Fresno Criminal Lawyer Blog

A Sanger High School teacher is accused of raping a 17-year-old girl and is scheduled for arraignment next week, The Fresno Bee reports.

This isn't the first time that a teacher has been accused of improper behavior with a student. As the Fresno Criminal Lawyer Blog reported in September, a teacher from Washington Union High School was accused of having sex with a 14-year-old student. Months earlier, a teacher from University High School was convicted of having a sexual relationship with a student.

The charges that keep getting poured on teachers may lead to new allegations -- true or not -- coming out. And police are required to investigate even if the facts are muddy. This often leads to sex crimes charges in Fresno that have little basis.

Fresno criminal defense lawyers are prepared to handle any case, but we have spent years defending people charged with various sex crimes in Fresno. These are often the most complex cases an attorney can run up against and the stakes are high.

But just because a person is charged doesn't mean he ore she is guilty. That's why there is a criminal justice system and people are allowed to have a trial. Police sometimes get it wrong: witnesses are incorrect or unreliable, and prosecutors are overzealous, as an example. That's why having an experienced lawyer by your side is critical.

In this case, a 48-year-old Sanger High School teacher is accused of forcibly raping a 17-year-old girl. He appeared in court recently after bail was set at $100,000. He is scheduled to go to court again Dec. 9 for an arraignment.

Authorities allege he attacked the girl inside his Sanger restaurant in November. The girl and her mother reported the incident shortly after they alleged it happened. The man has taught social studies at the school for a decade and has worked for the school district for three years on top of that.

Forcible rape under California Penal Code 261 means to force sexual intercourse with someone without consent. Depending on the circumstances of the case, it's possible for a person to be sent to prison for a dozen years or more.

Rape is a serious crime, one that carries long prison terms when a person is convicted. And it can lead to registration as a sex offender for a long period of time.

But sex crimes charges can be levied because of false allegations. Anyone can say that he or she has been sexually assaulted, although to say that every alleged victim is lying would be false. But witness credibility is often a factor in these cases. So, too, is DNA evidence or other physical evidence that can connect a person to a scene of the crime. An eyewitness other than the alleged victim may be needed for prosecutors to feel more confident in winning their case.

There are many factors that go into these cases, which are inherently complex. And because of these difficult situations, an experienced Fresno criminal defense lawyer must be hired.

Continue reading "Another Fresno Teacher Accused of Sex With Student" »

The news media is reporting another alleged incident of a teacher who is charged with having sex with an underage student at a Fresno school.

The Fresno Bee reports that the 26-year-old female teacher is charged with having sex and oral copulation with a 14-year-old student.

Sadly, this isn't a new allegation and has happened in Fresno before. Not that long ago in July, the Fresno Criminal Lawyer Blog reported on a former University High School teacher who was sent to prison for seven years after being convicted of having a sexual relationship with a student and sending explicit sexual text messages to two others.

Sex crimes in Fresno can range from sending inappropriate photos to underage recipients, to fondling and rape. As with the severity of the allegations, the penalties can vary as well. A person can be saddled with as little as probation time or up to years in prison if they are convicted. A conviction most certainly will ruin any chance at continuing in his or her job and possibly in that career path.

But a conviction doesn't have to happen. An experienced Fresno criminal defense lawyer who has spent years standing beside and fighting for sex crimes defendants can use those skills to defend people who are falsely accused or whom the state has insufficient evidence against in its pursuit of convictions.

According to the newspaper report, a teacher was investigated recently for allegedly having sex with a 14-year-old student two years ago. The alleged crimes took place in January and February of 2009 when the woman was a substitute teacher. She has since become a full-time social sciences teacher at the high school.

The newspaper states that a deputy was sent to the school to open an investigation and a day later, the teacher was arrested. She has since posted bail and is on administrative leave at the school.

This is a difficult situation for the state because the allegations are from more than two years ago, so there is likely no physical evidence that could corroborate the teen's story. And after two years, there probably are no witnesses who could support the teen's side of the events who wouldn't have come forward sooner.

