Fresno Criminal Lawyer Blog

CBS News is reporting that a Fresno juvenile has been charged in connection with the shooting of a 91-year-old woman.

The news station reports that the incident happened during a home invasion robbery on Thanksgiving morning in San Joaquin.

Fresno criminal defense lawyers take cases of shootings in Fresno very seriously because we understand that the state can come after a defendant and seek major penalties. In cases where gang activity is alleged, lawmakers have allowed for provisions in the law that can lead to more serious sanctions against a defendant. When weapons are alleged as part of a case, that is another avenue for prosecutors to pile on charges.

According to the news report, a person climbed through the window of a house where the 91-year-old and her 63-year-old daughter live. Police say they tracked a 17-year-old to an apartment complex more than a mile away. Detectives are charging the teen with attempted murder and his mother with accessory after the fact. Deputies have said the teen attempted to hang himself in a holding cell. Deputies won't say what led them to the suspects.

The Fresno Bee has some additional details. The newspaper reports that the teen allegedly shot the woman in the neck even though neither woman fought back. He also didn't steal anything.

The newspaper reports that along with the attempted murder charge, the teen will face charges of home-invasion robbery and felony elder abuse. The 91-year-old is recovering at a hospital, and was listed in very serious condition.

In this case, because of the teen's age and the severity of the charges, he will likely be charged as an adult. And if the woman dies, he could face first-degree felony murder.

In California, there are two ways to face first-degree murder. The first is if police can prove the crime was premeditated, meaning it was planned in advance. The most common is if a person was killed while the suspect was committing another felony crime, such as a robbery, sexual assault or kidnapping or another felony.

If the woman dies, police may be able to try to show the teen committed a home-invasion robbery at the time he killed the woman, even if she didn't die until later. It's unclear why the boy's mother was charged, although it's possible she knew he committed the crime and helped him hide evidence.

When teens are charged, it depends on the facts as to whether they will be charged as a juvenile or as an adult. If the teen has a history in the system, prosecutors may try to charge the person as an adult to try to get him or her to stop committing crimes. Even if they are new to the system, the severity of the allegations combined with the age of the defendant can lead to adult charges.

Most people understand that being charged as a juvenile is preferable, but it's no picnic. Probation, community service, boot camps or other sanctions may be possible. And a conviction could hamper their future. Fighting the charges is important to any teen.

Continue reading "Fresno Juvenile Charged In Home Invasion, Shooting of 91-Year-Old" »

The Fresno Bee reports that a man recently died after a domestic violence incident in central Fresno.

While many people consider the victims of domestic violence incidents only to be women, that's simply not true. And another misnomer is that a person arrested for domestic violence is automatically guilty. These cases are almost always based on the word of one person against another. Unfortunately, law enforcement officers typically take sides with little or no evidence -- often that means the man is going to jail. Going by little information or evidence, police sometimes make incorrect Fresno domestic violence arrests.

That's why properly defending these types of cases is so important. An experienced Fresno Criminal Defense Lawyer can question the alleged victim as well as the police. Police can charge you with anything; it's what you are convicted of that matters.

In this case, the incident happened around noon one weekday in the 4000 block of Plaza Drive West. Police say a man and woman who live together with children got into an argument and the man was fatally wounded. Law enforcement didn't say the ages of the children or if they were home during the alleged fight.

Police say that after leaving the house, the man got into a car and sped down an alley before he crashed into a business. He was taken to a local hospital, where he was pronounced dead. The woman was also taken to a hospital.

A more updated version from the newspaper reports that the 35-year-old man was stabbed. Police are investigating the incident as a self-defense case.

Determining who is the aggressor and who is the defender is often the most difficult part of a domestic violence case. These cases almost always come down to a he said/she said situation. Neighbors may be able to tell police they heard arguing, but they probably didn't actually see anything. Eyewitnesses are often scarce or nonexistent.

If the stories vary, an aggressive Fresno Criminal Defense Attorney can question the scenario used to charge a defendant with domestic violence.

Also, police must be held accountable for their decisions. If an officer makes an arrest solely because he or she doesn't want to worry about having to get called back to the house or because they fear the fight could escalate and they could get in trouble, those aren't valid reasons for taking a person's liberty away.

