Thursday, November 8, 2018

New Location

The work of fighting for people charged with a crime is rewarding and challenging. There is no better feeling than hearing a verdict of Not Guilty. I have been busy working diligently to fight for clients. I have neglected to update this site with new information.

I also have a new web site. You can see the newer site at Madera Criminal Law. I will start adding posts that are specific to Madera at this site again. 

Monday, November 7, 2011

Verdict in Michael Jackson Trial

Michael Jackson's former doctor, Conrad Murray is on trial for negligent homicide for his treatment of Michael Jackson.

The jury began deliberating on Friday, November 4, 2011. Today on their second day of deliberating they have announced that have reached a verdict. The judge has alloted for a two hour time period for Dr. Murray and his defense team as well as anyone who wants to be present while the verdict is read. 

If the verdict is returned finding Dr. Murray guilty then he will face up to 11 years in prison. Involuntary manslaughter is defined in California Penal Code 192. The relevant language says Involuntary Manslaughter is in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. 

For more information about criminal law and sentences visit Fresno Felony Lawyer

Wednesday, September 28, 2011

Criminal defense lawyers and probation



Excellent criminal lawyers could make a big difference

Today I had been in the court with a few clients. The very first situation went smooth since the client tried everything he was supposed. The customer ultimate got no jail time, no drug program and just 2 yrs of probation for having a controlled substance.

The 2nd situation was a bit more difficult since the district attorney desired to fight over my request to carry on the situation to ensure that I possibly could acquire some court public records in the client's previous cases. The customer had plead to criminal offence petty thievery having a prior.

What the law states in California has transformed this season. Previously individuals who were built with a single thievery offense previously might be billed having a criminal offence when they acquired a brand new thievery charge. California transformed what the law states to ensure that only those who have had three prior misdemeanor thievery charges could be billed having a criminal offence if the need for the offense is under $900.

District attorney was attempting to bullying the customer into using the deal

It's not uncommon, but many people might be surprised to understand that some prosecutors make use of a tactic could be indicated as bullying or extortion. The actual way it works may be the district attorney either recognizes that he's going to lose a witness or does not wish to accomplish the required work.

To prevent carrying it out they'll pressure the defendant into going for a deal. They'll say such things as 'here may be the offer if he does not go at this time, the sale increases.A That forces the customer to come to a decision, in my opinion it always leaves the customer second speculating their decision and so i avoid individuals situations.

The customer today had recognized an offer under individuals conditions with another lawyer, he then hired me and that i filed a motion to carry on the situation. This specific judge can be challenging to I filed an itemized motion to carry on well in advanced from the hearing. I had been confident which i would have the ability to continue the situation.

I wound up needing to argue for the opportunity to continue the situation. I reported certain instances and also the relevant law, ultimately I had been permitted to carry on the situation. When I walked from the court docket with my client he earned the remark 'you do understand what your doing huh.' I simply grinned and stored walking.

Madera has some good criminal lawyers

Previously I've guaranteed to talk about what they are called of Fresno criminal lawyers who've past delivering achievement for his or her clients. An excellent illustration of a great local attorney is Mike Aed.

Mike Aed cut his teeth in the public defender's office handling 1000's of cases through the years. Lots of lawyers begin in the public defender's office however not every one of them go onto become first class criminal lawyers. Mike Aed is among the lawyers which has done that.

Myself and most of the experienced Fresno area criminal lawyers began to actually notice Mike Aed four years back. Mr. Aed have been designated a couple of very hard cases using the public defender's office. Despite huge situation load and limited assets Mr. Aed acquired a few Not-Guilty decisions and that he hung a couple of tests that simply might have ended having a conviction.

Mr. Aed left the general public defender's office a couple of years ago and that he hasn't looked back. Since departing the general public defender's office he's ongoing to acquire achievement for his clients, the only real difference now's that rather than playing the general public defender lottery and wishing that Mr. Aed is designated for your situation you are able to hire him yourself. You are able to contact Mike Aed's office by going to his website at Legal Aed.


Among the problems that emerged in the court today was an individual who had been given probation in Fresno County but he lives in Riverside County. A legal court battled just a little with the easiest method to make certain it's sentence and orders could be complied within another county.

The county government may be the foundation for those government within the U . s . States and therefore it's the county probation department that's accountable for monitoring those who have been sentenced to probation. You will find other styles of government for example metropolitan areas, states and the us government, however 99 % of individuals on probation are supervised through the county probation department.

If an individual really wants to move in one county to a different county while they're on probation they need to have probation transfered towards the new county. This part is essential, no matter what you need to do, don't move in one county to a different til you have permission out of your probation officer.

There's a process that probationers are required to follow if they would like to proceed to another county

California Penal Code Section 1203.9 provides that an individual who really wants to transfer probation in one county to a different can develop a form or request their probation officer develop a form that's delivered to the 'new county'.

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The brand new county looks at the request transfer after which responds having a decision either to accept the probationer or reject the transfer. What the law states doesn't need the brand new county to simply accept every transfer.

Reciprocity implies that two areas possess a pre

When the county you need to proceed to doesn't have a contract using the county you reside in, it's not as simple to maneuver. It doesn't imply that you can't move it simply implies that it will become more hard to transfer probation.

The very first factor to complete would be to inform your probation officer you want to maneuver to a different county. You ought to be ready to explain precisely why you need to proceed to the brand new county. For instance, have you got a job arranged? Have you got a better support system within the new county? Largest for the move you need to have the ability to explain why you need to move.


Saturday, September 10, 2011

Got a speeding ticket?

