Fresno Criminal Lawyer Blog

Many Fresno residents were left without power, police say, after a man allegedly stole copper wire from a public utility source in the southeast side of town, ABC News reports.

Copper wire theft in Fresno has become increasingly popular as the price of metals and other commodities have increased rapidly in recent years. Thieves are selling the wire and other materials at metal-collecting depots for big bucks.

Telephone companies, utility companies and other businesses that use copper wiring have been victimized by thieves trying to make money in a down economy. As such, many people have been charged with theft in Fresno as a result of the upswing in metal prices. Fresno criminal defense lawyers have defended many of these clients in recent years.

Due to overcrowding issues in California's prison system, many violent felony offenders are being shipped off to county jails rather than prisons, and non-violent offenders are being placed on probation rather than sent to jails.

The overcrowding situation gives defendants an advantage either in plea negotiations or sentencing during the penalty phase if they are convicted. Still, judges have the discretion to sentence certain defendants convicted of theft crimes to prison. So, it's not a given that a non-violent offender will not be sent to jail or prison altogether.

Regardless of the penalties, a theft conviction can haunt you forever. In many cases, it can stay on your criminal history record for life. That can make finding a job difficult. It can stop you from voting or enrolling in certain government programs. There are major downsides, so the charges must be fought.

In this case, as Fox News reports, a 28-year-old man was arrested after he was found carrying tin snips, a long tool used to remove copper wire from its casing and pliers.

He now faces charges of grand theft and possession of burglary tools. ABC News reports that the wire theft left many residents without power. The man allegedly targeted street lights and houses, which have led to about an additional $600,000 in cost to the public utilities department to repair the damage.

Unlike individual thefts or those involving a single-family house, copper theft typically is committed on telephone polls or wires, utility boxes and plants that use the durable wiring. Many thieves have been electrocuted or killed when attempting to take this wiring because it is used often to deliver currents throughout the city.

At some of the depots that collect such material, workers rarely ask questions, so they are an ideal spot to sell the material. But those places are sometimes scoped out by police officers who attempt to solve a group of crimes without much evidence.

In these criminal cases, police officers must have solid proof before attempting to arrest a person or accuse them of being involved in many cases. Like other types of theft cases, police have many cases on file that are open and if they catch one person, they usually try to pin several crimes on them so they can mark their cases closed.

An experienced Fresno criminal defense lawyer will see through those tricks and challenge the evidence every step of the way. Theft charges can put a person in jail or prison for years, so they should be attacked aggressively.

Continue reading "Authorities Arrest Alleged Copper Wire Thief in Fresno" »

ABC 30 is reporting that a man who is suspected of burglarizing a southeast Fresno cell phone store recently was caught after he fell through the ceiling and ran off. Workers called police after they noticed the man's leg dangling through the ceiling.

It's quite a challenge for a Fresno criminal defense attorney to defend a client who gets caught red-handed in a crime. But, as is the case here, police are attempting to pin several burglaries on this one suspect. Sometimes, that doesn't work out so well for them.

Burglary in Fresno can sometimes be difficult for police and prosecutors to prove. Just because law enforcement officers discover many unsolved cases that happen to be of similar style to each other doesn't necessarily mean one person committed all the crimes.

Yet, when police -- especially in California, where there are thousands of unsolved theft crimes, including vehicle thefts -- find one suspect they believe is 100 percent guilty, they sometimes try to stack charges against the person so they can consider his or her other unsolved cases closed.

It's a travesty that, for purposes of statistical analysis and grant money, police would consider cases closed even with minimal proof that a person committed them. In a burglary case, the facts are almost always similar -- someone uses burglary tools to pry open a window or door and break into a house or place of business in a certain neighborhood.

That could be quite a stretch thinking that only one person could be committing every burglary or other crime. Yet, many people accused of theft-related crimes, such as burglary, robbery or grand theft in California, are saddled with a bevy of charges when law enforcement officers may only have proof they have committed one.

This may be the case in the recent Fresno burglary arrest. Police say janitors found the dangling legs of a 35-year-old man in the roof of the ceiling of a cell phone store one recent Monday night. The janitors then saw him fall through the ceiling.

