Fresno Criminal Lawyer Blog

CBS News is reporting that a Fresno juvenile has been charged in connection with the shooting of a 91-year-old woman.

The news station reports that the incident happened during a home invasion robbery on Thanksgiving morning in San Joaquin.

Fresno criminal defense lawyers take cases of shootings in Fresno very seriously because we understand that the state can come after a defendant and seek major penalties. In cases where gang activity is alleged, lawmakers have allowed for provisions in the law that can lead to more serious sanctions against a defendant. When weapons are alleged as part of a case, that is another avenue for prosecutors to pile on charges.

According to the news report, a person climbed through the window of a house where the 91-year-old and her 63-year-old daughter live. Police say they tracked a 17-year-old to an apartment complex more than a mile away. Detectives are charging the teen with attempted murder and his mother with accessory after the fact. Deputies have said the teen attempted to hang himself in a holding cell. Deputies won't say what led them to the suspects.

The Fresno Bee has some additional details. The newspaper reports that the teen allegedly shot the woman in the neck even though neither woman fought back. He also didn't steal anything.

The newspaper reports that along with the attempted murder charge, the teen will face charges of home-invasion robbery and felony elder abuse. The 91-year-old is recovering at a hospital, and was listed in very serious condition.

In this case, because of the teen's age and the severity of the charges, he will likely be charged as an adult. And if the woman dies, he could face first-degree felony murder.

In California, there are two ways to face first-degree murder. The first is if police can prove the crime was premeditated, meaning it was planned in advance. The most common is if a person was killed while the suspect was committing another felony crime, such as a robbery, sexual assault or kidnapping or another felony.

If the woman dies, police may be able to try to show the teen committed a home-invasion robbery at the time he killed the woman, even if she didn't die until later. It's unclear why the boy's mother was charged, although it's possible she knew he committed the crime and helped him hide evidence.

When teens are charged, it depends on the facts as to whether they will be charged as a juvenile or as an adult. If the teen has a history in the system, prosecutors may try to charge the person as an adult to try to get him or her to stop committing crimes. Even if they are new to the system, the severity of the allegations combined with the age of the defendant can lead to adult charges.

Most people understand that being charged as a juvenile is preferable, but it's no picnic. Probation, community service, boot camps or other sanctions may be possible. And a conviction could hamper their future. Fighting the charges is important to any teen.

Continue reading "Fresno Juvenile Charged In Home Invasion, Shooting of 91-Year-Old" »

ABC News recently reported that police stopped a van in Southwest Fresno, which led to the arrest of three gang members.

Gang charges in Fresno can carry steep penalties because California lawmakers have enhanced penalties so much in response to gang-related violence. But what these laws have done is gone too far. People who receive mail or who have communication with a known gang member or even wear clothes of a certain color can lead to police determining you are part of a gang. The law is vague and allows for many interpretations, which is why hiring an experienced Fresno Criminal Defense Attorney is so critical early on in the process.

Once associated with a gang in a court of law, the designation can be virtually impossible to shed.

According to the story, a van carrying eight people was pulled over because two weren't wearing seat belts. Let's stop right there. Police officers aren't stupid. They can recognize people who have committed crimes in the past and they have been known to monitor them even though profiling practices have been criticized.

It may be difficult to determine that out of eight passengers, two weren't wearing a seat belt. With people crammed together inside a vehicle, even the trained eye may not be able to make that determination on a vehicle traveling 45 to 50 miles per hour.

The article goes on to state that the driver had a suspended license and after searching the vehicle, police found two loaded guns under the seats. Two men were charged for the weapons and a woman faces a charge for allegedly possessing a small amount of crack cocaine.

For one, it's unclear why police felt probable cause to search the van. If their initial stop was based on the fact that they spotted people not wearing seat belts, that's one thing. But even if the driver had a suspended license, what prompted them to feel the need to search the vehicle for weapons or drugs?

Simply having a criminal record, gang-related or not, doesn't mean police can search the vehicle, especially if the initial stop was based simply on a minor traffic infraction. And with eight people packed into a vehicle, proving who possessed the guns may be a tricky obstacle for the prosecutors assigned to this case.

In situations where several people are inside a vehicle, police must have solid proof that the weapons, drugs or illicit materials actually belong to the person they are charging. Simply riding with a group of friends doesn't mean a person should be charged with a crime if unknowingly, there is something illegal inside.

These matters and more must be addressed by a Fresno attorney intent on protecting the rights of those who are accused. An arrest is no proof that a person has committed a crime, despite what the news media or public thinks. Holding law enforcement and prosecutors accountable for their decisions and actions is absolutely necessary and must be done by challenging evidence, police reports and eyewitness accounts.

Continue reading "Fresno Police Stop Van, Arrest 3 Gang Members" »

The Fresno Bee recently reported that police arrested seven people in connection with alleged violent graffiti taggers.

