Fresno Criminal Lawyer Blog

Suppression Motion Granted Fresno DUI Case

Fri, 27 Apr 2012 10:39:35 -0800

Just received notice this morning that we received a stunning win on a DUI case. All observations and evidence gathered subsequent to the stop was suppressed. The issue was based upon the officer stopping the vehicle for lack of a front license plate, however, the vehicle was properly registered out of state. Citing People v. Reyes and People v. Teresinski, the court held that the officer's mistake of law that the vehicle required a front plate constituted an unreasonable search and seizure under the Fourth Amendment. We're very pleased with the ruling.

Fresno-Area Police Arrest Nearly 150 for DUI During Holiday Season

Tue, 03 Jan 2012 07:12:55 -0800

Many Fresno-area drivers started off the New Year on a sour note, now having to battle a Fresno DUI charge they picked up as officers saturated the area toward the end of the year.

Our Fresno DUI defense lawyers have been helping many clients who were caught in a DUI trap during the end of the year. As traffic increased around the holidays, law enforcement doubled their efforts to try to cut down on the number of drivers operating vehicles while intoxicated by drugs or alcohol.

As predicted on our Criminal Defense Blog, officers were out in full force and made many arrests. Yet not every arrest will result in a conviction. Many of the charges will get dropped because of poor police work or other circumstances, some will be reduced to less-serious charges and some will be beaten at trial.

According to The Fresno Bee, officers made 147 DUI arrests between Dec. 16 and Jan. 1 throughout Fresno and Madera counties. The officers, representing 21 different law enforcement agencies, patrolled the streets during the 17-day AVOID DUI campaign.

The newspaper reports that the number is down from the 176 arrests made during the same period a year ago. Fresno police said they made about the same number of DUI arrests on New Year's Eve this year, 14, as they did last year, 13.

Police observed that fewer people are drinking and driving on New Year's Eve than in years past. With programs designed to provide rides, using designated drivers, staying at home or not drinking when they go out, police believe such campaigns are cutting down on the number of drunk drivers. However, such enforcement also increases the number of marginal or unfair arrests.

The newspaper also reported recently that the Fresno County District Attorney's Office received a grant to create a team to investigate and prosecute young felony DUI cases.

The $665,000 grant from the California Office of Traffic Safety is designed to target DUI cases with drivers aged 18 to 29, the newspaper reports. Statistics show that nearly half of all DUI cases filed in the county come from drivers in this age range.

Certainly, underage drinking is a problem, especially in cases where accidents are caused because of poor decisions made by inexperienced drivers. But not every person who is charged with DUI is guilty.

There are defenses that must be explored, ranging from the reason for the initial stop by police to field sobriety tests and breath testing conducted and whether those tests were done accurately. Young people in particular should consider that a DUI conviction could hurt their future.

A conviction could end up kicking a teen or young person out of school or lead to the loss of a scholarship or entry into college. That's why even though a DUI is typically considered a misdemeanor, it shouldn't be taken lightly. The charge can be filed as a felony and some estimates put the cost of a DUI conviction as high as $20,000 based on court costs, fines and fees, programs that must be completed, possible probation and other costs. It is serious.

Police Will Be Out Looking For DUI Arrests in Fresno This Winter Holiday

Tue, 20 Dec 2011 11:27:13 -0800

As we have recently gotten through Thanksgiving, survived Black Friday and now turn toward the winter holiday season, our Fresno DUI defense attorneys wish your family a happy holiday season.

And we offer a bit of advice -- stay safe this holiday season and avoid an unwanted arrest by police who will be seeking to make DUI arrests in Fresno with stepped up patrols, sobriety checkpoints and other tactics.

This is a busy season for law enforcement statewide. Fresh off of a multiple-day enforcement period around Thanksgiving, local and state law enforcement agencies will be back at it before Christmas until New Year's, trying to make as many arrests as possible.

Not only can being charged with DUI ruin a person's day, it can damage their reputation and subject them to possible penalties in California that can lead to serious problems, including jail time, probation, fines and fees, alcohol education programs and other sanctions.

An arrest can cause financial problems, stress at home, embarrassment and other issues, so fighting back is the only option. In many cases, elements of the state's case can be scrutinized. Breath testing has been proven to be faulty because of poor manufacturing or improper maintenance by officers. Field sobriety test results may be challenged based on physical or weather conditions or other proof that a driver didn't fail as officers say they did.