As one of the janitors called police, the man took off. Police say they caught him nearby a short time later.

Without citing any additional evidence, the news blurb says that police have arrested a suspect "in a string of burglaries in Southeast Fresno." The article goes on to say that the man has a recent conviction, which shows no proof of the current charge.

It's a typical strategy by prosecutors to charge a defendant with as many counts as they may possibly be able to prove -- even if the "proof" is borderline evidence at best -- in order to force a defendant into taking a plea agreement. This way, the state is all but guaranteed to secure prison or jail time for a defendant. They know there's a good chance the defendant will see the many charges facing them and take the first offer that's made.

But that's not always the best strategy. Along with coming up with a strong defense strategy, an experienced Fresno criminal defense attorney can present facts that could prove to be invaluable during any plea negotiations that the defendant may face.

Continue reading "Fresno Man Arrested for Burglary After Falling Through Store Ceiling" »

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" »

According to ABC News, police recently arrested seven people, some of whom are allegedly gang members, and charged them with operating chop shops.

Theft and gang-related charges in California can be severe, but hiring an experienced attorney who can guide you through sometimes overwhelming criminal justice system can be invaluable. Fresno Theft Attorneys are always available for a free consultation.

According to the news report, police received an anonymous tip directing them to a house in Central Fresno, where police allegedly watched men strip a car. After moving in, they found more cars and more parts that led them to an East Central Fresno house.

Theft charges in Fresno can range from shoplifting to carjacking and the penalties can vary as well. In extreme cases, a defendant can be sentenced to years in prison, followed by years on probation. They may also have to pay restitution, which is money paid back to victims for stolen goods.

But what's interesting about the story is that all told, seven men were charged with auto theft. Police said some of the men either have gang ties or previous auto theft charges in their past. Authorities hope to use gang enhancements to keep them from being released from jail due to overcrowding.

California's prisons and jails are overcrowded and the U.S. Supreme Court recently ordered the state to release some 30,000 prisoners over the next three years because the conditions causes cruel and unusual punishment for inmates, the San Francisco Chronicle reports.

So, what police hope to do in this case is convince a judge these men shouldn't be released because they may have ties to gangs. In California, a defendant's sentence can be increased if they have a history of gang-related crime.

California Penal Code 186.22 states that defendants who commit crimes associated with a street gang can be sentenced to anywhere from two to 10 years on top of the punishment they receive for the crime. Other California gang laws provide for stiffer punishment for alleged gang members.

All of this shows the need for experienced criminal defense representation at every step of the proceeding. Gang crimes are strictly enforced in California. If a judge is convinced a defendant is part of a gang, even a loosely affiliated gang not known for violence, he or she will have justification for sending someone to prison for a long time.

Unfortunately, it is very easy for police to convince authorities a person is involved in a gang. They typically rely on 30 criteria to classify someone as a gang member. For instance, receiving mail from a known gang member is one. So is being photographed with someone who is flashing a gang sign or even wearing clothes of a certain color. These standards are low, but the consequences are high.

Gang enhancements in California are part of the reason why the prisons and jails are so overcrowded. The standards for proving a person is in a gang are so low, yet the possible prison terms are so long. Whether a person is charged with simply working on a vehicle or being involved in a bloody shootout, hiring an experienced defense lawyer is the most important step.

Continue reading "Fresno Chop Shop Raid Nets Seven Arrests" »

An ABC News report says that 65 people were recently released from the Fresno County Jail because of overcrowding, including a couple of men accused of auto thefts.

What's important to note in situations like this is that people who are being held at the county jail, like any other pre-trial defendant, are presumed innocent until trial. While police make arrests based on their probable cause, a trial holds the standard of beyond a reasonable doubt. If you or someone you know is arrested in Fresno, have them contact an experienced Fresno criminal defense attorney.

The ABC News story focuses on several men arrested recently on charges that they were breaking into and stealing cars. The story says one of the men confessed to stealing more than 1,000 cars in a matter of months. Police report more than 2,200 auto thefts this year.

