Fresno Criminal Lawyer Blog

A Fresno, Calif., elementary school teacher accused of having methamphetamine in her purse at school and her vehicle being involved in an armed robbery has a lot of people talking.

Most consider kindergarten teachers to be sweet and nurturing, but the image painted by police and the media after this arrest has destroyed that image. The woman and her attorney deny that she is guilty of any of the crimes alleged by Fresno officers.

Drug cases in Fresno, especially an increase in meth cases, can sometimes take on a life of their own due to the way the state tends to file charges. In many situations, prosecutors will add on charges related to possession, distribution, narcotics equipment and others that can heighten possible penalties against the defendant, thus making the case more difficult.

But an experienced Fresno Criminal Defense Attorney can see through these tactics and get to the bottom of the state's plan to railroad defendants. As the state files additional charges, the case can get more complex, so hiring an attorney who has years of experience handling these types of cases is invaluable.

In this particular case, with details provided by The Fresno Bee, the 53-year-old teacher not only is accused of having methamphetamine in her purse in her classroom, but also that her vehicle may have been used in connection with an armed robbery. Initial reports also state she may have had a knife on campus at Easterby Elementary School, where she has been employed for 25 years.

She and a 28-year-old friend were pulled over recently and arrested by Fresno County Sheriff's deputies during a traffic stop. Deputies allegedly made the traffic stop because the vehicle was used in an armed robbery in August, authorities said.

When asked about a black sunglasses case in the vehicle, the teacher said it was hers, yet her attorney denies that she knew there was two grams of methamphetamine inside. She normally carries the case in her purse, which detectives believe was recently in her classroom with children nearby.

The suspect is charged with possession of methamphetamine and child endangerment. She and the 28-year-old male who was arrested with her during the traffic stop are "acquaintances." The woman said she was trying to help him find a job.

She said she had allowed him to borrow her car, but she denies having any knowledge about the vehicle being used for a crime. Without having any knowledge that the vehicle could have been used for a crime, authorities will have a difficult time proving that she was involved.

As for the child endangerment charge, that seems to be a stretch. Because a sunglasses case had drugs in it -- that she denies knowing were there -- and because she normally keeps the sunglasses case in her classroom, authorities have charged her with endangering children.

Without any proof that the drug was in the classroom and children could have been put in danger as a result, that charge may not make it to trial. As for the possession charge, it is fairly common for traffic-stop drug cases to come down to which person in the car faces the charge.

Everyone can deny possessing the drugs, and often police have no clue to whom they belong. That is reasonable doubt and can be an avenue for the charges a person faces to be dismissed.

Continue reading "Fresno Kindergarten Teacher Charged With Meth Possession" »

Eight defendants are facing theft and drug charges in Porterville, according to the Fresno Bee.

The charges were the result of a two-week investigation and the execution of a search warrant on West Thurman Avenue. Detectives seized methamphetamine, stolen checks and a stolen vehicle. A Fresno criminal defense lawyer will carefully review the probable cause for the warrant and may succeed in challenging the results of the search.

In other news, the grandson of Clovis Mayor Harry Armstrong will enter a treatment program after pleading guilty to drug charges in Fresno. The 25-year-old man was charged with felony cultivation of marijuana and possession of marijuana for sale, The Bee reported. He will undergo treatment as part of a plea agreement -- he had faced almost four years in prison.

The defendant has a medical marijuana card that permits him to grow and smoke marijuana. However, it is not unusual for defendants to find themselves on the wrong side of the state's medical marijuana law.

He was arrested in March 2009 -- police alleged he was growing more than he was permitted with the intentions of selling it.

The treatment option is one option your defense attorney may be able to use on your behalf. In this cases, counseling will continue for at least 18 months. But, upon successful completion, the felony charge will be dismissed and the defendant will be left without a felony conviction as a result of this case.

Continue reading "Marijuana, Meth, involved in Drug Cases in Fresno, Porterville" »

Fresno's recent ban on outdoor marijuana gardens highlights the increasing complexity of dealing with marijuana charges in Fresno and the surrounding area.

Fox26 reports that the Fresno County Board of Supervisors moved last month to make outdoor marijuana gardens illegal. Whether or not the state's marijuana legalization issue -- Proposition 19 -- passes in November, confusion over the state's marijuana laws is likely to continue to get defendants in trouble for the foreseeable future.

As the state's medical marijuana law continues to come under assault by amateur politicians, laws that infringe upon the rights of medical marijuana patients, dispensaries and growers are becoming commonplace. Those facing any type of criminal charge involving marijuana should consult an experienced Reno defense lawyer.

Meanwhile, Governor Arnold Schwarzenegger signed a law last month that reduces possession of up to an ounce of marijuana from a misdemeanor to an infraction, no more serious that a traffic ticket. The maximum fine remains $100. But possession of more than an ounce of marijuana, possession with intent to distribute, cultivation charges or possession of drug paraphernalia can result in more serious charges. It is often such peripheral charges that result in a defendant facing significant penalties. Additionally, having a drug conviction on your record can have a wide range of consequences for years to come, including the inability to hold certain jobs or occupational licenses and an inability to qualify for certain types of government assistance, including financial aid.

