on a $290,000 warrant for auto theft in Fresno.

Continue reading "Charges of Car Theft and Burglary in Fresno present Unique Issues for Defense" »

Fresno burglary charges and charges involving other property crimes, including robbery, shoplifting and auto theft, are among the most common criminal charges in Fresno County and throughout California.

A Fresno criminal defense lawyer will seek a reduction or dismissal of the charges on your behalf. Being convicted of a property crime can follow you for years, or even decades, and may make it difficult to hold certain jobs or retain or maintain employment.

In general, shoplifting and some other forms of petty theft may be filed as misdemeanors. The value of the item can elevate a theft allegation to the level of a felony, as happened recently to Lindsay Lohan, who was accused in the theft of a $2,500 "one-of-a-kind" necklace. In such cases, a defense attorney may challenge the value of the missing items.

In cases where physical force, or the threat of physical force, is used, a felony robbery charge may be filed. Such cases are much more serious, just as a case of carjacking is more serious than the theft of an unoccupied vehicle. Additionally, the presence of a gun in the commission of a theft crime may lead to more serious charges.

Receiving stolen property is another common charge. These charges are often beatable but are frequently threatened or filed by detectives seeking information about a theft crime. Regardless of the promises made by a law enforcement officer, keeping your mouth shut and contacting an attorney is always the best course of action.

A sampling of recent property crimes in Fresno includes:

-The Fresno Bee reports a 26-year-old Fresno man is facing a robbery charge in connection with the robbery of a Jack in the Box in south Fresno last week. Police say he was unarmed but told employees he had a weapon and demanded money. He left with an undisclosed amount of cash. Detectives report using surveillance video and witness reports to identify the suspect. He was taken into custody at his home near the restaurant on Sunday.

-A 24-year-old man is facing charges of carjacking in Fresno after incidents in parking lots off East Kings Canyon Road. Police say he dragged a 34-year-old woman from her vehicle on Dec. 20 and a 66-year-old woman from her vehicle on Jan. 27. Police say he confessed to both crimes, according to the Bee.

-The Bee reports a traffic stop led to the arrest of a Clovis burglary suspect. Several men in the area are believed connected to a number of residential burglaries.

Continue reading "Property crimes a common charge in Fresno, including burglary, robbery, carjacking, shoplifting" »

A 17-year-old teen has pleaded no contest to manslaughter charges in Fresno in connection with the shooting death of a man outside a Denny's restaurant last year, the Mercury News reported.

Hiring an experienced Fresno juvenile defense lawyer is critical to protecting the rights of young people charged with serious crimes. In this case, the teen is scheduled to be sentenced to 21 years in prison. He had initially be charged with murder, which carried a possible sentence of life behind bars.

The defendant had previously insisted that he was acting in self defense.

In other news, three teenagers are facing burglary charges in Fresno and charges of receiving stolen property after police say $8,000 worth of musical instruments and sports memorabilia was stolen from Mountain View Community Church. Burglars also took $1,600 in cash.

After investigating, police claim they received consent from the three teens to search a house on East Pontiac Way, where the stolen items were allegedly recovered. A Fresno criminal defense attorney will likely challenge the probable cause for the search in this case. When it can be proven that police acted inappropriately in searching a residence, the evidence can be thrown out, which typically results in a dismissal or reduction of charges.

Continue reading "Juveniles crimes in Fresno require aggressive defense" »