So, what you probably have here is a classic "he said/she said" battle between an adult and a teenager. What should be noted here is that the teenager's mind, specifically the male teenager's mind, isn't fully developed. He likely hasn't fully realized the full consequences of his actions, such as lying.

Teenagers are exposed to all kinds of information, especially through their constant use of the Internet. Even a false accusation in a sex case can lead to a conviction and, in some cases, a civil penalty against the defendant if a lawsuit is filed. Without thinking of what this could do to the teacher, a teenage student must go through the scrutiny of questioning by a defense attorney just like any other witness. If there are problems with his story, they will be exposed.

Continue reading "Fresno Teacher, 26, Accused of Sex with Student, 14" »

A Fresno high school football, softball and wrestling coach has been indicted on federal child pornography charges, KSEE News reports.

As Fresno Criminal Lawyer Blog recently reported, this isn't the first time a person of authority has been charged with sex crimes at a Fresno high school. In July, a former University High School teacher was sentenced to seven years in prison for having a sexual relationship with an underage student and texting explicit messages.

As aFresno Criminal Defense Lawyer, we report these events not to convict the defendants in public before any evidence has been presented, but to point out the seriousness of these charges. Fresno sex crimes can lead to years or decades in prison, as well as possible time on probation and could require registration as a sex offender -- which can sometimes be a lifelong punishment.

According to the news report, the 40-year-old coach was recently indicted in the Eastern District of California federal courthouse in Fresno. The investigation, according to the news agency, uncovered hundreds of pornographic images and videos on a home computer, including child pornography.

After a three-month investigation by Homeland Security and ICE, investigators gathered evidence and led to a grand jury indictment and arrest.

In 2008, the coach began working as a walk-on assistant softball, wrestling and football coach at Fresno High School. Investigators allege that during the last three years, the man sent and stored hundreds of pornographic images of minors on his home computer.

The man was released under supervision after an arraignment. He was ordered to live with his sister, who has two minor children. The judge told the man he "cannot be alone with the minors or any other minor," the news agency reported. He can't use the internet and can't frequent areas within 100 feet of children.

He faces a mandatory five to 20 years in prison, a $250,000 fine and potential lifetime supervision when released.

The charges are serious and, obviously, carry strict penalties. But these charges can be beaten in court. An aggressive Fresno Criminal Defense Attorney can attack many aspects of the case.

For one, in child pornography cases, an attorney must challenge whether the person arrested is responsible for sending, receiving and possessing the child pornography. If a computer is shared by many people in a household, it can be tough for prosecutors to prove who actually received and shipped out the images.

The images themselves can be challenged. Experts can be hired to examine the photos and determine whether the children depicted are actually children and not young adults who may not qualify under child pornography laws.

And some child pornography charges are wrongly brought against innocent defendants who simply use file-sharing software and have people hack into their computers and store illegal images. With the ability of people to use computer networks and illegal means to break into people's computers without them knowing, it could be possible for investigators to make an unlawful arrest based on false information.

Continue reading "Fresno Football Coach Charged With Possession of Child Pornography" »

A former University High School teacher was recently sentenced to seven years in a state prison for having a sexual relationship with an underage former student and exchanging sexually explicit text messages with two other students, The Fresno Bee reports.

Sex crimes in Fresno are not only serious in terms of the possible penalties, but also because of the likely news media coverage and embarrassment it can cause in the community. For these reasons and others, it's critical to immediately consult with an experienced Fresno criminal defense lawyer in order to preserve your rights and defend your case.

In this case, the 34-year-old teacher will have to register as a sex offender for life after serving seven years and four months in prison. The popular music teacher has a wife and 5-year-old son.

In January, a jury found him guilty of 13 felony charges after he admitted that he had a sexual relationship with his former student after she graduated in 2007. He also admitted on the stand that he sent offensive text messages to two students. Prosecutors said the teacher used his position of trust to lure sexually inexperienced victims.

This is far from the first case of a teacher being arrested on sex crimes, which some experts believe is due to a blurred line of relationships between teachers and students and because society encourages older people to have relationships with younger people. There is less of a stigma attached to relationships with age gaps.