Police must have probable cause to believe a crime has been committed and that doesn't just mean picking one of the two people in the house to arrest and marking the other as the victim. All of these questions must be answered -- giving an experienced attorney many ways to challenge a domestic violence charge.

Continue reading "Man Dies After Fresno Domestic Violence Incident" »

Fresno Criminal Defense Attorney Michael E. Mitchell was able to procure a dismissal for an extremely grateful client this week on after announcing "ready for trial." This case involved an allegation of domestic violence. While the allegations in the complaint were extremely shaky, this case points to the fact that it is essential to be prepared to try a case before a jury.

Although the prosecutor reluctantly dismissed the case based upon witness problems. Fresno Domestic Violence Lawyer Michael E. Mitchell was ready to place the matter before 12 members of the community to decide whether the charges were true or false. His willingness to go to trial is often what makes the difference in a case being dropped. If your not willing to go all the way for a client, then criminal defense is not the area of law an attorney should be practicing. Mr. Mitchell knows this and brings his assertiveness and tenacity to the table for each and every client.

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.

The other day the question arose as to what the rules are when it comes to transporting a firearm in your vehicle, or even to and from your vehicle to your home. As Fresno Criminal Attorney, I often represent clients who stand accused of improperly transporting firearms or improperly concealing firearms. Unfortunately, there is really no room for error. In Fresno, County, if you run into a Police Officer or Sheriff Deputy who is having a bad day, he or she can arrest you and cite you for either a misdemeanor or a felony if you happen to be, even unintentionally, violating the law when it comes to transporting a firearm.

It is important to note that you are looking at a possible felony if the gun is loaded or the ammo is within your possession and the gun is concealed, but a misdemeanor violation if the gun is concealed, but unloaded and the ammo is not within your immediate presence. (Penal Code section 12025(b)6-(b)(7)) OK, so what are the rules?

The first rule is that you can only carry a firearm if it is unloaded and openly displayed on your person in a belt holster (Penal Code section 12025 (f)). That is the "open carry" provision in California law. A firearm may also be carried to and from your vehicle, but must be in a locked and sealed container. A locked container and sealed container means a fully enclosed container that is secured by some type of locking device (i.e. a padlock, combination lock, etc.) (Penal Code section 12026.1). Due to the complexity in the law when it comes to what is acceptable and what is not acceptable under the law when it comes to transporting a firearm, mistakes can and do happen. If you have been charged with transporting a firearm or carrying a loaded firearm improperly, it is imperative that you contact a knowledgeable Fresno Criminal Defense Lawyer.

Ok so how about carrying the gun in my trunk?, you might ask. So you can carry a firearm in your vehicle as long as it is unloaded and in the previously mentioned sealed and locked container. Or you can carry it unloaded and in your trunk. It is important to note that a locking glove box or utility compartment doesn't count. So if you have the gun in one of those utility compartments in the back of your SUV it may not qualify under the law. This does raise a conundrum, which is I can have an unloaded firearm in my locked trunk, but not in a sealed and locked container, but I'm violating the law if I carry that unloaded firearm to and from, say my place of business, to my vehicle without the gun being in a sealed and locked container. There is a possible exception which allows you to do that (see Penal Code section 12026.2 (6)); however, I prefer to live in the broad black and white area in my own life rather than in the shade of gray exception to the rule area. That is just my own preference.

As far as a firearm being loaded, the law provides that a gun is considered loaded if there is a live round attached in any way to the gun, such as in the chamber or in the clip which is attached to the gun. (Penal Code section 12031(g). Some people have raised the question whether ammo could be carried in the locked trunk with the firearm. Penal Code section 12031(g) seems to indicate that carrying the ammunition in the trunk would not make the firearm "loaded" under the law.

I hope this blog article is informative and provides some worthwhile information. If you or someone you know is facing any type of firearms violation charge, contact the Law Offices of Michael E. Mitchell, A Professional Corporation, today to speak with an experienced criminal defense attorney. (559) 222-2424.

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.

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.