Fresno Criminal Lawyer Blog

The Fresno County Sheriff's Office recently arrested a 40-year-old man in what they call an ongoing criminal embezzlement case, KSEE reports.

Embezzlement is a fancy word that means stealing from your employer. it is considered a theft charge in Fresno and can be punishable by years in prison. That's why hiring an experienced Fresno Criminal Defense Attorney to fight the charges is essential.

According to deputies, the man was employed by Biola Community Services District and they began investigating him three months ago. In that time, detectives served search warrants and obtained financial records for the district. They say they found that the man had misused funds for his own personal gain.

Authorities say he issued two checks by the county -- totaling $25,000 -- to his personal bank account. Police believe he used the money to buy a 2005 Ford Mustang coupe and a 2003 Ford Mustang convertible. They also believe the money went to buying a 51-inch 3D television. After obtaining search warrants for his home, they found several vials of anabolic steroids, the television, one of the sports cards and several computers.

When they recently attempted to pull the man over, detectives report he sped off, causing a short police pursuit. After driving into a cul-de-sac, police were able to stop him and he was taken into custody. He is charged with embezzlement of public funds, misuse of public funds, forgery, possession of anabolic steroids and evading arrest.

According to California Penal Code 503, embezzlement is "the fraudulent appropriation of property by a person to whom it has been intrusted." Obviously, public officials must be trusted with tax dollars, lest the people won't be able to trust the government's use of this money.

But like any charge of theft in Fresno, from shoplifting to robbery, the identification of the suspect must be challenged. In cases of public money being transferred to bank accounts, the state must be able to prove beyond all reasonable doubt that the defendant committed the crime by transferring the money into his account for personal gain.

These cases can be complex and must hinge on the police having probable cause to obtain the information they obtained. It's essential to look at their applications for search warrants, making sure they had some type of reasonable belief a crime had been committed and that the defendant committed it.

And in theft-related cases, the amount of money allegedly stolen is important because it usually determines what types of charges will be filed and how severe the penalties will be. For instance, there is a difference between theft and grand theft and it is determined by how much is stolen.

And this is another area of theft and larceny crimes that must be highly contested by an attorney. Because the amount the state is able to prove was stolen can be used in restitution proceedings. Restitution means the amount of money a defendant who is convicted must pay back to the alleged victim.

This can be a very important point to fight for the defendant. If he or she is sent to prison after being convicted, job loss will likely result. After having to spend time in prison and possibly probation upon release, then they are slapped with having to pay restitution. This can be a major burden, especially for someone who may likely be seeking employment after prison and just trying to get back on their feet.

Continue reading "Fresno Man Charged With Embezzling $61,000 From City" »

A couple who ran a restaurant and catering business in Bakersfield were recently indicted on federal fraud charges for allegedly racking up tens of thousands of dollars in illegal credit card charges, ABC News.

Fresno Fraud Defense Lawyers have seen cases where people make mistakes and are punished in a big way. Federal fraud charges in Fresno and elsewhere are difficult to defend because the government has seemingly unlimited resources to come after a person they suspect of wrongdoing.

In this case, the defendants are charged with 29 counts of conspiracy to commit wire fraud, wire fraud and credit card fraud. Both have pleaded not guilty. According to the news story, the couple would charge $1,000 or more on several customers' credit cards at their restaurant, which closed in 2010.

According to the news article, when customers complained, the charges were reversed. But in the process, banks and processing companies still lost money on the transactions. And in cases where a customer didn't complain, the couple would get away with thousands in ill-gotten profits, prosecutors allege.

The maximum penalties for conspiracy to commit wire fraud and wire fraud is 30 years and a $1 million fine. The maximum penalty for credit card fraud is 10 years and a $250,000 fine. These are among the steepest penalties available for theft crimes under the law. How a person is charged can have a major impact on their case. It's possible an experienced attorney can negotiate for lesser charges or prepare a defense aimed at backing prosecutors down.

Offenses involving banks, transactions over what federal prosecutors call "the wire" and others can be charged in a federal court because they cross state lines. Also, crimes committed on federal property, such as in the Sequoia and Kings Canyon National Park and Yosemite National Park must be prosecuted in district court.