Tagging crews are considered by some to be a gateway to gang activity; juveniles frequently participate in these groups. But juvenile crimes in Fresno have serious consequences and can have long-term ramifications. Hiring an experienced and aggressive Fresno Criminal Defense Attorney is critical to protecting the rights of young teenagers in trouble with the law.

According to police, they also seized three weapons as part of their operation. Forty officers from three agencies searched 34 locations resulting in the seven felony arrests. Three of the arrests were for probation violations, three for warrants and one for possession of a sawed off shotgun.

According to the newspaper report, it's unclear how the arrests were related to tagging. And the newspaper article doesn't state how old the defendants are.

In Los Angeles, officials there recently arrested eight members of an alleged tagging crew that authorities believe are responsible for more than 1,600 pieces of graffiti vandalism throughout Los Angeles County, the Los Angeles Times reports.

Under California law, any organization whose primary focus is carrying out criminal activity is considered a gang and given all the focus on gang activity throughout California, it doesn't take much to fit that definition. You can be linked to a gang even for receiving mail from a known gang member.

And under the law, penalties can be enhanced for crimes committed related to gang activity and can turn sentences from months into years and years into decades, if not properly defended in court.

Tagging crews and many gangs are known for attracting young people. And that's why many teenagers are accused of committing crimes. But those arrested as a juvenile shouldn't take these charges lightly. Some consider juvenile charges no big deal, but they have long-term implications.

For one, teenagers charged with a crime can be disqualified from earning scholarships, getting into college and serving in the armed forces or even being able to get a job.

Being charged as a juvenile is much more advantageous than being charged as an adult. The criminal justice system seeks to punish defendants who are convicted, while the juvenile justice system seeks to rehabilitate teenagers in order to stop them from committing crimes in the future.

The system does this by making them participate in work camps or serve time on community service rather than being sent to prison, where they are housed with hardened criminals.

But being prosecuted as a juvenile is no sure thing just based on age alone. The state has the discretion many times to charge a teenager as an adult, depending on the circumstances. That's why hiring an experienced Fresno Criminal Defense Attorney is so important. Being able to talk with prosecutors and lobby on behalf of a defendant can mean the difference in how the case proceeds.

Continue reading "Fresno Police Arrest Seven in Tagging Crew Operation" »

In May, Fresno DUI Attorney Michael E. Mitchell successfully obtained a not guilty verdict for a young man accused of driving with over a .01 Blood alcohol concentration.

In a well reasoned decision, the Fresno County Superior court rightfully concluded that the officers failed to show that the young man had violated the law. While the law in Fresno, California, as across the State, specifies that a person under the age of 21 may not drive with any measurable amount of alcohol, the burden is still on the officers to prove it. The state is required to prove each an every allegation to support their charges against an accused. Speaking with a knowledgeable DUI lawyer in Fresno can help you chart a course of action to defend your under 21 or juvenile DUI case.

In this case, due to the inaccuracies of the breathalyzer- they could not satisfy their burden. At two prior court dates the court moved to dismiss the case, this was opposed by the Defendant and his Fresno DUI Lawyer, Michael E. Mitchell. The reason the defense opposed this request is due to the fact that a not guilty verdict was needed to overturn the erroneous DMV suspension.

After the successful not guilty verdict, the case was then overturned at DMV based upon proof of the not guilty verdict. This case highlights why contacting an expert Fresno DUI defense attorney in Fresno, such as Mr. Mitchell is of critical importance if you want a shot at winning your case. The key is having a keen knowledge of the law and a desire to provide the best possible defense, even if the odds seem stacked against you. That is why we've highlighted this case, to illustrate the fact that even juvenile and under 21 driving under the influence cases are winnable.

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" »

Five suspects are facing gang charges after being accused of being members of the Bulldogs street gang in Fresno, the Monterey Herald reported.

A Fresno gang defense attorney should always represent juveniles or adults facing gang charges in Fresno or the surrounding area. In some cases, gang enhancement can lead to a longer prison stay if convicted. In other cases, a life sentence is possible. Fresno juvenile defense attorneys must be particularly vigilant in fighting any allegations of gang association. Once such an association is made, it can lead to stiffer penalties for gang crimes in the future and can make it that much more difficult to fight the allegation of gang involvement in the event of future criminal charges.

Gang enhancements are frequently abused by law enforcement and prosecutors and can significantly impact the potential penalty for a crime. The law makes it illegal to be involved with a street gang, a neighborhood gang, a motorcycle gang or other group engaged in criminal activity. However, there are more than 30 different criteria prosecutors can use to allege you are affiliated with a gang. Wearing clothes of a certain color, or being affiliated or photographed with someone who is affiliated with a gang can be enough to get charged with a gang offense.

In this case, the three are charged in Salinas on a 28-page complaint, alleging a multicounty crime spree. They are facing 17 felony counts, including vehicle theft, robbery, resisting arrest and attempted murder of a sheriff's deputy. Authorities allege they stole a Lincoln Navigator on Sunday in Fresno and drove to Pacific Cove, where they are charged with fleeing from a traffic stop. Two instances involved gunfire over the next several hours as they made their way down the coast.

