Fresno Criminal Lawyer Blog

Clients and potential clients often ask us about results. Because that is all they care about, understandably. It hardly matters to them how much work we put in if they don't get the results they were looking for. Of course, not every case is a tremendous success story, however, we do our best to make sure it was worth it for our clients to come to our office.

With that said, I'm pleased to report several phenomenal wins we've had for our clients in the last month. I won a complex DMV hearing involving multiple days of testimony from CHP officers and our accident reconstruction expert, which resulted in a successful win and overturning the suspension of my client's commercial trucking license due to a fatality accident. We also successfuly reduced a DUI with a .18 blood alcohol to a wet reckless driving after filing and appearing in court on a motion to suppress due to a questionable detention of my client's vehicle.

In addition, Robert Troncoso, an associate with the Law Offices of Michael E. Mitchell also successfully obtained two dismissals of DUI cases and had the records of a DUI arrest successfully sealed in a minor DUI case. Two weeks ago we also had a DUI successfully reduced a dry reckless driving, no DUI consequence, and a fine of $265.00; more over, the DUI suspension was reversed by the court.

Of course, these wins should not be taken as a prediction of future results, every case is different. But give us a call and I'd be happy to discuss your case and what we can do to help.

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.

Two men face criminal charges for a Fresno car chase, which ended in West Fresno after police fired shots at the vehicle, CBS 47 said.

A Fresno criminal defense lawyer should always be called in the wake of a serious or fatal car chase by police. A proper Fresno traffic defense will entail determining whether police followed proper procedures, designed to protect all involved. The truth of the matter is that few offenses justify the dangers to which authorities subject both the defendants and the public when a car chase occurs.

This case is complicated by the fact that police fired an unknown number of shots at the vehicle after alleging it attempted to ram a California Highway Patrol cruiser.

The rules and regulations surrounding proper conduct in a car chase are only surpassed by those governing how and when an officer may discharge his or her weapon. If a thorough review of the case reveals improper conduct by officers, either during the chase or as a result of discharging a weapon, an experienced defense attorney may well be able to seek a reduction or dismissal of the charges.

Police report the chase began about 1:30 a.m. after police stopped the car and an officer noticed a gun in the vehicle. The car eventually spun out in a Cul de Sac at Providence and Pima near Clinton and Blyth avenues.

FOX26 reported that both men are in custody on felony charges, including attempted murder of a police officer.

Continue reading "Charges resulting from car chases, police shootings, require experienced Fresno defense" »

Fresno Police Department Officer, Brian Phelps, is lucky that he was not seriously injured when a fleeing driver at a Fresno DUI checkpoint took off, dragging Phelps with him. I have had the pleasure of cross-examining Officer Phelps in court and at several DMV hearings in Fresno. Despite the obvious adversarial nature of my job as a Fresno DUI Attorney, I'm very grateful that Officer Phelps was not badly injured and I hope he makes a full recovery.

It goes without saying that I have a job to do and the police officers have their jobs to do. Ultimately, I have a great deal of respect for police officers and the service they provide to me, my family and the rest of the community. As a Fresno criminal defense attorney, my job is to point out the mistakes and protect people from erroneous convictions- not to take things personally.

Apparently, Officer Phelps was working at a Fresno area DUI checkpoint, when the driver in this case, Richard Caldwell approached the checkpoint. Officer Phelps tried to remove a cup containing alcohol from the motorist when he hit the gas and lurched forward. Phelps, apparently, was half inside the vehicle and he went about 20-30 feet sticking out of the vehicle.

Caldwell, who is an active parolee, was driving a stolen truck and did not have a valid driver's license. Amazingly, officers also saw him pitching stolen credit cards from his window as they were following him. Drivers cited at DUI checkpoints, who actually stop for the police, are usually well advised to look for aggressive Fresno DUI lawyers to handle their case.

The fortunate part of this story is that Officer Phelps walked away from the incident with minor injuries. However, this incident also highlights the lengths some people will go to avoid getting caught. Working as Fresno criminal defense lawyer, I am often confronted with sticky situations clients often get themselves into, however, despite the odds, it's always important to tackle the case as aggressively as possible.

KMPH News: DUI Dangers: Fresno Officer Hurt at Checkpoint

In the early morning hours this past Friday, an off-duty Fresno police sergeant was arrested for suspicion of driving under th influence by another Fresno police sergeant. It all went down around 1:30 a.m. on Friday, when another Fresno Police Officer observed, off-duty Fresno Police Sergeant Ron Hughes strike a curb and weave across several lanes.

Fresno Police Chief, Jerry Dyer, commented that the off-duty Fresno Police Sergeant violated several traffic statutes before he was pulled over. The cop who stopped Hughes actually was another Fresno Police sergeant who stated that he noticed a Chevy pickup driving across the lane lines and hitting a curb with the tire of the truck. This all happened around 1:30 a.m. in the morning this past Friday.

The officer who arrested Hughes claims that he didn't know Hughes was also a Fresno Police Department officer until he was already arrested and in handcuffs. Apparently, Hughes is assigned to the narcotics task force and works undercover. Maybe that's why the other officer didn't recognize him.

In my career as a Fresno Criminal Attorney, I've had occasion to defend several members of the law enforcement community on DUI charges in Fresno and around California's Central Valley. Its unfortunate when it happens because they have so much at stake. Many police departments have a zero tolerance policy when it comes to driving under the influence, and a DUI conviction may result in a loss of their job- permanently. Other police departments are then often hesitant to hire police officers who have been discharged from other agencies for a DUI conviction.

Really, it doesn't matter who you are, average Joe Blow or Fresno Police officer, a DUI can have devastating consequences in this day and age. That is why it is important to contact a Fresno DUI Attorney so that you can do everything you can to avoid a DUI conviction.

Fresno Police Officer Faces DUI Charge, FresnoBee.com, August 13, 2010.

Continue reading "Off-Duty Fresno Police Sergeant Nabbed for DUI" »