Many times, federal crimes carry much tougher penalties that state crimes and can be more intimidating because federal prosecutors have fewer cases to handle and more time to dedicate to focusing on individual defendants.

While a defendant's criminal history is certainly a factor in determining a potential prison sentence in federal court, someone charged with dozens of crimes can have a difficult time asking for a low sentence. In state court, sometimes prosecutors will allow for diversion programs and probation, but in federal court, it is difficult to get out of going to prison if found guilty.

For these reasons, an experienced and aggressive defense attorney should be hired to defend cases brought against suspects in the United States District Court for the Eastern District of California in Fresno. Knowing federal law, understanding the rules of procedure and the local rules established by the court is key because they must be strictly followed.

Trust Fresno Criminal Defense Lawyers, who have been handling fraud defense and federal crimes defense for years. These areas are complex and require a dedicated attorney to be on your side.

Continue reading "Bakersfield Restauranteurs Charged With Credit Card Fraud in Fresno" »

A Fresno armed robbery suspect was struck by a Fresno police detective's car and sent to the hospital with a head injury, according to The Associated Press.

Robbery in California is a serious crime and requires an experienced Fresno robbery attorney qualified to properly defend suspects against such serious charges.

Robbery is a crime defined by taking something from someone against their will and with force or threat. In California, the use of a weapon can enhance a potential sentence from a few years in prison up to life in prison.

The state has many laws on the books to deter people from committing robbery, such as the Three Strikes Law, which requires at least a 25-year prison sentence after three felony convictions. Prosecutors also have the 10-20-life law that requires at least 10 years in prison if convicted of using a gun during a crime.

The difference between robbery and burglary is that burglary is taking something from the home or vehicle of a person, rather than stealing it directly from them. Bank robbery, however, is especially serious because it is a federal offense and will be prosecuted in U.S. District Court.

In the case of the man struck by a Fresno police car, he is being hospitalized in critical condition. Police say the man was running from a check-cashing business recently when the detective noticed a car that she thought fit the description of a vehicle linked to a string of 10 armed robberies in recent weeks. Police said that a short time after following the vehicle, the man ran from a check-cashing business in front of the detective's car and was hit.

Fox News reports the man is being treated at Community Regional Medical Center in Fresno.

Continue reading "Fresno Robbery Suspect Hit By Police Car, Hospitalized" »

The other day the question arose as to what the rules are when it comes to transporting a firearm in your vehicle, or even to and from your vehicle to your home. As Fresno Criminal Attorney, I often represent clients who stand accused of improperly transporting firearms or improperly concealing firearms. Unfortunately, there is really no room for error. In Fresno, County, if you run into a Police Officer or Sheriff Deputy who is having a bad day, he or she can arrest you and cite you for either a misdemeanor or a felony if you happen to be, even unintentionally, violating the law when it comes to transporting a firearm.

It is important to note that you are looking at a possible felony if the gun is loaded or the ammo is within your possession and the gun is concealed, but a misdemeanor violation if the gun is concealed, but unloaded and the ammo is not within your immediate presence. (Penal Code section 12025(b)6-(b)(7)) OK, so what are the rules?

The first rule is that you can only carry a firearm if it is unloaded and openly displayed on your person in a belt holster (Penal Code section 12025 (f)). That is the "open carry" provision in California law. A firearm may also be carried to and from your vehicle, but must be in a locked and sealed container. A locked container and sealed container means a fully enclosed container that is secured by some type of locking device (i.e. a padlock, combination lock, etc.) (Penal Code section 12026.1). Due to the complexity in the law when it comes to what is acceptable and what is not acceptable under the law when it comes to transporting a firearm, mistakes can and do happen. If you have been charged with transporting a firearm or carrying a loaded firearm improperly, it is imperative that you contact a knowledgeable Fresno Criminal Defense Lawyer.

