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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.

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

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

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.

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.

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

04

Slashing Criminal Court Fees in California

Criminal Defense

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.

February

21

New Extensive Expungement for California Inmate Firefighters

Criminal Defense

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.

November

29

Some Important New California Criminal Laws for 2021

Criminal Defense

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.

November

08

3 Things to Look for in a Fresno Criminal Lawyer

Criminal 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.

June

29

Contact a Top-Notch Criminal Lawyer to Combat False Child Abuse Claims

Criminal Defense

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.

June

07

Mid-Year New Laws Heads-Up

Criminal Defense

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.

February

28

Veteran’s May Recall Their Sentences if Veteran Diversion was Not Considered

Criminal Defense

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.

February

28

What to Expect When You’re Arrested

Criminal Defense

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?

February

16

Defend Your Rights: California Mental Health Diversion Law Requires Expert Help

Criminal Defense

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.

November

29

Discuss Whether You Were Mirandized with Your Fresno Criminal Lawyer

Criminal Defense

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?

November

29

Operation Goldstar Set for Quarterly Activation in Fresno County

Criminal Defense

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.

September

29

Don't Say Anything Without Your Fresno Criminal Lawyer Present

Criminal Defense

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.

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criminal law