In other recent cases, a swim teacher in Santa Ana was arrested in March for allegedly having a sexual relationship with a girl when he taught swim lessons. The 36-year-old faces 13 felony counts, NBC News reports. An Escondido high school teacher was arrested last month and charged with one count of oral copulation and one count of sexual penetration of a 16-year-old student, ABC News reports.

Those are only a few of the cases involving teachers and students. And while an arrest provides no proof of guilt, these defendants are often tried in the eye of the public upon their arrest. Sometimes in these cases, students who get bad grades make up stories in order to get revenge. What we as adults forget is how emotional and irresponsible teenagers can be. It's certainly possible these crimes happened, but that's not always the case.

Sex crimes in California range in punishment from months to decades behind bars. And depending on the type of crime committed, it's possible that a defendant will have to register as a sex offender. Under Megan's Law in California, there are more than 63,000 people who are registered statewide that people can browse to figure out where they live, what they look like and other information.

These people must always tell law enforcement where they live and where they're moving. Essentially, these people get a life sentence when other people get to serve time and be free. That's why every case requires aggressive defense representation.

Continue reading "Former Fresno High School Teacher Gets 7 Years in Prison for Sex Crimes" »

Another happy client. This week Fresno Criminal Defense Lawyer Michael E. Mitchell was successful in obtaining a dismissal of a restraining order for a client accused of perpetrating an unlawful sexual act.

After a vigorous preparation, including subpoenaing 10 critical witnesses, the opposing party dismissed the restraining order right before trial. This case involved extensive discovery over the last two months. A private investigator was retained and every avenue of defense was explored.

A special motion was also filed with the court for disclosure of necessary records from the Fresno Police Department. After several court hearings, the case was ultimately dismissed, however, rest assured that the preparation of Fresno Criminal Attorney Michael E. Mitchell played a critical role in this outcome.

Accusations of sex offenses are about the most dangerous type of accusations possible. Faced with such an allegation it is almost essential that you retain the services of top Fresno Criminal Defense Attorney to prepare your defense. The alternative is really unspeakable.

A Bakersfield man has pleaded guilty to child pornography charges in Fresno, Bakersfield Now reported.

The federal criminal charges were filed by the U.S. Attorney for the Eastern District of California. Authorities say they found 15 images of child pornography on is computer after a search. The search occurred after the defendant allegedly failed to comply with sex offender reporting requirements.

"Every time these illegal images are produced, transmitted, or viewed, a child is victimized," said Michael Toms, Resident Agent in Charge in Bakersfield. "Addressing this sordid matter remains a high priority for the men and women of (Homeland Security), and we will continue to seek out and bring to justice those who mistakenly believe the Internet shields them from detection."

Child pornography charges can leave a defendant open to substantial prison time, in part because authorities may charge each image as a separate incident -- having an experienced criminal defense lawyer in Bakersfield is vital to protecting your rights.

The requirements of sex offender reporting are one reason sex crimes must be handled by an experienced Fresno criminal defense lawyer. Such requirements can follow a defendant for life. And failure to comply -- or merely the accusation that you failed to comply -- can subject you to search, harassment and additional criminal charges.

In this case, the defendant is listed in the Megan's Law online registry as having been convicted of lewd or lascivious acts with a child under the age of 14. He faces up to 20 years in prison and lifetime supervised release.

Continue reading "Sex Offender Registration Requirements Lead to Child Porn Charges in Fresno" »

Several recent cases illustrate the need for an experienced Fresno criminal defense attorney when facing allegations of sex crimes.

The Fresno Bee reports a 47-year-old carnival worker faces two counts of lewd acts with a minor in the wake of allegations that he groped two girls, ages 5 and 7, while fastening their seat belts on a ride at The Big Fresno Fair.

He allegedly put his hands down the shorts of one of the girls while she was on the Little Cricket Express. The other girl was riding the Hydro Racer at the time of the alleged incident. Police say the 5-year-old girl picked the defendant out of a police lineup. This man is on trial and deserves to be presumed innocent. An experienced sex crimes defense lawyer in Fresno will challenge eyewitness identifications or those made as a result of a police lineup. Such evidence is among the most notoriously unreliable of all evidence in criminal cases.

