Fresno Criminal Lawyer Blog

Fresno police have arrested a man they suspect was responsible for killing a man inside a Fresno restaurant recently, The Fresno Bee reports.

Charges of murder in Fresno were levied against a man whose name is being withheld by authorities. They accuse him of shooting a 35-year-old inside the Me Kong restaurant on Belmont Avenue recently.

Fresno criminal defense lawyers will be following this case because police have no idea what led to the argument that ended in violence. And it's unclear what evidence, if any, that police had to make the arrest.

According to the news report, police responded to the restaurant around 1:30 a.m. on Nov. 13 and found the man suffering from a gunshot wound. He was taken by ambulance to a hospital, where he was pronounced dead.

Police made the arrest after a traffic stop at North First Street and East Ashlan Avenue, after receiving several anonymous tips that led officers to the suspect, the newspaper reports. Police said the shooting doesn't appear to be gang-related, but they don't have a motive. They haven't released the names of the suspect or victim.

Adding to the intrigue of this case is the fact that police said they found 100 pounds of marijuana with a street value of nearly $116,000 inside the man's vehicle that were stored in garbage bags and moving boxes. The news reports also The suspect has a history of violent crimes and has served time in prison.

The man's wife was also arrested, though it's unclear what she was charged with. She is being questioned, police said.

ABC News reports that police have detained "several other people" for questioning because the man allegedly "held out" at someone else's house over night after the shooting.

Again, police haven't presented any information that seems to link the man to the shooting, yet he has been arrested. Anonymous tips and other weak witness information can be advantageous to a murder defendant. Police desperately try to nail down a suspect in a homicide case because of the outcry from the public as well as the fact that someone has been killed.

But sometimes, investigators put too much stock in poor witnesses or those without enough independent information to make them worth listening to. What prosecutors sometimes discover is that those shaky witnesses will recant their testimony or change it once they are questioned by a defense attorney or once the case gets close to trial.

These people often can't be trusted. And an experienced and dedicated Fresno defense lawyer will be able to spot who is telling the truth and who has a motivation to lie. These people can be exposed in court. And in order to ensure a fair trial and a defendant's rights are upheld, if they are to be convicted, it must be with credible witnesses and evidence derived from police who follow the rules.

Continue reading "Man Held in Killing at Central Fresno Restaurant" »

A 54-year-old man recently died after a fender-bender that caused the driver to tumble down an embankment, ABC News reports.

Charged is a 24-year-old woman who now faces charges of DUI, driving on a suspended license, felony hit-and-run, and murder, the TV station reports.

Charges of DUI in Fresno will get more and more attention as the holidays approach. Law enforcement will spend more and more time ramping up DUI checkpoints and saturation patrols to try to bust drunk drivers.

But as Fresno criminal defense lawyers have seen from time to time, officers looking for intoxicated drivers sometimes make arrests even when there isn't an abundance of proof of driving under the influence.

When drivers are pulled over, other than during a scheduled checkpoint operation, the officer must have a reason, such as speeding, swerving or some other driving infraction. They can't simply pull over a vehicle randomly to try to prove a DUI was committed.

Once pulled over, the officer's observations will largely determine if he or she will begin a DUI investigation or stick to citing the driver for the speeding or traffic violation. For instance, if the driver has slurred speech, bloodshot or "glassy" eyes or other indicators of alcohol consumption, the officer may begin the routine for DUI. That includes a possible field sobriety test, breath test and other exercises to determine whether a person may be under the influence of alcohol or other substance.

But even in situations where a person passes field sobriety tests and perhaps refuses to take a breath test, officers could still charge a person with DUI and book them in jail. It may seem unfair, but if officers believe a crime has been committed, even if there is some proof against it, they can still make the arrest.

For the suspect, he or she now has a criminal record and possibly a spot on a local TV station or a story and a mug shot in the local newspaper and on its website. The person must now muster up the strength to do all that is possible to defend against the charge and restore their good name.

In this case, the 24-year-old left a concert and rear-ended a Jeep Wrangler. The impact allegedly caused the driver of the Jeep to lose control and go off an embankment. The driver died at the scene.

Police say the driver of the other vehicle kept driving and didn't stop at the scene. Video shows that the airbags in her sedan even deployed. The news station reports that the 24-year-old passed out in the back of a patrol car the night of crash. It's unclear if police conducted any tests to determine a blood-alcohol level.

