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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.

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

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.

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.

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.

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?

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.

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...

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.

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.

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?

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?

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...

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.