Fresno Criminal Lawyer Blog

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" »

A 47-year-old man is under arrest for allegedly shooting a man who was stealing marijuana from his garden, ABC30 reported.

Marijuana charges in Fresno are common, even with the push to legalize marijuana on the November ballot. In this case, the defendant and several others who live at the residence are medical marijuana patients and thus permitted to grow small amounts of marijuana for personal use.

The media has not yet reported what charges the man faces. He apparently shot at a truck that had backed through a fence and onto his property, where several defendants allegedly stole several large marijuana plants late Wednesday night. The 40-year-old victim was shot in the head and is not expected to survive, according to police.

Generally, a burglary suspect that enters a home can be shot as the law presumes an owner has the right to feel mortally threatened. The law is less clear about burglars who are on a person's property. And shooting a fleeing suspect, as could be the case here, could lead to charges in either situation.

Authorities have also not disclosed whether the suspects were armed.

It will be important for the defendant to hire an experienced and aggressive Fresno criminal defense attorney to protect his rights. The fact that the alleged theft involved marijuana -- and legal marijuana at that -- should have no bearing on this case. Unfortunately, authorities may not treat him with the respect he deserves as a threatened homeowner.

Police are questioning the woman who was driving the pickup and are continuing the search for several men who fled the scene.

The San Jose Mercury News report is available here.

Continue reading "Criminal charges pending in Fresno against marijuana patient who reportedly shot burglar stealing pot plants" »

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" »