DUI is obviously a crime that anyone can commit, usually not intentionally. The head of the Federal Aviation Administration resigned after he was initially put on leave following a DUI arrest in Virginia, CNN reported.

He was allegedly caught traveling on the wrong side of the road by police. He was released without bail and later resigned. According to the news article, Randy Babbitt, 65, is a veteran pilot who flew for 25 years and became administrator in 2009.

This shows that anyone can be charged with the crime, even those who have a lot at stake. Losing a job, losing a reputation or having family problems are all things that can happen on top of what a judge can sentence.

And, if the California Highway Patrol has its way, many judges will be handing down sentences to drivers caught in their DUI traps this holiday season.

According to the San Jose Mercury News, the state law enforcement agency arrested 1,350 drivers on suspicion of driving under the influence this year during the Thanksgiving holiday weekend. That number is actually down from the 1,419 who were arrested last year. There were 21 traffic-related deaths this holiday season compared to 12 last year. And those numbers don't include local law enforcement arrests.

Be safe this holiday season and be aware that police will be out looking for drivers they can charge with DUI. Take precautions to avoid this serious situation by getting a ride, a taxi, the bus or an alternative to drinking and driving. If you are arrested, call immediately.

Winemaker Sues Wife Over Conspiracy to Get Him Charged With DUI

Fri, 16 Dec 2011 09:27:04 -0800

A San Francisco-area winemaker is suing his wife, accusing her of getting him drunk on wine so that he could be charged with DUI in San Francisco, San Francisco Weekly reports.

Allegations of DUI in Fresno can be damaging to a person's reputation and can lead to major sanctions, which include jail or prison, fines and fees, alcohol-related education classes and other sanctions. In society, it can lead to a job loss, a damaged reputation in the community, loss of leadership positions and other problems.

That's why fighting the charges with an experienced Fresno DUI lawyer is critical. Many elements of a DUI can be fought in court, including the initial stop made by police, the breath testing used and whether field sobriety tests conducted by the authorities were done properly.

In order for a prosecutor to prove that a person is guilty of driving under the influence in California, the state must show a jury beyond all reasonable doubt that a person was driving a vehicle and that they were under the influence of alcohol or drugs.

Breath testing can often be difficult for prosecutors because it has been well documented that these devices can result in inaccurate data because they may not be properly maintained. Many cases have been reviewed or dropped by the state as a result of problems in recent months.

Officers, if not properly trained, can botch field sobriety tests that are given to drivers. They may also not have a reason in the first place to pull over a vehicle. If they violate a driver's rights, the evidence they collect may be tossed out by a judge.

In this case, a civil lawsuit has been filed by a winemaker, alleging that his wife and a private eye conspired to get him drunk and call police after he drove off. The 48-year-old filed a lawsuit recently alleging that the private eye worked with the wife to get him drunk and tip off the police if he tried to drive. The lawsuit alleges that the plan was to give her an upper-hand in the couple's custody battle.

According to the lawsuit, the private eye said the plan was a "dirty DUI." The wife agreed to the conspiracy and paid him $6,600. The man went to a wine bar where he was supposed to meet a reality TV producer who wanted to make a show based on his business. But the "producer" was a person who was part of the scam. The man was fed rounds of drinks.

After leaving the bar, he was immediately pulled over, allegedly without probable cause. The lawsuit states that he drank more at the bar than he normally would have because of the scheme. The wife allegedly then paid an additional $1,500 to have a fake TV crew film at his winery, the publication reports.

According to the lawsuit, the fake TV producer is a former police officer who later admitted to the man he took part in the scheme. A partner of the deputy who made the arrest said the arresting deputy had received several calls from his "PI buddy" on the night in question and he was uncomfortable with the fact that his partner told him they were conducting a dirty DUI.

Fresno Juvenile Charged In Home Invasion, Shooting of 91-Year-Old

Fri, 09 Dec 2011 08:50:06 -0800

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.

Another Fresno Teacher Accused of Sex With Student

Fri, 02 Dec 2011 08:50:57 -0800

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.

