Wednesday, December 12, 2012

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.