The defense attorney in this case notes the girl's vague description was of a "brown person with spiky hair."

In a separate case, a teacher pleaded no contest to attempted statutory rape in Brentwood. He was accused of offering a 17-year-old girl $200 to undress in his classroom, where she was alone to take a makeup math test. Authorities report he arranged to meet her the next day for sex and was arrested when he arrived.

Meanwhile, a coach facing molestation charges in Belmont denies that he acted inappropriately with two students at Ralston Middle School. He reports he has no idea why the girls have accused him.

Allegations of sex crimes involving teachers and students have grown more prevalent in recent years. An experienced defense attorney must often fight the allegations in the court of public opinion as well as in a court of law. When a defendant learns he is being investigated, he should consult with an experienced defense lawyer immediately. The earlier an attorney gets involved in a case on your behalf the better the chances of building a strong defense. In some cases, an attorney may even prevent charges from happening or allegations from becoming public.

Very often, these cases come down to he-said-she-said. Do not make any statements to law enforcement.

Continue reading "Cases Illustrate Importance of Aggressive Defense when Facing Sex Charges in Fresno" »

A 21-year-old man is facing federal criminal charges in Fresno after being accused of sex trafficking minors, The Capitol reported.

A federal defense lawyer in Fresno will need to represent this defendant. The rules and laws are different in federal court; it's not enough to have an experienced attorney. An attorney experienced in handling federal criminal defense -- and specifically sex crimes in federal court -- should handle this case.

These are always sensitive cases. It's important to remember that a defendant is entitled to the benefit of the doubt until and unless he is proven guilty in court. Sometimes, sex crimes, and particularly those involving children, often carry their own stigma, whether or not a defendant is ever convicted. Unfortunately, a defendant may try to talk his way out of trouble, cut a quick deal, or plead guilty in an effort to put an embarrassing situation behind him. This is a mistake. A conviction for a sex crime will follow a defendant for years and reporting as a sex offender may be required for the rest of his life.

The best option is to seek a consultation with an experienced defense lawyer in Fresno as soon as possible after charges are filed, or once it is determined that you are the target of an investigation.

In this case, the 21-year-old Fresno resident is accused of recruiting or maintaining three girls to engage in commercial sex acts with knowledge that they were not yet 18 years old. The alleged crimes occurred from February to November 2009.

The indictment alleges the crimes were carried out for the financial benefit of the defendant.

ABC 23 News reports the victims ranged in age from 12 to 17.

If convicted, the defendant faces 10 years to life in prison on each count.

Continue reading "Man faces federal sex crimes in Fresno for allegedly pimping teens" »

The Fresno Bee is reporting a 62-year-old man is facing charges of sexual assault in Fresno, in a case involving an 8-year-old girl.

The defendant was arrested at his East Washington Avenue home after a report by the girl's mother. A spokesman for the sheriff's department said the assaults may have begun four years ago.

A Fresno criminal defense attorney must always aggressively defend a client against allegations of sex crimes. Such crimes can have a dramatic impact on a defendant's life. In the event of a conviction, sex offender registration and other intrusive requirements can mandate that you pay for a crime long after you have finished serving your sentence. Even if you are found not guilty, aggressive defense of your reputation is frequently required to combat damage caused by the media and others who presume guilt merely because you have been charged.

Particularly when allegations involve a child, such charges can be difficult to overcome, despite the fact that defendants are sometimes wrongly accused. Divorce or domestic arguments, in particular, can give rise to such false allegations. And Internet sex crimes may also damage a defendant's reputation and require the experience of an aggressive defense lawyer in Fresno who has the necessary knowledge and experience to handle allegations of computer crimes.

Tragically, it is not unusual for a defendant to be so embarrassed by such charges that he quickly accepts a deal from prosecutors, particularly if it includes no jail time. Meanwhile, prosecutors may offer a deal because such cases are difficult to prove. And the resulting probation, sex offender registration and other requirements of a conviction can be far more intrusive than a defendant ever imagined.

