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February

27

Fresno Criminal Lawyer Discusses How Criminal Cases Work

Criminal Defense

The Mitchell Law Group handles all major areas of criminal defense, both in State and Federal Court. 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 charged, you may be wondering though, how do criminal cases work in California and what can I expect? Here are some steps the courts will follow.

December

30

New Changes for California Mental Health Diversion Statute Starting Jan 2023

Criminal Defense

California's Mental Health Diversion pretrial program has significant new changes starting January 2023 with Senate Bill 1223.

December

30

California Ends Loitering for Prostitution Law

Criminal Defense

Effective January 1, 2023, Senate Bill 357, the Safer Streets for All Act, went into effect eliminating from the law books the crime of loitering in a public place with the intent to commit prostitution in California. If you feel you have been unfairly profiled by a police officer with the intent to engage in prostitution in California, it is important to take into consideration Senate Bill 357 and review the circumstances involved.

November

29

Police Responding to a Domestic Violence Call - Why an Arrest is Often Mandatory in California

Criminal Defense

It is important to understand that California is a “mandatory arrest” state, which means law enforcement officials are required to make an arrest of the dominant aggressor if there is probable cause that any form of domestic violence occurred - whether or not a crime has actually been committed. Domestic violence cases are often complex and emotionally overwhelming, which is why having an experienced criminal defense attorney on your side can make a difference.

November

13

Domestic Violence Emergency Protective Orders and Form EPO-001

Criminal Defense

Emergency Protective Orders are the initial order given by law enforcement on the scene when there is a domestic violence incident. If you have been charged with domestic violence in California, please contact us at once for a free consultation. It is imperative to know and follow all boundaries of the orders that have been placed against you and all parties involved.

September

29

How to Get Your License Back if You Got a DUI in California and Live Out of State

Criminal Defense

Many of my client's are baffled by the complexities of the impact a DUI conviction can have on their out-of-state license. This article discusses the specifics regarding obtaining a DMV waiver of the DUI program requirement when you live in another State and can't complete the in state DUI program.

September

14

Mental Health Diversion Available Before Sentencing or Start of the Trial?

Criminal Defense

Mental health diversion is a pretrial program in California that diverts individuals from the criminal justice system into mental health treatment in lieu of facing a criminal trial or conviction. This is an alternative, created for individuals where mental health played a significant part in their alleged crime. However, is it available after the entry of a guilty/no contest plea or the commencement of trial?

July

30

New California Immigration Law PC 1473.7 Extended to Trial Convictions

Criminal Defense

New California law AB 1259 which extends PC 1473.3 to trial convictions, was effective as of January 1, 2022. This expands access to post-conviction relief. PC 1473.3 allows people who were convicted by plea bargain to request that the court vacate their conviction if they were not informed of the immigration consequences of their conviction. AB 1259 extends PC 1473.3 to additional defendants, including those convicted by jury trial.

June

29

California's New Law on Court Video Appearances in Criminal Cases AB-199

Criminal Defense

California enacted a new law effective July 1, 2022. This law addresses court video appearances in criminal matters AB 199. This bill extends the courts’ ability to allow defendants and witnesses in criminal proceedings to appear remotely under certain circumstances. AB 199 still requires the defendant’s consent, and the court still maintains the discretion to require the physical presence of any defendant or witness in a criminal proceeding.

June

12

AB 333: Redefining California Gang Enhancement with Changes in Definitions and Prosecution Process

Criminal Defense

AB 333 makes changes to current law that will reduce gang enhancements, and can possibly reduce the sentences of current inmates with gang enhancements. Amending Section 186.22 and adding Section 1109 to the Penal Code relating to criminal gangs, AB 333 makes several important changes to the law. Read more...

April

29

New Misdemeanor Diversion Law Doesn't Apply to California DUI's

Criminal Defense

New misdemeanor diversion law doesn't apply to California DUI's, it is found after confusion. Prosecutors argued instead that an existing state Vehicle Code provision forbids diversion for driving under the influence of alcohol or drugs. Regardless if it’s a DUI or any charge, if you have been charged with a misdemeanor and think you may be eligible for Diversion, please contact us at once for a free consultation.

