categories

Criminal

April
26
A question I’m often asked is, whether a person can possess a firearm if they have been convicted of a felony? The answer is not as straightforward as you might think, since we're faced with both California and Federal Law on the issue.
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March
15
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.
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February
01
California's Mental Health Diversion pretrial program has significant new changes starting January 2023 with Senate Bill 1223.
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January
17
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.
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December
14
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.
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November
16
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. 
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September
14
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?
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August
17
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.
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July
20
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.
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June
15
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...
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May
16
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.
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April
12
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.
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March
15
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.
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February
14
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.
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January
10
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?
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November
18
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.
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May
12
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.
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April
21
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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April
07
Finally, defendants are getting some financial relief when it comes to the burden of onerous court fees. Starting July 1, 2021, administrative fees for criminal court proceedings will be no longer be charged in California. If you are a Fresno resident with questions about fees imposed in a criminal proceeding, contact us for more information on this new law.
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March
10
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.
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February
24
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.
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February
10
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.
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January
13
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.
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November
11
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.
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October
28
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.
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Mitchell Law Group, Inc.
334 W. Shaw Avenue, Suite A Fresno, CA 93704
Phone: 559-222-2424

Fresno Criminal and DUI Attorney
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.  Testimonials displayed on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter

Michael E. Mitchell, at the Mitchell Law Group, Inc., is one of the top DUI defense attorneys in Fresno, California. He has over a decade of experience handling DUI cases throughout the Central Valley, including in Clovis, Madera, Tulare, Visalia. He is a certified field sobriety instructor and practitioner under the standards of the National Highway Traffic Safety Administration (NHTSA) and is a member of the California DUI Lawyers Association. His advice and knowledge is, routinely, sought after by other attorneys practicing in the area of DUI defense. He is an expert in the area of DUI defense in both Federal, State, and on the Appellate level. If you're looking for the best DUI Lawyer in Fresno to handle your case, give us a call today to see how we can put our knowledge to work for you.