Fresno Criminal Defense Attorney: 5 Important Facts You May Not Know

Starting January 1, 2013, red light camera information will be admissible as evidence in court. The constitutionality of this law may be challenged because of the right to confront an accuser under the Sixth Amendment. Meanwhile, successful defenses in red light camera cases are still possible. A Fresno criminal defense law firm can apprise you of your rights and help you defend yourself effectively.

Cop Dashboard Cam Can Exonerate Defendants

Police cars in the state of California have dashboard cameras to record arrests and traffic stops. Many police departments won't give copies of footage to defendants directly, but a Fresno criminal defense attorney can obtain footage and possibly use it to defend a client. Sometimes dash cam footage can exonerate defendants. It is important that you call a defense lawyer promptly so he or she can obtain this potentially valuable evidence.

You Can Request a DMV Hearing after a DUI Charge

The most common reason for driver's license suspension is arrest for DUI. If you're arrested and charged with DUI, your license is automatically suspended. However, you have the right to set a DMV hearing within 10 days of arrest to fight your license suspension. The services of a Fresno criminal defense law firm can be essential to a successful DMV hearing.

Drug Possession May Be Charged as Misdemeanor or Felony

Knowingly possessing a usable quantity of an illicit substance or a device used for ingesting it can get you charged with a controlled substance offense. Paraphernalia offenses are charged as misdemeanors, but possession of a controlled substance may be charged as a felony or misdemeanor. Your Fresno criminal defense attorney can help you obtain the most favorable outcome and sentence if you are charged with possession.

Proposition 36 Changes California's Three Strikes Law

With the passage of Proposition 36 in November 2012, nearly 4,000 three-strikes inmates in California my be eligible for resentencing hearings. Offenders whose "third strike" felony was relatively minor will have their best shot at resentencing since 1994, when the three strikes law went into effect. A skilled defense attorney will be the key to success under Proposition 36.

Fresno Criminal Attorney Urges You to Know Your Rights

If you plead guilty to a crime, there is basically no going back. You should never plead guilty unless you know every detail of the consequences you face. When you plead not guilty, you maximize your options. You can change your mind later and plead guilty if your Fresno criminal attorney advises you that taking a plea deal is in your best interests.

What the Fifth Amendment Means

The Fifth Amendment to the United States Constitution states that if you are accused of a crime, you are never required to furnish evidence against yourself. This is the basis of the "right to remain silent" that is read to those taken into police custody before interrogation. This is known as the Miranda warning and is absolutely critical to your getting the fairest possible trial, should one be necessary.

The Risk of Telling Your Side of Things

Most people are honest and law abiding, and they believe if they are arrested, they can clear things up by telling their side of things. This is an extremely dangerous action. There are countless opportunities for people who are perfectly innocent to be misunderstood and have their own words used against them. If you're arrested, never answer questions until your Fresno criminal defense lawyer arrives.

Those Accused Have Rights

Those accused of crimes or misdemeanors have rights, and part of your Fresno criminal defense lawyer's job is to help you preserve your rights. A successful defense requires that you not answer police questions without your lawyer present, and that you be absolutely honest with your lawyer. Don't be afraid to tell your lawyer anything. Any experienced defense lawyer has seen it all.

The Prosecution Has the Burden of Proof

When you're charged, it is the prosecution's burden to prove that you are guilty of what you're charged with. It is on them to prove guilt, and there are many places between arrest and trial deliberation where the charges may be dismissed. Be prepared to go to trial, but hire an experienced defense attorney who can determine what's in your best interests at every stage of the justice process.

Your Rights and Your Fresno Crime Lawyer

Drug charges can range from misdemeanor possession charges to drug manufacturing and vary in severity from misdemeanors all the way up to federal offenses. Contacting a Fresno crime attorney as soon as possible after an arrest is critical. Do not talk to arresting officers until your attorney is there with you. If evidence was seized unlawfully, it isn't admissible and the charges could be dismissed.

Proposition 36 and You

In November 2012, voters approved Proposition 36, which modifies California's "Three Strikes" law. The original law mandates sentences of 25 years to life for those convicted of three crimes. Before Prop 36, that third conviction could be on something as minor as shoplifting. With the passing of Proposition 36, the law was amended so that only a serious or violent third felony conviction would trigger the Three Strikes law.

Misdemeanor or Felony DUI

DUI may be charged as a misdemeanor or felony, depending on whether there was an accident with injuries or how many previous DUIs the arrestee has. Any decent Fresno crime lawyer will look at every aspect of the case, including whether the arresting officer had probable cause to pull you over and whether the breathalyzer was calibrated and used correctly. In some cases, DUI charges can be dismissed.