In California, it is possible for a person to face a charge of murder in Fresno under California Penal Code 187 if alcohol was a factor in a crash that killed someone. Under this law, a person faces murder in the second degree, which is punishable by 15 years to life in prison.

Continue reading "Woman Charged with Murder in Fresno After DUI Crash" »

A Fresno man was sentenced to nearly three decades in prison recently for shooting at a group of thieves running away from his medical marijuana garden last year, the Fresno Bee reports.

Murder is the most serious crime in the criminal justice system and thus requires a zealous Fresno murder defense lawyer who can fight all aspects of the state's case. The penalty for murder in California can be anywhere from 15 years to life or even the death penalty, depending on the circumstances of the case and other factors.

In the case in Fresno, the pot farmer allegedly shot vehicle passenger in the head as he sat in the passenger seat of a pickup used by a large group of people who had stolen several marijuana plants the man was growing legally as medicine. The defendant testified in his defense at trial in January that he was scared for his life of the large group of people and that the victim had pointed a gun at him, ABC News reported during the trial.

As we reported law September on our Fresno Criminal Lawyer Blog, he was accused of shooting a fleeing suspect, where a homeowner's rights are less clear.

The sentencing judge told the defendant the people posed no threat to him or his family, but only his marijuana plants. The man was found guilty of manslaughter, assault with a firearm and shooting into an occupied vehicle.

While California law allows for self-defense of one's home, it doesn't apply to one's yard. The law states someone can use force if they have a reasonable fear of imminent death within the residence. In the case of the Fresno man, it doesn't appear any of the thieves tried to intrude on his house.

The idea of self-defense is a confusing area of law that many states have grappled with. Because of the complexity of these types of issues, the evidence that may be applicable and the time and work needed to preserve one's rights, choose an experienced Fresno attorney who is willing to go the extra mile in your case.

Continue reading "Fresno Pot Farmer Sent to Prison In Shooting Death" »

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" »

A 34-year-old man was arrested and charged with felony DUI and murder in Fresno after a Thanksgiving Day traffic accident.

It will be imperative that a DUI defense lawyer in Fresno be hired to represent the driver in this case. Unfortunately, the media is reporting that the driver has a history of alcohol-related driving violations. Such tragic circumstances are one reason why a driver should always fight to keep a drunk driving charge off his or her record.

DUI charges are often beatable, especially for a first offense or cases in which there is no accident or injury. Having a conviction on your record can increase the chances of being stopped and arrested again in the future. And the tiered nature of California's DUI laws call for increased penalties for repeat offenders. Additionally, states are continuously increasing the penalties for conviction and there is even talk of further lowering the .08 legal limit. It ranges from .02 to .05 in many other countries.

Defending yourself against DUI charges in California also requires fighting for your rights to drive at a DMV Administrative Hearing, which is separate from the criminal courts process.

In this case, ABC30 reported that the defendant lost his license for a DUI last year.

Police say he rear-ended an SUV while driving an El Camino, killing a man and critically injuring his girlfriend.

The California Highway Patrol said witnesses reported that the El Camino was swerving and traveling at a high rate of speed prior to the crash.

Investigators say they were already looking for the car after an accident on Highway 99 near Ventura.

Media reports indicate the defendant served 62 days in jail and was ordered to complete an alcohol program as a result of last year's DUI arrest. He was also convicted of DUI in 1997 and has been arrested several times for driving without a license.

At least 8 other people were charged with drunk driving after being arrested at sobriety checkpoints in Fresno over the Thanksgiving holiday weekend.

Continue reading "Fresno DUI accidents results in murder charges " »

In two recent California Supreme Court cases entitled, In re Pope and People v. Duff , with a decision issued on August 19, 2010, the California high court decided that a defendant is still subject to reduced time credits for good behavior when he or she is convicted of a violent felony even when the sentence for the violent felony is stayed.
In these two respective cases, the Supreme Court whether Penal Code section 654 (which prohibits sentencing on two counts where they both involve the same conduct) and Penal Code sections 2933.1, subdivision (a) and 2933.2, subdivision (a). Penal Code section 2933.1, subdivision (a) serves to reduce time credits for violent offenders. If you are convicted of a violent offense, generally, time credits are limited to 15% from day one. Penal Code section 2933.2 eliminates time credits altogether for those convicted of murder as defined in Penal Code section 187.