But what the story doesn't note is that it's likely that these defendants were granted some type of bail, meaning they could have theoretically paid to get out of jail anyway. The story doesn't say that any accused murderers were released from jail because of overcrowding, likely only non-violence defendants were let go.

As previously discussed on Fresno Criminal Lawyer Blog, Fresno police believe car thefts are on the rise because of early jail releases. But we dispute that notion.

Theft crimes in Fresno can be particularly difficult to prove after the fact. However, if convicted, the penalties can vary from months in jail to years in prison. They could include fines, fees, restitution or other monetary obligations, too. These are the types of charges that can stay on a person's criminal record and prevent them from getting jobs and even obtaining loans or credit in the future.

That's why it's crucial not to trust any attorney to stand by your side if you're charged with theft, auto theft, burglary, robbery or any other type of crime of stealing. The state will try to come down hard on you, so trust someone who will be there to fight back.

Continue reading " Fresno Theft Suspects Released From Jail Because of Overcrowding" »

Two men are facing burglary charges in Fresno after authorities accuse them of committing 15 burglaries in Visalia over the last five months, according to a report in the Vasalia Times-Delta.

This is a classic example of a case that should be handled by an experienced and aggressive Visalia criminal defense attorney. From the probable cause for the search warrant to the allegations alleged in the criminal charges, an experienced attorney may well succeed in having the charges reduced or dismissed.

The two 27-year-old men were reportedly "casing" a Visalia neighborhood when they aborted an alleged burglary attempt because of the "inadvertent positioning of a vehicle by an unwitting Visalia resident," according to the assertions in the police report.

Apparently, that was enough to get a judge somewhere to sign a search warrant. At the North Marks Street home of one of the defendants, police found "numerous items" believed stolen from various homes in Visalia.

The men face assorted charges, including possession of burglary tools and possession of a firearm by a convicted felon.

In addition to challenging the probable cause used to obtain the search warrant, a defense attorney should challenge the assertion that the men possessed burglary tools. A screwdriver can be burglary tools if a cop says so. At least until his assertion gets to court. And the mere fact that items that may or may not have been stolen were found in the home of one of the defendants does not mean he participated in one burglary, let alone 15.

In a separate case, a 28-old-man is facing charges of car theft for allegedly stealing a vehicle in Fresno and using it to drive to Santa Barbara to pick his girlfriend up from jail, KSBY News reported.

Police say the gold 2000 Honda Civic was found parked in front of Ralph's Supermarket. The man and his girlfriend were arrested and police say he had an altered key that fit the Honda. He was arrested and charged with grand theft auto. He was also arrested on a $290,000 warrant for auto theft in Fresno.

Continue reading "Charges of Car Theft and Burglary in Fresno present Unique Issues for Defense" »

Fresno burglary charges and charges involving other property crimes, including robbery, shoplifting and auto theft, are among the most common criminal charges in Fresno County and throughout California.

A Fresno criminal defense lawyer will seek a reduction or dismissal of the charges on your behalf. Being convicted of a property crime can follow you for years, or even decades, and may make it difficult to hold certain jobs or retain or maintain employment.

In general, shoplifting and some other forms of petty theft may be filed as misdemeanors. The value of the item can elevate a theft allegation to the level of a felony, as happened recently to Lindsay Lohan, who was accused in the theft of a $2,500 "one-of-a-kind" necklace. In such cases, a defense attorney may challenge the value of the missing items.

In cases where physical force, or the threat of physical force, is used, a felony robbery charge may be filed. Such cases are much more serious, just as a case of carjacking is more serious than the theft of an unoccupied vehicle. Additionally, the presence of a gun in the commission of a theft crime may lead to more serious charges.

Receiving stolen property is another common charge. These charges are often beatable but are frequently threatened or filed by detectives seeking information about a theft crime. Regardless of the promises made by a law enforcement officer, keeping your mouth shut and contacting an attorney is always the best course of action.

A sampling of recent property crimes in Fresno includes:

-The Fresno Bee reports a 26-year-old Fresno man is facing a robbery charge in connection with the robbery of a Jack in the Box in south Fresno last week. Police say he was unarmed but told employees he had a weapon and demanded money. He left with an undisclosed amount of cash. Detectives report using surveillance video and witness reports to identify the suspect. He was taken into custody at his home near the restaurant on Sunday.