Speeding tickets are expensive
traffic ticket
Speeding Ticket
So you are driving down Hwy 99 through Central California. The trip has been fairly smooth so far but the last stop for food took longer than you expected. Your going to have to make up the time by going a little faster. 


That works fine for a few miles but as you come into the city of Madera a California Highway Patrol officer pulls in behind you. You feel it in the pit of your stomach when you see the red light on the passenger side dashboard of the cruiser. 

You pull over to the side of the road. Your mind starts racing, how fast were you  going? How much is this going to cost? Is my registration in the glove box, is the insurance in there too? You might be thinking that you can talk your way out of this. 

Traffic tickets can be fixed
Traffic tickets can be expensive because not only do you have to pay the fine for speeding but your insurance rates will go up for a few years. By the time your insurance rates return to normal you could spend thousands of dollars.

Additionally in the case described above there is travel expenses and time off work to go to court. Of course it can all be avoided by driving within the speed limit in most cases. 

The other thing you can do is be nice to the officer. This is so important that I am going to say it again. Attitude is important if you are rude and disrespectful it will come back to haunt you.

Officers write notes about the specifics of each case so they can remember later. If you yell at them or argue with the officer he will make a note about it. 

Your word against the officers
Most of the time traffic cases are a matter of your word against the officer's word. Usually there will be no uninterested witnesses. You may have passengers in the car that can testify on your behalf but the judge who hears the evidence is going to consider the relationship between you and your witnesses. 

This puts you at a disadvantage and it means that it is much better to negotiate a resolution than it is to have a hearing. I will describe the process of negotiating a speeding ticket however it is best to hire a Madera criminal defense lawyer to handle the case for you. 

Offer to plea to a charge that does not affect your license
When I handle a speeding ticket for a client the first thing I do is send a discovery request. A discovery request allows me to request the RADAR calibration records, a highway speed study, and the bi-yearly RADAR certification records. 

When I show up to the court I will get there early and find the officer who wrote the ticket. If the officer does not show up the ticket will be dismissed in most cases. 

If the officer does show up I ask him or her to step outside the courtroom so we can discuss the case. Once outside I will ask the officer if we can settle the case for a single count of coasting. (Vehicle Code 21710)  There is little motivation for the officer to agree to a settlement. 


If your case is the only case the officer has on calendar today then settling the case may mean that the officer can leave court much earlier, that is one reason for settling the case. Generally I will provide another reason for the officer to agree to settling the case. For example a recent client of mine had just graduated from nursing school and was looking for a job as a nurse.


I explained to the officer that she was struggling to find a job and could not afford to pay more for insurance and I went on to explain that she worked full time while she was in school and deserves a break. 


Hire a criminal defense lawyer
There are many advantages to hiring a Madera criminal defense lawyer. First of all you do not have to travel back to Madera from wherever you live. If you live in Los Angeles or the Bay Area you can save hundreds of dollars just because you do not have to travel back to Madera to go to court. 


Of course in addition to saving money on travel you will save money because you do not have to take time off work. For most people this will save a couple of hundred dollars particularly when you consider that it will be a minimum of two court appearances or two days off of work. 


A defense attorney is more likely to obtain a favorable settlement because he is experienced with negotiation and the officer knows that he will face a lawyer during the hearing instead of a regular citizen. 


I practice criminal defense law so most of the time I go up against a deputy district attorney who has gone to law school, passed the bar and has a lot of experience in court. When I go into traffic court I always have an unfair advantage over the officer because he does not know the laws of evidence like I do and he doesn't have the thousands of hours in the courtroom like I do.


If you do not have a criminal defense lawyer then you will be at a disadvantage. Even when you try to negotiate a settlement you are at a disadvantage because the officer knows that if he does not agree to the settlement then all he has to do is present his evidence and he is probably going to win because you will not know how to keep some stuff out or how to get some evidence in that could help your case. 


Speeding tickets are perfect for hiring a lawyer
In a strange twist of reality one of the best times to hire a criminal defense attorney is when you have a speeding ticket. You would think that the most important time to hire an attorney would be when your facing a felony or a murder charge. (Murder is a type of felony but carries a potential life sentence) 


The reason it makes sense to hire an attorney for a speeding ticket is because attorneys do not charge that much for handling speeding tickets. I usually charge about $1,000 to handle a speeding ticket, sometimes I charge less. It just depends on the circumstances of the ticket and how far I have to drive to get to court. 


I have represented a number of people charged with murder. The lowest fee that I will accept for a murder case is $50,000 and that is rock bottom. A person charged with murder can get a public defender for free. The public defenders that are assigned to homicide cases are the most experienced and qualified attorneys in the public defender's office. (Most of my experience with homicide cases came from my years representing indigent clients just like a public defender) People charged with murder can get a free attorney that is very capable of representing them.


Speeding tickets that are charged as infractions do not qualify for a public defender so you will have to represent yourself or hire a lawyer. When you consider that every speeding ticket has the potential of costing you thousands of dollars it makes sense to hire a criminal defense lawyer.


Call around and hire a local lawyer
It is easy to hire a criminal defense attorney over the phone. All you have to do is go online and do a search for a lawyer in the city that you received the ticket in. Then call some criminal defense lawyers and discuss your case and hiring them to represent you. 


In most cases the lawyer will ask you to fax a copy of the ticket and he will send you a representation contract for you to sign and fax back. Then make arrangements to pay his fee either by credit card or Paypal. He will go to court for you and let you know what happened in court. It is fairly easy to hire a lawyer over the phone, it is much easier than actually going to court yourself. 


If you are going to hire a lawyer to represent you in traffic court make sure you allow the lawyer plenty of time to send the discovery request to the law enforcement agency. Usually that takes a couple of weeks.