Enjoy Turkey Day and Keep an Eye Out For Police Seeking DUI Arrests in Fresno

Tue, 22 Nov 2011 09:07:56 -0800

As the Thanksgiving holiday weekend approaches, people are finalizing their grocery lists, planning their football-watching schedules and even looking forward to Black Friday shopping after the big meal.

One more thing -- Be on the lookout for Fresno police.

That's because as the holiday season approaches, police will be out in full force, setting up DUI checkpoints and increasing patrols to try to nab drunk drivers.

Picking up a charge of DUI in Fresno can be enough to ruin not only the holidays but the months and maybe years ahead. Drivers know that if they pick up this charge they can not only face extreme penalties, such as jail or prison time, a suspended or revoked driver's license, fines and fees and other sanctions, but also they can possibly lose their job and have personal problems.

This is why it's so critical to consult with an experienced Fresno DUI defense lawyer as soon as you can following your arrest. You should refrain from giving any statements to police, as they will use those against you in court.

These charges are serious and police will attempt to make as many arrests as possible during the holiday season. Officers will look for people who are swerving from lane to lane, speeding, running red lights or committing other traffic infractions in order to give them a reason to make a stop.

After that, they will look for slurred speech, glassy or bloodshot eyes or other reasons to begin conducting a DUI investigation. This may be followed by field sobriety tests, a request for a breath test or blood test.

DUI has been in the news lately, as two DUI-related accidents serve as a reminder that driving after drinking alcoholic beverages can be deadly.

In one case, a Clovis man who was killed by an alleged drunk driver was recently laid to rest the same day the suspect in the case made her first court appearance, ABC News reports.

According to court records, a 24-year-old woman allegedly hit the man's Jeep, causing the vehicle to roll down an embankment. The 54-year-old victim died at the scene. Police said the woman allegedly drove off and was pulled over by police a short time later.

In an unrelated incident, Fox News reports that an alleged drunk driver pulled in the path of an off-duty Fresno police officer in Clovis and caused a crash on his motorcycle.

Police have said the 24-year-old driver had a blood alcohol level above the state's 0.08 legal limit when the crash happened. Investigators believe he pulled out in front of the motorcycle. They have charged him with two felony counts.

Certainly the fact that a police officer was the alleged victim of a drunken-driving episode will bring additional exposure to this crime. That, in turn, may cause local law enforcement area-wide to step up their efforts to track drunk driving.

But not all drivers arrested for DUI are guilty and there are many defenses to the crime. If you are suspected this holiday season of DUI in the Fresno area, call an experienced Fresno DUI defense lawyer immediately.

Man Held in Killing at Central Fresno Restaurant

Mon, 21 Nov 2011 08:47:26 -0800

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.

"Prolific" Fresno Auto Theft Suspect Fired On, Arrested By Police

Tue, 08 Nov 2011 14:07:59 -0800

Fresno police fired at a person they are calling a "prolific" car thief after he allegedly led police on a chase that ended in a crash, KSEE reports.

As Fresno criminal defense lawyers reported in July, Fresno ranked first in the nation in auto thefts. It has been a problem that city officials that law enforcement have been working on for a while, but with few victories.

Perhaps it was the frustration of knowing their city is known for its high number of vehicle thefts that led them to get into a high-speed chase with a man and then fire rounds at him for allegedly committing a non-violent crime. While auto theft in Fresno has been on the rise and is a serious crime, officials must ask if police should be using deadly force for this type of crime.

KSEE reports that the man allegedly led police on a chase and "prompted" officers to fire on him. Police believe he is responsible for committing several vehicle thefts. The man was reportedly driving a stolen vehicle when officers spotted it.

They say the man resisted arrest and fled. Police say he tried to run over officers, which is why they started firing on him. He was hit twice and continued driving. There was a woman inside the vehicle, as well.

Police say he lost control of the car and hit a house. Both the man and the woman were arrested by police.

Crime Voice has a few additional details.

The online publication reports that members of the Fresno Police Department's career criminal auto theft team were trailing the 32-year-old. He pulled into the parking lot of a convenience store at Tulare and Peach streets and the woman got out of the vehicle to go inside the store.

That's when officers moved in to make an arrest, but he allegedly tried to run over officers, prompting the 11 a.m. shooting in public by police. The man was struck twice in the chest.