-A 24-year-old man is facing charges of carjacking in Fresno after incidents in parking lots off East Kings Canyon Road. Police say he dragged a 34-year-old woman from her vehicle on Dec. 20 and a 66-year-old woman from her vehicle on Jan. 27. Police say he confessed to both crimes, according to the Bee.

-The Bee reports a traffic stop led to the arrest of a Clovis burglary suspect. Several men in the area are believed connected to a number of residential burglaries.

Continue reading "Property crimes a common charge in Fresno, including burglary, robbery, carjacking, shoplifting" »

We read with skepticism claims by authorities that car thefts in Fresno are on the rise because of early jail releases. The Fresno Bee reports Chief Jerry Dyer said the city is on pace to see 6,900 vehicle thefts -- a rate not seen since 2002.

Sorry, but two weeks does not an accurate statistical block make. Such allegations are a common tactic of police and fire departments when budgets are lean. Without more money, criminals will run loose in the streets and your home will burn down while an understaffed fire department struggles to respond. Fresno criminal defense attorneys will tell you that such releases occur all the time.

Perhaps they have a minimal impact on the overall crime rate via a few chronic criminals. But typically those who are released have been charged with petty, non-violent crimes.

The Bee reports 7,175 vehicle thefts were reported in Fresno in 2002, compared to just 4,529 last year.

Clovis car thefts jumped more than 20 percent to 383 last year. Sanger car thefts are also reportedly on the rise. Other areas have seen a decrease, including Oakland, Sacramento and Los Angeles.

In fact Los Angeles reported a 9 percent reduction despite jail overcrowding that has inmates serving an average of just 15 percent of their sentences. Meanwhile police contend car thefts in Fresno began declining in the 1990s when the jail was expanded. They bottomed out in 2009.

About 15,000 inmates have been released since August of 2009 when staff cutbacks forced a reduction in the jail population. Police blame a significant number of car thefts on gang activity.

Continue reading "Connection Questionable between Car Thefts in Fresno and Early Release from Jail" »

A 33-year-old man wanted on charges of robbery and assault in Clovis has been arrested by police, the Fresno Bee reported.

The defendant is one of four men believed to have attacked a man at a Clovis residence in November, according to police. The defendant, who police say is a wanted parolee, was found and arrested at a South Argyle Avenue apartment. He was booked into Fresno County Jail on suspicion of armed robbery, kidnapping and assault.

In other news, a 35-year-old man is facing charges of burglary in Visalia.

Police say the victim reported returning home shortly before Christmas and finding two men trying to ransack his house on West Country Avenue in Visalia. The men drove away in a white Honda Accord but the victim reported the license plate number to police.

A Fresno criminal defense attorney should always be called to handle robbery or burglary charges. How a defendant is charged can have a major impact on a case. Robbery and burglary are distinct crimes that each carry their own sentencing guidelines upon conviction. Robbery, which generally implies violence or the threat of force to a person who is at home at the time of the theft, is a more serious charge.

Whether a gun was used and whether a person was injured in the commission of a theft crime can also impact how a defendant is charged. Gang enhancements may also increase the potential penalty.

And frequently innocent parties are unfairly charged with receiving stolen property or obstruction of justice in connection with a theft crime and the subsequent investigation. In short, the state can charge you with whatever it wants. It's what you are convicted of in a court of law that matters. Your attorney will thoroughly review your case and help you decide upon the best course of action. Sometimes fighting a charge at trial is the best bet for protecting your rights. In other cases, challenging evidence or seeking a reduction or dismissal of the charges may offer the best outcome in your particular case.

Continue reading "Theft, burglary and robbery charges best left to experienced Fresno defense attorney" »

Investigators closed two alleged chop shops in Fresno this week, the Fresno Bee reported.

A Fresno criminal defense lawyer experienced in representing clients facing serious theft charges will carefully review the allegations in these cases. Chop shop allegations can be complex cases and are often difficult to prove. That's okay. We don't have to prove anything -- that burden rests with the state.