As of January 2010, you would normally be awarded time credits of 50% on non violent, non serious felony convictions (see Penal Code §2933 (e).) As a Fresno Criminal Defense Attorney, many of my clients want to know the implications that the law will have on their time credits and custody status- this case is one important example of why it is critical to read case law updates.

When a conviction is subject to section 654, the court is to impose the sentence for the higher term and impose, but stay, the imprisonment for the lower term. In this recent case, the supreme court decided that it doesn't matter if the sentence is stayed for the violent offense or a homicide (if they happen to be subject to 654 and stayed due to the fact that they were the shorter term), if you've been convicted of either a violent offense or murder you are subject the time credit limitations in Penal Code section 2933.1 and 2933.2. An experienced criminal attorney in Fresno should know these implications that may surround a conviction in the California criminal courts.

Whew!! I know that was probably hard to follow. This case points out the reason why a competent and qualified Fresno Criminal Lawyer is essential for your defense if you've been charged with a violent offense or murder in Fresno, California. Changes in the law happen every day; this case shows why it is important to stay on top of the law.

Eighteen defendants were arrested on gang charges in Fresno, including 11 wanted on murder charges in Fresno County.

CBS47 reports hundreds of officers and dozens of law enforcement agencies targeted the homes in the southeast area of the county.

Fresno defense lawyers must frequently defend clients against gang charges by overzealous prosecutors. Gang enhancements can lead to harsher punishments and are usually considered "strike" crimes under the state's Three Strikes Law. The state has more than 30 different criteria it can use to charge someone as a gang criminal.

Of course, charges do not get more serious than murder. But we have discussed before the shaky nature of such cases when arrests are made as part of a large sweep. Law enforcement and state prosecutors get their day on television -- months later, when many of the cases are dropped or drastically reduced, little or nothing is reported.

The reality is that the state did not suddenly make 11 murder cases, unless it is relying upon unnamed informants, jailhouse snitches or other questionable evidence. Frequently, investigators hope such mass arrests prompt at least some of the defendants to begin talking to authorities. Often, the best evidence against a defendant is statements made to police after arrest.

In such cases, in fact in all cases, we urge you to remain silent and invoke your right to an attorney. At this stage in the process, you are not going to talk yourself out of trouble and whatever you do say could conflict with your defense strategy down the road.

You have the right to remain silent: Use it.

During the arrests, police also reported seizing 20 pound of marijuana, a grenade launcher and a grenade, as well as 30 other weapons.

Continue reading "Gang charges, murder cases in Fresno require experienced and aggressive legal representation" »

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.

On Thursday, a Fresno County Superior Court Judge suspended proceedings in the murder case of a group home manager. The allegation in the case is that Jerry White, a resident of a group home located near Palm and Shields in Fresno, California, used a knife to murder the group home manager running the facility approximately three years ago. At this time, this murder was a highly publicized and shocking occurrence.

Mr. White has had several court hearings, and on Thursday, his lawyer requested that the court appoint two independent doctors to examine Mr. White to find out if he is able to stand trial. The court followed Mr. White's attorney's request and appointed the doctors who will visit Mr. White and conduct an examination to determine if he is competent to stand trial in this matter.

The rules governing competency can be found in Penal Code sections 1368 et seq. The court's appoint doctors to determine if a defendant understands the nature of the proceedings that are being conducted. Part of this examination is to make sure the defendant understands his role, the role of his attorney, the role of the prosecutor and judge, and the role of the jury. Even though a person may have mental disabilities, they can still be found to be mentally competent. Believe it or not, a person is even entitled to a jury trial on the issue of competency. So a person can have a jury trial just to determine if they understand what's going on in order to have the first trial.

It is important to understand that a defendant can only be confined a reasonable period of time to restore them to competency. The due process clause of the United States Constitution prohibits a longer period of confinement. (Jackson v. Indiana (1972) 406 U.S. 715.) In addition, California limits the maximum confinement to establish competency to three years or less. (Penal Code section 1370(c)(1). However, a person confined to a State mental hospital to restore competency does get credit for any amount of time they actually serve, even if they received outpatient treatment. (Penal Code § 1375.5.) An important point to remember, however, is that a defendant who is committed does not receive credit for good-time credits. (People v. Waterman (1986) 42 Cal.3d 565.)

If you have a relative or loved one who is facing charges and there is a question about his or her mental competency, the best thing you can do is hire a qualified and experienced Fresno Criminal Attorney to defend their case and make sure their rights are preserved.