After heading west on Tulare, the man eventually lost control near Willow Avenue. He was rushed to the hospital and is expected to survive. A female passenger was injured in the crash.

The man now faces charges of suspicion of assault with a deadly weapon. Police said they may be adding charges and say he's responsible for many stolen vehicles in Fresno.

This seems peculiar. Police say he was in a stolen vehicle and that's why they were following him. That's also why they were attempting to arrest him, yet they haven't filed any charges related to those allegations.

When the news media write their initial stories, they're typically one-sided. They receive word from the police from a law enforcement perspective, yet the suspect is likely in jail or has been advised not to say anything publicly. This can create false information presented to the public that can only be straightened out at trial.

Things are not always what they appear at first and the public -- potential jurors -- must keep an open mind if they are called to make decisions about high-profile crimes.

Woman Charged with Murder in Fresno After DUI Crash

Wed, 02 Nov 2011 13:17:20 -0800

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.

Drunk Driving in Fresno, Nationwide Down, But Police Still on the Lookout

Wed, 26 Oct 2011 06:09:50 -0800

The Fresno Bee recently reported that four people were arrested and 22 vehicles impounded during a DUI checkpoint, which comes on the heels of the Fresno Criminal Lawyer Blog analyzing the relative uselessness of such a strategy.

Additionally, the Centers for Disease Control and Prevention recently put out a study that shows drunk driving is down 30 percent since 2006.

DUI in Fresno and elsewhere may not be nearly as big a problem as authorities would have you believe. In fact, the numbers are shrinking. Still, Fresno DUI defense lawyers continue to get requests from people asking for help with their DUI case. Which means even though the number of drunk drivers are down, arrests remain steady.

The Bee reports that the weekend DUI checkpoint at Ventura Avenue near R Street resulted in four people being charged with suspicion of drunken driving. More than two dozen vehicles were impounded, although a law change going into effect Jan. 1 will give drivers more time to find a person to drive their vehicle home if they are charged with driving without a license. Currently, their vehicle can be towed within 15 minutes. The law change, the newspaper speculates, would give officers less time to stop cars at checkpoints because they have to deal with parked cars for longer periods of time.

On a national level, NPR reports that 112 million Americans drove drunk in 2010, but that's down significantly from 2006, when the number was closer to 161 million.

The CDC study shows that young men -- from 21 to 34 -- account for 32 percent of drunk-driving incidents, though they only make up 11 percent of the nation's population.

As The Car Connection reports, DUI-related fatalities are down to about 11,000 per year, which is far lower than the 25,000 reported in 1980, when there were far fewer vehicles and people on the road.

But they cite the CDC statistic that 81 percent of drunk-driving incidents in 2010 were committed by men. And of those incidents, 85 percent were a result of binge drinking, which is defined as having a large amount of drinks in a short period of time.

While no one would argue that drinking and driving is a good thing, it certainly may have been over-hyped by law enforcement and lobbying groups in recent years. Many people charged with DUI in Fresno and elsewhere throughout the nation either never planned to commit a crime or have had a few drinks but still have the capacity to drive home.

Something can be said for people who have one or two drinks and are intoxicated but not legally drunk versus a person who has three or four drinks, but doesn't have a loss of senses, but legally is drunk.

Every case must be defended, and in DUI cases, that means looking at the initial stop, whether the officer had probable cause, as well as the training to conduct field sobriety testing. Breath testing machines have also have a list of problems, as they have outputted incorrect results, leading to unlawful convictions.

Authorities Arrest Alleged Copper Wire Thief in Fresno

Thu, 20 Oct 2011 11:37:06 -0800

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.

State v. Walker Shows Why Breath Testing, Rights Violations Must Be Examined in Fresno DUIs

Thu, 13 Oct 2011 08:01:04 -0800

A recent case out of Iowa highlights why challenging breath testing as well as a well-timed motion to suppress in a Fresno DUI case can be highly beneficial to a defendant.

In State v. Walker, a man was arrested for DUI and requested to speak with his lawyer. But the police violated his rights by video-recording the conversation with his attorney, ruling out evidence they collected to use against him.

As any good Fresno DUI defense lawyer will tell you, a meeting between an attorney and client must be completely private. Important issues are discussed, strategies may be developed and the defendant's words should not be made public. It is a private conversation.