Computer Crimes

Computer crimes are a growing area of expertise for criminal lawyers. The penalties for computer related crimes like piracy can be severe, so it is critical that you contact a Fresno crime attorney as soon as possible after you've been charged with a cyber crime. Your attorney should have experience with cases involving spamming, identity theft, "phishing," and other types of computer crimes.

White Collar Crimes

Being accused of a white collar crime - even if there is no conviction - can ruin your reputation and career. White collar crimes may be charged as misdemeanors, felonies, and may even bring federal charges. Having an experienced Fresno defense lawyer on your side can make the difference between getting on with your life and having your career ruined. A good attorney can sometimes have evidence thrown out, get charges dismissed outright, or negotiate sentencing on your behalf if you're convicted.

DUI Attorney in Fresno Outlines the Legal Process for DUI

Unless you are stopped at a DUI checkpoint, the arresting law enforcement officer must have probable cause to pull you over. You may be subject to field sobriety tests and a breath test. If you are charged, you'll be taken to a police station. There you'll be formally charged and released or held until you can post bond. If you're kept in custody, your arraignment will take place within 72 hours. If you're not held in custody, you'll be told the date of your arraignment.

Your Arraignment

At the arraignment you are presented with the charges against you and will submit a plea. It is highly advisable that you contact a drunk drivinglawyer in Fresno prior to your arraignment. He or she may be able to appear on your behalf at your arraignment so that you don't have to miss work. If you don't show up for your arraignment, a bench warrant will be issued, and you will face more serious charges.

Pretrial Motions and Trial

If you hire a drunk driving lawyer in Fresno, he or she may submit motions for dismissal or other motions, and the prosecutor may offer a plea agreement. You need a lawyer to advise you about whether to take a plea agreement. If the case makes it to trial, your DUI attorney in Fresno will prepare a defense, and the judge will instruct the jury as to how to compare the evidence against the violations you're charged with.

Sentencing

If you are convicted on a misdemeanor DUI charge, you may not have to serve jail time. Your attorney can ask for alternative sentencing such as community service or probation. The top Fresno DUI lawyers make it their job to understand all the sentencing options available to you.

Hazards of Going through the Legal Process Alone

Without an experienced DUI lawyer, you could face penalties you could have avoided with solid legal counsel. Hiring a defense lawyer is the smartest choice for obtaining the best legal outcome and minimizing the disruption to your life that a DUI charge causes. Trying to do it alone almost always results in a less favorable outcome.

 

Facing a DUI without a DUI Attorney: Don't Risk It

A DUI charge in California has a criminal and a civil component. The criminal charges are dealt with in court, while the civil penalties are dealt with at the Department of Motor Vehicles. Your DMV case focuses on your driving privileges and penalties. Trying to successfully deal with the criminal and civil consequences of a DUI without a Fresno, CA DUI attorney is extremely risky.

Arrest Does Not Equal Conviction

Just because you have been arrested and charged with DUI does not mean you'll be convicted. With counsel from an experienced DUI attorney you may well be able to have criminal charges and civil penalties reduced or dismissed. While the court may appoint you a public defender for the criminal part of your case, you're much better off hiring a Fresno DUI lawyer who can assist you with both the court process and the DMV hearing.

DUI Defenses

DUI charges may be reduced or dismissed based on numerous defenses. For example:

• If the officer did not follow mandatory procedure, you may have been unlawfully arrested.
• The officer may not have had probable cause to pull you over.
• The breathalyzer test may have been administered improperly.
• The breathalyzer itself may have been improperly calibrated or not calibrated recently enough.

The DMV Hearing

You may request a DMV hearing within 10 days of your arrest. Without such a hearing, decisions about your driving privileges will be decided in your absence and usually involve suspension of your driver's license. If you request a hearing and work with an experienced Fresno, CA DUI attorney, you can usually maintain your license until the criminal part of your case is concluded.

Felony DUI charges result from accidents with bodily injury, having a previous felony DUI charge, or having three or more DUIs within 10 years. The term "bodily injury" is subject to wide discretion in California, so if you face a felony DUI, the importance of hiring competent legal counsel cannot be emphasized enough. A skilled attorney may be able to negotiate a plea bargain, have charges dismissed, or have charges reduced to a misdemeanor.

Why You Need a Fresno Criminal Defense Lawyer after a DUI Charge

Sometimes after a DUI charge, a person wants to plead guilty to put the whole thing in the past. This is short-sighted. A Fresno criminal defense lawyer can determine things like whether police had a reasonable suspicion for pulling you over and whether the stop was videotaped by the officer. Field sobriety tests may be improperly administered, and breathalyzers have to be calibrated carefully. Pleading guilty is rarely in your best interests.