The Santa Ynez Valley News reported recently reported that a convicted sex offender was granted probation after allegedly trying to coerce a 14-year-old boy into a van in August 2009. He was also sentenced to six months in jail, despite a request by prosecutors that he be sentenced to 12 years in prison.

He would otherwise have faced up to 6 years in prison but sentencing guidelines permitted a doubling of the sentenced because of a prior conviction for child molestation in Fresno County. His defense attorney said the sentence was fair and that prosecutors presented no evidence to support such a harsh sentence.

In other news, the Fresno Bee reports an Avenal State Prison guard was sentenced to 6 months in jail and three years or probation after pleading no contest to oral copulation with a 15-year-old girl.

In addition to jail time and probation, the Fresno County District Attorney's Office reports the defendant will also have to register as a convicted sex offender.

Being treated fairly by the system is possible, even when dealing with allegations of sex crimes. But hiring a qualified and experienced criminal defense attorney is vital to protecting your rights and your freedom in the wake of such charges.

Continue reading "Disposition of sex crimes in Fresno area illustrate need for aggressive defense" »

King County Supervisor Richard Valle has been accused by a second woman of sexual assault while she was incapacitated by drugs or alcohol, the Fresno Bee reported.

Anyone facing allegations of sexual assault should contact a Fresno criminal defense attorney at the earliest signs that an investigation is under way. Particularly, when drugs or alcohol are involved, an alleged victim sometimes has regrets and makes false allegations against an innocent defendant. In many cases involving allegations of sex crimes, the case comes down to the statements made by the victim and the defendant. DO NOT talk to investigators or authorities until you have consulted with an attorney. Detectives understand you are embarrassed by the possibility of being charged with a sex crime, and will often use that to get you to give a statement. Such statements will not be helpful to your case, will be used against you in court, and may conflict with your future defense strategy.

We reported in September on our Fresno Criminal Lawyer Blog when the first allegations came to light. Valle denied the charges of sexual assault on an unconscious or intoxicated female. The 24-year-old woman went to the police station about 3:30 a.m. to report she had been raped in his home.

At that time, Valle, 40, was arrested on four sex-related felonies: oral copulation on an unconscious victim; oral copulation on an intoxicated victim; sexual penetration of an unconscious victim and sexual penetration on an intoxicated victim.

He has been free on $300,000 cash bail. A new charge of sexual intercourse with a victim who was "prevented from resisting by an intoxicating anesthetic and controlled substance" has been added to the charges. If convicted, he faces 3 to 8 years in prison on each count.

Fellow board members said he should decide whether he should resign his position on the Board of Supervisors in light of the most recent allegations.

Continue reading "King County supervisor facing additional allegations of sexual assault" »

In a recent development, a federal grand jury in Fresno indicted Chester Garber, a suspended attorney, on charges of child pornography. This case started almost three years ago after Mr. Garber's home was searched pursuant to a search warrant issued by the Federal Court. Charges hadn't been filed since that time. Mr. Garber, along with his wife and sister-in-law initiated a Federal civil suit in response to the search.

Although a grand jury has issued an indictment, he has not been arrested on the charges. Mr. Garber is accused of giving DVD's to a friend that contained nude depictions under the age of 18. In 2007, Fresno Superior Court Judge, Rosendo Pena, denied Mr. Garber's motion to obtain his property back and to eliminate evidence obtained after the execution of the search warrant at his house. Shortly thereafter, Mr. Garber initiated his lawsuit.

Without commenting on the state of the evidence, it leaves me puzzled as to why the Federal Authorities would wait almost three years to initiate a criminal prosecution after finding supposed evidence that Mr. Garber possessed DVD's with child pornography. Clearly, if that's the case, the Fed's would be interested in making sure that Mr. Garber did not continue to disseminate or possess such material by moving forward with a swift prosecution. Yet, that is not what happened. Hum? Makes you wonder why they are moving forward now. Any guesses? Do you think his suit against the government has anything to do with it? I don't know the answer to that question, but it does look suspicious.

Continue reading "Fresno Grand Jury Indicts Suspended Attorney on Child Pornography Charges" »