Frequently a legitimate business or salvage yard can be slapped with chop-shop allegations. In other cases, a consumer may have purchased a car without knowing it was stolen.

A theft crime can follow a defendant through life, making it difficult or impossible to hold certain jobs or work in certain professions. An experienced Fresno defense attorney will thoroughly investigate your case and will seek a reduction or dismissal of the charges on your behalf. Penalties for a theft conviction can include prison time, probation, restitution, court-ordered counseling, fines and court costs and community service.

The first shop was located on the 4700 block of East Tower Avenue, where detectives from the multiagency task force for auto theft reported finding three stolen vehicles. An 18-year-old man was arrested for allegedly operating a chop shop. He faces charges of grand theft auto and vehicle theft.

The other operation was located on the 3600 block of South Peach Avenue. Police report finding four stolen vehicles and arrested a 22-year-old man for owning and operating a chop shop, grand theft auto and vehicle theft.

Both suspects were booked into the Fresno County Jail.

This is a classic example of one of those times when the best thing a defendant can do is to keep his mouth shut and call an attorney. Frequently, investigators will try to talk to a defendant in a situation like this, even indicating lesser charges might come with cooperation. First, police are empowered to make no such deals and any deal made without your attorney present is pretty much worthless. Second, it is very common for the best evidence against a defendant to be his own statements after arrest -- either to an investigating officer, a fellow inmate or a loved one during visitation or a telephone call from jail.

An experienced defense lawyer can frequently deal with the evidence -- and a reduction or dismissal of the case is possible. But it is a defendant's own words that often seal his fate before a defense attorney can begin to fight the charges on his behalf.

You have the right to remain silent. Exercise it.

Continue reading "Fresno Auto Theft Charges Result from Raid of alleged Chop Shops" »

Huron Mayor Ramon Dominguez will stand trial on charges of felony grand theft and receiving stolen property, the Mercury News reported.

The grand theft charge alleges he sold $40,000 worth of property that he did not own to a local church group. The stolen property charge is for allegedly possession a laptop belonging to Huron Middle School, where he used to work.

Under California Law (P.C. 487), grand theft is defined as the unlawful taking of property valued at more than $400. The law states the crime can be committed via larceny, embezzlement, trick or false pretenses. Returning the property or intending to return the property is not a valid defense. Hiring a Fresno criminal defense lawyer is vital to protecting your rights.

If convicted, he faces up to nine years in prison. He has been free on $40,000 bond since being arrested nearly a year ago and is running for re-election in November. A Fresno County Superior judge ruled this week that there is enough evidence to charge him with the crimes.

His attorney said the failed business venture has cost Dominguez thousands of dollars and that the mayor had planned to buy the property he was selling to the church, the Fresno Bee reported. When he found out he couldn't do that, he refunded the church's money.

Continue reading "Fresno area Mayor faces Grand Theft Charges " »

A 22-year-old man is facing armed robbery charges in Fresno after authorities say he robbed an ice cream and sandwich shop with a gun and a mask, Fox 26 reported.

Robbery charges are very serious. First- or second-degree robbery can carry a penalty of 5 to 9 years in prison. Multiple charges can carry a life sentence and robbery can also count as a strike conviction. Additionally, the use of a gun can add 10 years to a robbery sentence. Discharging a firearm can add 20 years.

In this case, Clovis police say the man entered the Togo's Baskin Robbins at Clovis and Shaw at about 10:30 p.m. Wearing a mask and armed with a gun, he forced four workers into the freezer and forced the manager to open the safe. He then fled in a red Pontiac with an undisclosed amount of money.

Clovis police report they attempted to stop the car, which resulted in a chase through Sierra and Price. The car then crashed into several parked cars and a telephone pole. The driver fled on foot. After several hours of searching, police were about to give up when the defendant reportedly walked by and was arrested.

He is facing armed robbery and felony evading charges and police say additional weapons charges are possible. No one inside the store was hurt.

Continue reading "Fresno armed robbery charge results from holdup of ice cream parlor " »