Fresno Criminal Defense Attorney

Recent Posts in Fresno Criminal Defense Attorney Category

  • What Is the Burden of Proof?

    Bearing the Burden The U.S. judicial system relies on strict procedures to ensure justness and fairness. There are legal standards that must be met before a judgment can be made. These standards are particularly important to criminal defendants. Criminal defendants are presumed innocent until their guilt is proven. In criminal cases, you must present sufficient evidence to establish that a fact is ...
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  • Who Can Get a Public Defender?

    The Right to Representation Criminal defendants in the U.S. have a right to counsel . This means they have a right to attorney representation when facing criminal charges. Public defenders can also be appointed in juvenile cases as well as some family law matters. The right to representation is a valuable one. Our legal system is difficult to understand and isn’t always intuitive. An attorney is ...
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  • Why an Attorney Should Be Your First Call After an Arrest

    The Phone Call Most people don’t know what to do when they’ve been arrested. Being handcuffed and booked into jail is a demeaning experience, in the midst of which you may not be able to think clearly about how to protect yourself. For this reason, the first thing you should do after an arrest is to contact an attorney. An attorney can do many things for you before you even appear in court . Most ...
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  • The Differences Between a Public Defender and Private Attorney

    One of the most well-known rights of criminal defendants is the right to an attorney . This right is protected under the Sixth Amendment and is one of the most important rights criminal defendants have. A criminal defendant has the right to seek legal counsel in most criminal cases. Here is where the right is less understood. Some people think that because you have a right to an attorney, the ...
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  • Suppressing Evidence in Criminal Trials

    Trial Procedure The use of evidence in criminal trials is heavily regulated. We all enjoy the right to freedom from unreasonable search and seizure under the Fourth Amendment. This is a very important right to have, especially in a criminal trial. In a criminal trial, the prosecutor bears the burden of producing evidence sufficient to convict the defendant. Without that evidence, the case could be ...
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  • Should Your Represent Yourself In Criminal Court? Faretta v. California (1975) 422 U.S. 806).

    Should You Represent Yourself In Criminal Court? The 6 th Amendment of the United States Constitution guarantees that all persons accused of criminal acts have the right to the assistance of counsel. The Courts have interpreted this guarantee to include the right of the accused to represent themselves at trial ( Faretta v. California (1975) 422 U.S. 806). Despite non-attorneys' limited ...
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  • Probable Cause and Encounters With The Police

    All arrests begin with an encounter with law enforcement, but not all encounters with Law enforcement should end in an arrest without initial probable cause. In a recently decided California Appellate Case [People v. Linn (1 st App.Dist. Div.Two 2015) A145052] the Court examined the question as to whether a voluntary encounter with law enforcement rises to the level of a detention. The Fourth ...
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  • Are You a Central California Accountant Accused of Fraud? Your Whole Career May Be on the Line

    As a professional accountant, you worked long and hard to obtain your CPA degree and other credentials, and you believe passionately in providing excellent service to your clients. However, you were in the wrong place at the wrong time, or you got in with the wrong people or somehow got unfairly accused of wrongdoing. You now face a felony accounting charge, which could lead to MANDATORY PRISON ...
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  • Best way to beat a DUI

    What is the best way to beat a DUI case? Most Visalia and Fresno criminal defense lawyers talk about ways of challenging a DUI or Driving Under the Influence case by talking about breath test, blood test, driving patterns, or field sobriety test. But the best way to beat a DUI charge is by showing reasonable doubt that you were the one driving. Most cases driving is not an issue; however, in a ...
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  • Should I represent myself in court?

    At your arraignment the judge will ask you how you plead (guilty, not guilty, or no contest) and if you have an attorney or need the court appoint you a lawyer (if you can’t afford one) or represent yourself. You have the right to represent yourself. However, this in not usually advisable. If you represent yourself you may not know all viable potential legal defenses or how to present them. You ...
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  • California Supreme Court Ruling

    The California Supreme Court rules that California’s medical Marijuana and the compassionate use act does not prevent local city an municipal governments from regulating or prohibiting “collectives” from operation within their jurisdictions. Using zoning laws business that are considered nuisances can be excluded from operation by local ordinance. The ruling does not limit or affect patients ...
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  • Drug crimes in Fresno and Visalia California

    California Health and Safety Code 11350 HS, possession of a controlled substance HS 11350 Covers all narcotics that are possessed without a lawful prescription. It includes drugs including Vicodin and Codeine as well as heroin ecstasy and GHB. The maximum punishment for possession of these drugs is 3 years in state prison. However, most first time offenders will qualify for a drug program like PC ...
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  • Felony Child Abuse PC 273a(a)

    Felony Child Abuse, PC 273a(a) California makes it a crime to intentionally injure a child, or to put a child in a situation where it is likely that great bodily harm or death will result. Penal Code Section 273a(a) You can be charged with Felony child abuse if you do any of the following. You willfully inflicted unjustifiable physical pain or mental suffering on a child; or, You caused or ...
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  • What are Wobbler Crimes

    What are Wobbler Crimes A wobbler is the name given to certain types of crimes which can either be charged as a felony or a misdemeanor. For example, the illegal possession of a controlled substance in violation of penal code section 11377 is an example of a wobbler. A crime which is charged as a misdemeanor carries a max county jail time of 1 year. In contrast, the minimum confinement time for a ...
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  • Getting a fresh start - Expunge your record

    Expunging your Criminal Record Attorneys from the Law office of Christopher Martens can help you get an expungment of your case for convictions in Kern County, Kings County, Tulare County, or Fresno County. This includes courts in Hanford, Visalia, Bakersfield, Fresno courts. Why would you want an expungment? An expungment of your record is in the simplest terms a second chance at a clean record. ...
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  • How Can I find out information about my Fresno Court case?

    How Can I find out information about my Fresno Court case? The easiest way is to contact an attorney that is familiar with the Fresno Superior Court. A phone call from an Attorney to the Fresno County Court or Fresno County District Attorney’s office can go a long ways to determining what is happening with your case. You can also call the Fresno Superior Court yourself at (559) 457-2000 The Fresno ...
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  • What is Kidnapping?

    What is Kidnapping? If you are charged with Kidnaping the Fresno Defense Lawyer can help you fight the charges, here is what you need to know. Kidnaping is using fear or force to move someone a “substantial distance” without their consent. The movement must be more than a slight or trivial distance. Kidnapping PC 207(a) Penal Code 207(a) The People must prove beyond a reasonable doubt that: The ...
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