Even if Proposition 19 passes, possession of more than an ounce of marijuana or possession of marijuana by a defendant under the age of 21 will remain a crime. And cultivation will be limited to a 25 square foot area, or a 5X5 area about the size of a card table.

Continue reading "Consult a Fresno defense attorney if facing criminal charges involving marijuana" »

Drug Enforcement Agency (DEA) special agents conducted a bust of a drug ring operating on California's West Coast (reported by the Modesto Bee.) The government agents arrested 11 suspected members of the organization along with a cache of drugs, weapons and money. As a Fresno criminal attorney, I have handled several complex and serious drug related offenses such as this one in Federal and State court.

As detailed by the head of the DEA operation, Scott Baker, the agents followed a suspected drug supplier, Roberto Martin Mendoza Ballardo, to Fresno, California. The DEA watched as Ballardo met with several associates in the Fresno, California area this last week. After a suspected drug related meeting, investigators pounced and detained a vehicle leaving the scene. Secreted inside the vehicle was $200,000.00 in cash. Defendants arrested in a narcotics case often need the assistance of a Fresno drug defense attorney to fight the government seizure of property. Swift deadlines mean that a drug attorney in Fresno must move quickly to fight an impending forfeiture.

DEA agents then tracked Ballardo to Eugene, Oregon where he was arrested along with his girlfriend, Patty Monson. The agents also confiscated 8 pounds of methamphetamine in Ballardo's vehicle. The total seizure amounted was over 20 pounds of combined narcotics, including methamphetamine, heroine and a half-pound of cocaine. The DEA also found a gun and quarter million in cash. It is important to find a knowledgeable Fresno criminal lawyer if you are charged with possession of narcotics and a firearm, since in both Federal and State court, possession of a firearm may mean increased penalties.

In all, agents recovered 11 pounds of methamphetamine, 9 pounds of heroin, a half-pound of cocaine, one handgun and about $250,000 in cash. They arrested suspected drug runners in Fresno, Merced, Santa Maria, and the Modesto and Riverbank area. Ballardo is suspected of obtaining his drugs from Mexico and distributing narcotics throughout the Central Valley and the rest of the United States. It is essential in any narcotics case to obtain the assistance of a knowledgeable Fresno criminal lawyer.

Read Modesto Bee Article here, Riverbank man seized in drug case .

I had a felony narcotics case set for preliminary hearing today in which I'd run a motion to suppress the discovery of the drugs on my client. The case was set in the main court house here in Fresno, California this morning. We had our motion filed and I spent some time before the case was called, discussing with the District Attorney our position on the case. In addition, the search involved a search by another officer who was not part of the Fresno Police Department; in addition the search was several years old by this time.

My client had discovered he had a warrant for his arrest when he was traveling out of state as a commercial truck driver. He hired me after he found out about the warrant. I put him back on calendar to get the Fresno arrest warrant recalled and set the matter for arraignment. We did the arraignment a month or so ago- by the way an arraignment, in case you didn't know is a fancy word for reading the charges and saying not guilty and setting the next court date.

Anyway, I looked through the police report and saw what was clearly an illegal search. I told my client we'd file the appropriate paperwork with the court and argue the motion that the search was unconstitutional as a violation of his fourteenth amendment against unlawful searches and seizures. A month later were back in court and just like that- case dismissed.

This case illustrates the importance of hiring a Fresno Criminal Attorney who can vigorously defend your case. The problem is, all too often, a lazy attorney would settle for telling his client to just plead to a drug program and then the case is over. A successful and aggressive Fresno Drug Crime Lawyer, however, will fight your case from beginning to end and make sure that a crappy case is tossed out when it should be tossed out.

Nearly 100 people have been arrested on marijuana charges in the San Joaquin Valley after authorities seized more than 430,000 pot plants, the Fresno Bee reported.

A Fresno defense lawyer experienced in handling drug charges should be called to represent anyone charged with violating California's marijuana laws. The use of marijuana for medical purposes and Proposition 19, the marijuana legalization issue on the November ballot, have led to confusion on the issue.

Growing marijuana is still illegal. Grow operations of any size will still be illegal even if Proposition 19 passes. It would permit growing marijuana for personal use in up to 25 square feet of space -- or about the size of a folding card table.

In many cases, criminal charges involving marijuana in California remain felonies. And even misdemeanor charges can result in a permanent drug conviction on your record, making it hard to hold certain jobs, rent an apartment or qualify for student loans or other forms of financial aid.

In this case, the raid was dubbed Operation Trident and involved close to two dozen law enforcement agencies, including the U.S. Drug Enforcement Agency and the National Park Service. Police also confiscated close the three dozen weapons, cocaine, methamphetamine and more than $1,400 in cash.

The other thing about these massive busts is that the cases are often not very good. Authorities love to make a big splash with lots of arrests and charges and a cool name. But there is really no such thing as "close work" between "two dozen law enforcement agencies." It is not unusual for many of the defendants charged in such large-scale raids to plead to reduced charges. And often times an experienced Fresno defense attorney can succeed in having the charges dismissed long after the authorities have soaked up the media spotlight and are forced to prove their case in court.

Continue reading "Raid highlights need for aggressive representation when facing marijuana charges in Fresno" »