San Luis Obispo deputies opened fire on the vehicle, flattening the tires and wounding the driver. The defendants range in age from 21 to 32 and are being held on bail as high as $1.6 million. Several of the defendants face the possibility of life sentences if convicted of the attempted murder of a man sleeping in his car in Big Sur.

All of the defendants have been charged with gang enhancements.

Continue reading "Gang charges in Fresno require aggressive defense for juvenile, adult defendants" »

Three teens face vandalism charges in Fresno for allegedly damaging a church early Tuesday morning, CBS 47 reported.

A Fresno juvenile defense lawyer should always be called to represent minors who are facing criminal charges. Unfortunately, parents sometimes decide to teach a child a lesson by essentially throwing them at the court's mercy. At other times, a parent may decide that, because a child is charges as a juvenile or because the charge is a misdemeanor, hiring an attorney is not warranted. Frequently, this is a mistake. Criminal charges can have a wide-ranging impact on a teenager's life and may even prevent them from entering the military, enrolling in college or receiving certain types of aid, including student loans. In other cases, a criminal charge may remain on a child's record in adulthood or may even count as a strike crime as an adult.

In this case, the Church of Christ Sierra Vista, near Maple and Clinton avenues, was damaged at about 1 a.m. Police alleged that five teens vandalized the church; three of the alleged defendants were caught after the intervention of nearby citizens. Police were called to the scene and three of the teens are facing felony vandalism charges.

Two other teens are still being sought.

These cases also often result in several defendants being disproportionately charged, based on which teens are the first to talk to police. In other cases, investigators make promises about a reduction or dismissal of charges that they are not empowered to keep. Defendants should not speak with investigators until and unless their attorney is present and gives permission. Any "deal" struck without your attorney will likely be unenforceable in court.

Continue reading "Teens charged with church vandalism; juvenile defense lawyer should handle criminal charges involving minors in Fresno" »

About 6 months ago, a lady came to see me because she had read my page on gang offenses on this website and thought that I might be a good match to represent her grandson on some very serious charges. She had already hired an attorney who she wasn't unhappy with, but felt as though she needed somebody who really knew what they were doing in the criminal arena. Her grandson was standing accused of some heavy duty offenses, four counts of attempted murder to start. Later that would turn into 14 counts, four counts of attempted murder, gang enhancements, shooting at an inhabited dwelling, multiple charges of assault with a semi-automatic weapon and first degree residential burglary. Really, other than a completed homicide, the case could not get more serious.

Well to cut to the chase, I decided to take on the challenge and represent this young man. In the course of our investigation, and much credit goes to my investigator Robert O'Day and Searchlight Investigations, we discovered several witnesses who were willing to testify to the truth- that my client was several hundred feet away from where this incident occurred and where the shots had been fired at the victim.

Despite some hesitance on the part of some of our witnesses, we eventually had our day(s) in court. Today, we saw that justice is still alive, the court decided that due to the state of the evidence, the charges against my client, and the other two kids who were charged, could not be found to be true beyond a reasonable doubt. The juvenile petition was not sustained and my client was set free. It will probably be one of those trials that I will look back on after my career is over, with pride that wrongs were righted and, just maybe, we helped save that young man's from a lifetime in California's penal system.

Tonight I'll sleep a little bit better knowing that our constitution isn't quite dead yet and it still may be possible to get a fair trial in this country. To be honest, sometimes I get jaded by what I sometimes jokingly refer to as the "criminal injustice system." One day I was in court and this prisoner turned to me and said to me: you know why the call it justice don't you? I said, "no, why?" In response, he said, "because its just-us." Well, today, perhaps, that may not be the case.

The Mercury News reports that five teenagers have been arrested in the stabbing death of a 17-year-old boy at a birthday party.

In this case, as many as 10 kids are expected to be arrested in connection with the stabbing. A Fresno juvenile defense lawyer should be called in immediately to represent any teenagers arrested in this case. Investigators will likely arrest everyone they can get their hands on, threaten those that don't cooperate with criminal charges, and charge those that do cooperate based on their own statements. Those who failed to stop the stabbing could be blamed for participating in it. In such cases, the criminal charges can be just as serious as the person ultimately charged with the teen's death.

Additionally, these teens could be charged as adults and end up with strikes on their record.

According to the sheriff's department, the boy was stabbed multiple times during an argument among a group of males outside a party for a teen's 15th birthday. About 150 people were in the rural home outside Kerman at the time.

The sheriff said the suspects are gang members and all of them are 15 or 16. The department reports that investigators are searching for five more suspects and additional arrests are possible.

Those facing gang charges in Los Angeles can face increased penalties and will likely face a strike conviction. Authorities use 30 different criteria to determine if a person is involved in a gang, including association with other known gang members.

Being affiliated with a gang through criminal charges can have long-term consequences that follow a teen well into adulthood. The only defense is an aggressive offense.

Continue reading "Fresno juveniles face gang charges after fatal birthday party stabbing" »