Ok so how about carrying the gun in my trunk?, you might ask. So you can carry a firearm in your vehicle as long as it is unloaded and in the previously mentioned sealed and locked container. Or you can carry it unloaded and in your trunk. It is important to note that a locking glove box or utility compartment doesn't count. So if you have the gun in one of those utility compartments in the back of your SUV it may not qualify under the law. This does raise a conundrum, which is I can have an unloaded firearm in my locked trunk, but not in a sealed and locked container, but I'm violating the law if I carry that unloaded firearm to and from, say my place of business, to my vehicle without the gun being in a sealed and locked container. There is a possible exception which allows you to do that (see Penal Code section 12026.2 (6)); however, I prefer to live in the broad black and white area in my own life rather than in the shade of gray exception to the rule area. That is just my own preference.

As far as a firearm being loaded, the law provides that a gun is considered loaded if there is a live round attached in any way to the gun, such as in the chamber or in the clip which is attached to the gun. (Penal Code section 12031(g). Some people have raised the question whether ammo could be carried in the locked trunk with the firearm. Penal Code section 12031(g) seems to indicate that carrying the ammunition in the trunk would not make the firearm "loaded" under the law.

I hope this blog article is informative and provides some worthwhile information. If you or someone you know is facing any type of firearms violation charge, contact the Law Offices of Michael E. Mitchell, A Professional Corporation, today to speak with an experienced criminal defense attorney. (559) 222-2424.

As Fresno Criminal Defense Attorney, I am often confronted with the Miranda question. Clients will often bemoan the fact that police officers did not read them their Miranda rights prior to placing them under arrest. This is by far the most common complaint that clients raise when I see them in my office. Miranda v. Arizona 384 U.S. 436 (1966), has become one of the most famous cases of all time. It's fame if, of course, due in large part to t.v. crime dramas such as Law and Order and old episodes of Hill Street Blues.

However, Miranda warnings only come into play if the cops want to use a statement against you in court. Many lay people in Fresno, and the rest of the United States, commonly believe that if the police don't read you your Miranda warnings. However, the landmark case of Miranda v. Arizona led to a singular holding that police must warn people of certain rights if they are in police custody and the police are interrogating them.

The reason behind Miranda is that people should be reminded that they have certain rights bestowed upon them by the U.S. Constitution and they can invoke those rights at anytime. Custody means that you are in effect not free to leave. A brief roadside detention has been ruled not to constitute a custodial situation. (see Berkemer v. McCarty 468 U.S. 420 (1984).) In other words, Miranda warnings are triggered when there is custodial interrogation.

In addition, the remedy for a violation of Miranda is that the statement is rendered inadmissible in court and any evidence obtained from the statement is inadmissible, unless the police can trace their discovery of that evidence to an independent source.

The case will not be tossed out just because the police did not read you your Miranda rights unless Miranda was triggered by a custodial interrogation situation and their case hinges upon evidence obtained as a result of your statement. This is not an uncommon situation, however, how Miranda works is not properly understood by many people outside the legal community. And for good reason, it is extremely confusing. Any case where the lack of Miranda warnings is a real issue, should be vigorously pursued by an knowledgeable Fresno criminal lawyer.

Continue reading "Fresno Arrests and the Reality of Miranda Warnings " »

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 .

Two woman face felony child cruelty charges in Fresno after authorities say they were caught on a YouTube video encouraging a fight between two girls, ages 12 and 13, according to FOX 26 News.

This is one of an increasing number of examples of social media playing a role in the arrest or conviction of a defendant. Fresno criminal defense lawyers are frequently warning defendants of the dangers of discussing court cases, evidence or other sensitive information on Facebook, MySpace, Twitter or other social media sites.

Such information is finding its way into the courtroom in an increasing number of cases. Just as you should not discuss your case with cellmates, or while on the telephone from jail, neither should you discuss your case on Facebook, or post incriminating photos or video of yourself on YouTube or other social networks.

In this case, the two women, ages 32 and 43, were arrested and charged with felony child cruelty. The two girls, who had a long-running feud, had agreed to fight each other at Brown & Sierra Vista. The defendants, an aunt and the mother of the one girl, were caught on video encouraging the violence. The video was discovered by the parents of the other teen. The Fresno County Sheriff's Office dispatched deputies to track down the women based on the videotaped evidence. Both were arrested and have been booked into Fresno County Jail.

You have the right to remain silent: Exercise it.

Continue reading "Advice from a Fresno defense lawyer: Social networks are not your friend" »