The COVID-19 pandemic has changed our lives radically; business closures, social distancing, and public health measures have all created a new normal for society. At Mitchell Law Group, we understand that going through criminal prosecution is already difficult on its own, let alone during a global health crisis. We've adapted our approach to ensure you still get the defense you need while staying safe, and we've compiled a list of tips so you can do so as well.
Most new laws in California go into effect on January 1st following the year they were enacted. However, AB12, an expansion on gun violence restraining orders, goes into effect on September 1, 2020. This mid-year activation may catch those tasked with enforcing the new law by surprise, and may catch those who are the targets of such a law even more by surprise.
Everyone argues. Tensions continue to rise when we cannot separate from each other to cool down and, sometimes, people continue to fight until the situation becomes volatile. It has become common knowledge that domestic assaults have increased in number due to current world events.
One of the things that we’ve noticed materialize due the pandemic is an increase in DUI cases. That’s interesting, since for the last couple of months people were supposed to be staying at home. However, it also makes sense since ride share companies had, temporarily, discontinued services. If you are being charged with a DUI, you run the risk of severe penalties such as loss of license, hefty fines, and even jail time. It is paramount that you entrust a reputable attorney to defend your rights.
One of the most common questions I get, besides, they didn't read me my rights, is whether the police have to give you a phone call. The following is my public service announcement regarding this oft-requested information.
All nonessential businesses should be closed while banks and restaurants maintain their take-out and drive-thru operations. If you have been stopped and accused of nonessential travel when you had the right to be out of your home, a practiced and aggressive lawyer should be fighting by your side.
For most people getting arrested is not a common occurrence. What you've seen in the movies or television is likely all you have to base your expectations on. Rarely is Hollywood's portrayal of something a true-to-life depiction. So, what can you expect when you are arrested in the state of California?
If you live in California and own a gun, it is critical that you know CA Senate Bill 23, for both your safety and others. Effective since January 1, 2000, CA Senate Bill 23 established new criteria to define assault weapons. Penal Code Section 12276.1 defines an assault weapon as any weapon that exhibit any of following...
Many US veterans have received unfair treatment by the California judicial system and found that the judge did not take into consideration their mental capacity during sentencing. As of January 1st, 2015, California judges are required to consider the trauma and mental health issues of US veterans while sentencing them. Those who did not receive fair and ethical treatment during their sentencing may qualify for resentencing under California Penal Code 1170.91. To be eligible, a qualified veteran must fit specific criteria.
Recently enacted, The Mental Health Diversion Law (PC 1001.36) allows for alternative sentencing and treatment under special circumstances. A written motion submitted by a well-qualified attorney is routinely opposed by the prosecution. Thus, when considering defense options in a misdemeanor or felony case, it is critical to use the expertise of a Lawyer.
When you are charged with a DUI, you will have to work closely with a lawyer to set up your DUI defense. It's very important to make a good impression in court if you want to be acquitted of the charges or get a reduced sentence. In order to do this, you'll have to make sure that you come across as a productive member of society in front of the judge who is making the decision. Here are a few tips to help you make a good impression in court.
What can make the difference in the outcome of your case is an experienced and effective legal attorney. Working with the Mitchell Law Group, you'll have expert representation in drunk driving cases.
The Mitchell Law Group handles all major areas of criminal defense, both at the State and Federal level, including the appellate level. If you're faced with a serious felony or misdemeanor charge, and you're concerned about the impact on your life and livelihood, our Fresno Criminal Defense Lawyers will provide the dedicated defense you need to see you through his difficult period in your life.
If you have been arrested for any type of crime in Fresno, you should know a little bit about the law so that you can put up a good defense. Of course, your Fresno criminal lawyer will be there to help you through the process. But it also helps if you know a few pertinent things that will help you. One very important thing you should keep in mind is whether you have been Mirandized or not. Did the police read you your Miranda rights?
Fresno County law enforcement personnel have teamed up with several local and federal agencies such as Homeland Security to conduct a sweep of local towns in an effort to crackdown on crime and help citizens feel safer within their communities. The effort was coined "Operation Goldstar" and took 5 weeks' to plan and prepare for according to one undercover officer. The goal was to issue citations and tickets in addition to towing cars.
California's drunk driving laws have already undergone some changes this year, and more are expected. What are these laws, how might they affect your DUI case, and what can be done to mitigate the consequences? Continue reading to learn more.
When working with a criminal defense attorney it's very important to be completely honest with them. Even if you are guilty of the crime, it's best to tell your criminal attorney everything about it. This is because your attorney is bound by client confidentiality laws. They can't tell anyone what you've told them in confidence. And if the attorney understands everything about your case, they can come up with a better defense for you.
According to the Centers for Disease Control (CDC), 1.8% of California drivers admit to operating a motor vehicle while intoxicated. While that percentage may seem small when you calculate the number of registered drivers, throughout the state, that 1.8% comes out to more than 450,000 people a year. Driving under the influence (DUI) is no joke and Fresno, California takes the offense very seriously.
When someone is arrested for a crime, they may not be able to think clearly in that moment. Most people are in a state of distress at this time. They're upset about being arrested and about the effect this is going to have on their lives and their loved ones. So, they may not necessarily remember that it's best to speak only in the presence of their lawyers. However, this is one thing that everyone should keep in mind when they are arrested for a crime.
Have you recently been charged with a DUI? Are you being charged with a second or Third DUI offense? A DUI offense is a serious charge that needs quality legal assistance to challenge the narrative of the arresting officer and fight for your rights at DMV and in the courts. Michael Mitchell is a criminal defense attorney, certified field sobriety practitioner and instructor, and has a ridiculously strong track record in the area of DUI defense. He can help you mount a strong legal defense against a DUI.
One of the most frequent charges we see is hit and run driving. Vehicle Code section 20002 covers the situation where there was just property damage. This still falls under the umbrella of being a misdemeanor offense and can carry a stiff penalty of up to 180 days and jail. Read more for tips to avoid being charged with hit and run offenses.
Being without a license can have repercussions that affect nearly every aspect of your life - from being able to get back and forth to work and taking your kids to school, to other everyday activities like getting groceries and making it to the doctor's office. Under California law, you are entitled to a DMV hearing where you can contest or fight the suspension of your license But you have to act quickly - you must request your hearing within 10 days of your arrest.
When most people think of arson, they think about someone burning down someone else’s property. However, there are a variety of arson offenses and, corresponding, penal codes.
California is best known for its tourist traps, sandy beaches, and vibrant night scene. Yet, tourists and locals alike have expressed irritation over the "early" closing hours of the state's bars and nightclubs. In response to their outcries, state legislators are once again considering a bill that would allow establishments to stay open until 4 AM.
Officers are aggressively serving and arresting defendants for bench warrants and jail warrants (for not doing required community service). They can show up to your home or place of work. Sometimes its also at a very inconvenient time, like right before Thanksgiving or Christmas. Instead of cozying up next to the fireplace, you could be cozying up next to your new cellmate. So, how can outstanding warrants happen?