Even in jail settings, there must be rooms without microphones so that private meetings can take place without fear someone is listening. In Walker's case, that didn't happen.

According to court documents, the man was arrested and charged with "operating a motor vehicle while intoxicated," which is the name of the charge used in Iowa instead of "drunken driving." He asked to speak with his lawyer.

But the area they set up was in a booth that required the two to speak by intercom, and they were separated by a glass partition. The whole time the two were being monitored by a police video camera. It's highly likely that their conversation was subjected to the recording, making it a public conversation.

After conferring with his lawyer, the man agreed to take a breath test, which measured his blood-alcohol level at more than double the legal limit. But the man moved to have the test results suppressed, alleging the police violated his rights under an Iowa code that guarantees that he can meet with his attorney "alone and in private."

The judge agreed and granted the motion, tossing out the results of the breath test. But a court of appeals reversed the decision. When appealed to the state Supreme Court, justices reversed the appellate court's decision and again tossed out the breath test evidence.

While this may be a rare situation, defendants' rights are often violated during police investigations. While they may not happen in this type of similar situation, there are a variety of ways that a person can have his or her rights violated by police:

By telling police they want to speak with a lawyer and having officers press them into confessing
When officers search a person's house or person without justification
During DUI investigations when an officer might pull over a vehicle without probable cause

These are only a few of the more common examples of how this can happen.

But the remedy is often that evidence collected by officers who aren't doing their jobs correctly isn't allowed at trial. When law enforcement officers go against the rules and procedures and try to collect material to be used against a defendant, they get punished by watching that work go out the door.

And the defendant watches the potentially damaging evidence be held out of trial because they suffered by having their rights stripped away. An experienced Fresno criminal defense lawyer will be able to spot when rights have been violated and when motions need to be filed in order to keep out evidence that was wrongly obtained.

Fresno Man Arrested for Burglary After Falling Through Store Ceiling

Tue, 11 Oct 2011 13:33:16 -0800

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.

DUI Checkpoints in Fresno Expensive and Produce Few Results

Tue, 27 Sep 2011 11:43:48 -0800

The Beverly Hills Police Department recently presented information at a city council meeting that brought forward the reality of police checkpoints for DUI in Fresno and elsewhere, the Beverly Hills Patch reports.

A police lieutenant told council members that the goal of checkpoints isn't to arrest drunk drivers, but to sear the thought of drunk driving into the minds of drivers. The department uses these resources in order to accomplish it:

25-30 officers staffed at multiple locations during a checkpoint

$10,000 per checkpoint to run them, via state grant money

Beverly Hills averages seven checkpoints per year

Checkpoints average seeing 2,223 vehicles, while about 480 drivers -- about 1 in 5 -- are actually stopped and screened.

Three field sobriety tests -- out of more than 2,000 vehicles -- are actually administered.

An average of just 1 driver per checkpoint is arrested for DUI.

For years, Fresno DUI defense lawyers have fought the constitutionality of DUI checkpoints, as they subject drivers to police screening without probable cause.

Yet, courts have ruled them constitutional. Here the officer essentially admits that they are a terribly ineffective tool -- tying up 30 officers at a cost of $10,000 to make a single DUI arrest. Instead, they take tens or hundreds of thousands of dollars in state funding -- from a cash-strapped state at that -- and use it essentially as a public relations campaign.

The way a DUI checkpoint typically works is officers set up shop on a busy street, usually frequented after people leave a big event or perhaps near a district filled with bars and other late-night establishments.

They set up cones to separate lanes and flash police lights in order to make sure people see something out of the ordinary is going on. There may be electronic signs informing people to slow down ahead. The whole process is a danger to officers and to innocent motorists on the road.

As drivers approach the checkpoint, officers will approach the vehicles and make a quick assessment, with no probable cause and little proof, of whether the driver is impaired.

While most drivers likely pass through without any problems, for reasons unknown, officers may ask for additional information from someone they deem "suspicious." So, these people, while others may be guilty of more serious crimes, are asked to pull aside and could end up facing an expensive criminal charge.

If you find yourself in this position, the first thing to do is call an experienced Fresno DUI defense lawyer who will scrutinize all points of the operation and the circumstances that led to your arrest. These charges can be challenged and beaten.