April

19

DUI Lawyer

Criminal Defense

DUI Lawyer

April

09

Probation Violations - AB 1228 Helps Widen Post-Release Freedoms with Own Recognizance Release

Criminal Defense

Many newly released prisoners stay out of prison only at the whim of judges and probation officers. Individuals can lose their freedom on a technicality. However, AB 1228, a newly-enacted law, makes it harder to revoke their freedoms and take them back to prison.

February

27

3 New Mitigating Factors in Plea Bargaining for Survivors of Violence

Criminal Defense

Have you been charged or convicted with a crime, but are a survivor of violence? You may be eligible for a plea bargain or resentencing, that considers your status as a victim of violence. This violence can be psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.

February

11

Have You Been Subjected to Misconduct from a Police Officer or Police Gang?

Criminal Defense

Being subjected to misconduct from a Police Officer or Police Gang? Bill AB 958 states that it will define law enforcement gangs and officers, require law enforcement agencies to have a policy prohibiting law enforcement gangs, and make participation grounds for termination. Read more to find out how we can help if you have been subjected to misconduct.

December

30

Arson Charges Are Particularly Serious in California

Criminal Defense

Accused Of Arson? Arson charges are dependent on the accused perpetrator's intent. Did you mean to start a fire, or was it an accident? Did you intend to burn down a garage or an entire neighborhood? Did you intend to hurt anyone?

November

29

What to Do When You're Arrested for a DUI

Criminal Defense

An arrest for a DUI is a frightening and confusing experience, and most people lack knowledge about how to handle the situation. Everything you do and say matters, so it's essential to know your rights and be cognizant of your behavior and statements to the authorities. Read more for things you should be aware of.

November

15

Is a Warrant Always Needed for an Arrest?

Criminal Defense

There may be times when you're not sure whether the police have arrested you in a lawful way. Don't the police always need a warrant to make an arrest? Can they arrest you without one? You may not be sure about the answer, and it might help you to know whether the police followed due process while arresting you.

September

29

How a DUI Lawyer Can Help with California’s Tough Penalties for a DUI

Criminal Defense

In the State of California, the penalties for a DUI conviction are tough. If you are caught driving with a blood alcohol concentration of 0.08 percent or above or driving under the influence of alcohol or drugs, or both, to the point that your driving is significantly affected, you can be convicted of a DUI charge. How can a DUI lawyer help with California’s tough penalties for a DUI?

September

13

When Do You Need to Hire a Fresno DUI Attorney?

Criminal Defense

It is illegal to drive under the influence, which means that all Fresno DUI charges go to criminal court. While individuals have the right to represent themselves in court, most defendants in these cases will either have a court-appointed public defender or hire a private attorney to represent them.

July

30

3 Ways in Which Your Attorney Can Present Your DUI Defense

Criminal Defense

There are many ways in which an attorney can present a DUI defense, depending on the circumstances under which the person was arrested. Of course, there are many factors which determine whether a person will be convicted of driving under the influence. There are various things which the arresting officer will note in their report, and these may be used to determine whether the person was driving under the influence of alcohol. Read More...

June

29

What Ways Can a DUI Affect Your Life?

Criminal Defense

A DUI conviction can have far-reaching consequences that will affect virtually every aspect of your life, from your finances to your employment and even your personal relationships. Some of these effects are short-term, but others are long-term and potentially permanent. Read more to find out what ways a DUI affect your life.

June

07

Facing a DUI? Is It an Infraction, Misdemeanor or Felony?

Criminal Defense

If you have been arrested and charged with a DUI (driving under the influence), you could be facing different charges. You may be looking at a misdemeanor or a felony. Because of that, you should be asking yourself which one you are facing. They each have their own consequences, so it is important to know exactly what you are being charged with.

April

29

The Benefits of Having Your Record Expunged

Criminal Defense

One of the most important actions you can take is clearing up a prior criminal conviction. I would file this under the category of a “no brainer.” Why would you want a charge to be lingering out there as an excuse for denying you a job, denying you a rental, denying you a mortgage application, etc. Expunging a prior conviction is a smart, useful, and financially sound decision. Investing in yourself is the best investment you can make.

April

18

Got Bail? California Supremes Change Bail Dynamic with Humphrey Decision

Criminal Defense

The California Supreme Court, last month, upheld the Court of Appeal Decision in In Re Kenneth Humphrey. This is a game changer for the bail system in California. Now the court can consider a defendant’s ability to pay the bail in deciding what the bail should be, or if alternatives to incarceration can be arranged.

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