California_Penal_Code_1170.91

Unemployment benefits skyrocketed as soon as the coronavirus made itself known. Many states, including California, are finding out that they gave out millions of dollars in benefits that they have now decided to revoke. Some authorities in California are saying that mass unemployment fraud has been committed.

Those who have felony convictions know all too well just how life-altering that conviction can be. The negative impacts of a felony record are far-reaching. However, there is hope for some California felons to have convictions expunged. Thanks to a new law, AB 2147, inmates who put their lives on the line as part of the California prisoner wildfire fighter program are now eligible for a dramatic expungement that has a far-reaching impact.

Are you facing criminal charges that could attract a hefty fine or imprisonment? A competent criminal lawyer can help to mitigate or negate the charges you are facing. Experienced Defense Lawyers understand that no criminal case is like another; they spot unique aspects of your case and use tactics to safeguard your rights and interests. Read more to find out how.

There's some good news for many Californians facing criminal misdemeanor charges. As of January 1, 2021, Assembly Bill 3234 is now an active law. A primary provision in this bill means California judges can now offer a pretrial diversion in a qualifying misdemeanor case even when the prosecuting attorney objects to the offering. This can be a great tool for experienced lawyers to help clients avoid criminal convictions.

With the start of the new year, we have some important new criminal laws going into effect in the Golden State. Read more to find out what laws these include.

There are many things that a DUI attorney can use in order to present your DUI defense—things that you may not know can be used in a court of law. This is the reason why it is best to seek out a knowledgeable DUI defense attorney before you go to court. Read more to find out some of the things that a DUI attorney might use in your defense.

If you've been accused of a crime, one of the most important things to do is to find a good criminal defense lawyer to represent you. Sometimes it can be hard to know how to choose the right one for your case, particularly when time is of the essence. Below are three things to look for in your legal representative.

We have all seen the videos and heard the recordings of people who were caught saying or doing something the public sees as racist. Many of these individuals are not only shamed and embarrassed, but they can lose their careers and personal relationships based upon their behavior. But what happens if someone accuses you of a crime that you didn't commit because of their racial biases? What if there is no video to prove your innocence? If you’ve been accused of a crime in this area, you speak to an experienced criminal lawyer who can help you sort out the truth.

Michael E. Mitchell is an excellent attorney with proven results. He works tirelessly for his California Community. Contact us, immediately, if you have been wrongfully accused of any crime, and we will build a plan to clear your name and protect your children. Your initial consultation is free and without obligation. Come in and witness our dedication for yourselves.

Recently, California courts extended, in certain cases, the time frame to hold preliminary hearings in March of 2020. However, preliminary hearing time frames were, often violated, due to unilateral extensions. A California Court of Appeal (First App. District, Division 5), ruled the “speedy” preliminary hearing right of a Defendant in a human trafficking case were violated when the Contra Cost County Court did not hear his preliminary hearing within the 10 day period as required by law. For those lawyers looking for the citation, the case is Dejuan Bullock v. Superior Court of Contra Costa County (2020) 51 Cal.App.5th 134.

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.