You Should Know What to Expect at Every Stage

An experienced Fresnodrunk driving lawyer helps you know what to expect at every stage. Your first court date, the arraignment, is where you're presented with a copy of the complaint. After arraignment there may be a pre-trial conference for discussion of possible ways to settle the case. Your lawyer may submit motions challenging probable cause, asking for dismissal, or challenging the lawfulness of a DUI checkpoint. Often the case can be concluded without a trial.

All Alternatives Should Be Exhausted Before Trial

Did you know that in many cases, your Fresno drunk driving lawyer can appear in court on your behalf under a Penal Code Section 977 waiver? If you sign such a waiver in front of the judge, your attorney can appear on your behalf after that so you can avoid missing work to appear in court. An experienced DUI lawyer will exhaust every possibility before going to trial. You do not have to let a DUI ruin your career or your personal life.

If Convicted, You Need Representation for Sentencing

If you are ultimately convicted on a DUI charge, you may be eligible for alternative sentencing, such as an alternative work program, wearing an electronic monitor, performing community service, or attending alcohol treatment programs. Your DUI attorney's first priority is getting your case dismissed or reaching a "not guilty" verdict. But if you are convicted, you may still be able to avoid jail time.

A DUI is a serious charge and not to be taken lightly, but everyone is entitled to equal protection under the law. A Fresno DUI lawyer is committed to pursuing a fair and just outcome of your case.

 

Your Fresno Criminal Attorney: One of the Most Important Decisions You'll Make

When you're arrested you're taken to be processed at the county jail. There you will be asked your name and other personal information, and you will be searched. Your property will be taken and held for you until you are released. You'll be fingerprinted and photographed and held until your first appearance in front of a judge or until someone posts bond for you.

Felonies and Misdemeanors

Felonies are more serious than misdemeanors. Some crimes may be considered felonies or misdemeanors depending on severity and circumstances. A DUI is usually a misdemeanor unless someone is seriously injured or killed. Some felony charges may be reduced to misdemeanors and even if you plea to a felony it may be reduced to a misdemeanor at some point. Your Fresno criminal defense lawyer is critical to ensuring you are not charged improperly.

Consequences of a Conviction

A felony conviction carries more severe consequences than a misdemeanor conviction. If you're convicted of a felony, you'll generally spend more time in custody and have more restrictions placed on you after release. After release, you may not be allowed to vote or hold public office, and in some cases you may not be eligible to serve in the military. Your Fresno criminal attorney should spell out the consequences of a conviction in your specific case.

Honesty is the Key to a Successful Defense

If you're not honest with your Fresno criminal defense lawyer, you cannot expect the best defense in court. If you're caught in a lie in court, your lawyer will be unprepared and cannot defend you to the best of his or her ability. You will not shock your attorney with the details of your case. He or she relies on you to be honest so that you can get the best possible defense.

Regardless of Circumstances, You Have Rights

Even those who commit the most heinous of crimes have the right to a proper defense. Whether you've been arrested on a DUI charge or face other criminal charges, you need an experienced Fresno criminal lawyer on your side from the beginning to protect your rights and defend you adequately.

Your Fresno Criminal Defense Attorney and Your Future

If you are facing criminal charges, being honest with your Fresno criminal attorney is absolutely essential for your defense. Your attorney needs to know exactly what happened. If you lie to your attorney, you risk having that lie exposed in court, and that can be extremely detrimental. When your attorney knows the whole truth about your situation, he or she can defend your rights to the fullest.

Your Fresno Criminal Attorney Has Seen It All

Nobody remains a criminal defense attorney for long without having a thick skin. An experienced Fresno criminal defense lawyer has seen it all, and will probably not be shocked by the details of your case. Remember, your attorney is working on your behalf, and if he or she doesn't know the full and complete details of the situation, your rights and your freedom could be in serious jeopardy.

Misdemeanor Charges Are Important Too

Don't tell yourself that "It's just a misdemeanor." Just because you avoid jail time, you won't avoid having a criminal record, and that will affect your life negatively. If convicted, you will likely be sentenced to fines, community service, and / or probation. If you are arrested on misdemeanor charges, hiring a Fresno defense attorney at your first opportunity can help you minimize the impact of these charges on your future.

Innocent People Are Sometimes Convicted

It is a sad fact, but true. Sometimes innocent people are convicted, and in some cases evidence used to convict an innocent party is only obtained by violating that person's rights. You may not realize that your rights have been violated, and you could pay the price. If you face criminal charges, don't wait: you need to contact a Fresno criminal defense attorney at your first opportunity.

You Still Have Rights: Protect Them

Just because you have been charged with a misdemeanor or felony does not mean that you don't have any rights. By contacting a trusted Fresno criminal defense lawyer at your first opportunity you're helping ensure that your rights are protected and you help hold the government responsible for its own actions in the matter.