Fresno Criminal Lawyer Blog

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" »

Fresno Criminal Defense Attorney Michael E. Mitchell was able to procure a dismissal for an extremely grateful client this week on after announcing "ready for trial." This case involved an allegation of domestic violence. While the allegations in the complaint were extremely shaky, this case points to the fact that it is essential to be prepared to try a case before a jury.

Although the prosecutor reluctantly dismissed the case based upon witness problems. Fresno Domestic Violence Lawyer Michael E. Mitchell was ready to place the matter before 12 members of the community to decide whether the charges were true or false. His willingness to go to trial is often what makes the difference in a case being dropped. If your not willing to go all the way for a client, then criminal defense is not the area of law an attorney should be practicing. Mr. Mitchell knows this and brings his assertiveness and tenacity to the table for each and every client.

Child abduction charges in Fresno have been filed against the father of a 10-month-old boy, following a statewide Amber Alert, according to the Mercury News.

Fresno domestic violence defense attorneys are frequently called to handle criminal charges involving child custody. Whether the charge is domestic violence, violating a temporary protection order, theft, stalking or even child abduction, these cases involve high emotion and sometimes vindictive allegations.

Authorities can charge you with whatever they want. And frequently fathers find themselves waking up as defendants in nightmare scenarios. Please do yourself a favor and call and experienced criminal defense attorney in Fresno.Stop being jerked around by law enforcement and a former spouse or partner. Get a clear head, get your emotions out of the equation, and get legal assistance to protect your rights.

Too often, failure of a father to properly defend himself can have a negative impact on divorce or child custody proceedings. Even visitation may be restricted or supervised. Restraining and protection orders may prevent you from returning to your own home and claiming what is rightfully yours. And more serious legal problems frequently follow.

In this case, the 19-year-old father was found at his parent's home in Kern County. Authorities say he took his son from outside his mother's Riverdale home. The mother had obtained a restraining order temporarily giving her sole custody of the boy.

He allegedly took the child to his parent's home, before leaving with friends. His parents convinced him to come home and called the authorities. The child was not harmed.

The defendant has been released from jail on $100,000 bail.

Continue reading "Domestic violence charges, temporary protection orders, child abduction allegations, best handled by aggressive Fresno defense lawyer" »

The recent arrest of 18 suspects on domestic violence in Fresno is a reminder of the seriousness with which such charges are treated by authorities.

Domestic violence or assault charges are among the most intrusive criminal charges a defendant can face and should always be handled by an aggressive and experienced Fresno domestic violence defense lawyer. Restraining orders can prevent you from returning home or seeing your children, and loss of reputation among friends and family and even job loss commonly result. If convicted, jail time, treatment and lengthy probation and reporting requirements are commonplace. And a domestic violence conviction can prevent you from owning a firearm or working in certain types of jobs, including law enforcement and the military.

In this case, suspects with a history of domestic violence were targeted by 50 law enforcement officers, who spent the day serving arrest, search and probation warrants. Eighteen people were arrested, including six alleged gang members, and one firearm was recovered.

KMPH News reported it was the fourth such domestic violence sweep conducted this year by Fresno Police, with more sweeps planned through the upcoming holidays.

Under California law, a prosecutor will decide whether your domestic violence charge is a misdemeanor or felony. A domestic violence conviction in California will result in 52 weeks of mandatory counseling, 40 hours of community service, a no contact order with the victim, fines, court costs and jail time.

A misdemeanor domestic violence charge is punishable by up to 6 months in jail; a felony conviction carries a penalty of up to three years behind bars.

Continue reading "Fresno domestic violence sweep illustrates need to keep conviction off your criminal record" »