Friday, March 15, 2013

What is an arraignment?

You or someone you care about has been charged with a crime, what should you expect at the initial hearing?

Being charged with a crime is a frightening ordeal that is foreign to most people. Life and liberty are at stake, in most cases it is made worse by the fact that nobody tells you what to expect. The first hearing in a criminal case in California is the Arraignment Hearing.

Arraignment Is An Important Stage of Every Prosecution

As a criminal defense attorney with years of experience I find that many defense attorneys treat arraignments as primarily a clerical event that has little or no effect on the final outcome of a case. However that is not entirely true. Criminal prosecutions in California begin with the filing of a complaint with the Superior Court by the District Attorney.

The complaint includes the charges the People must prove and any enhancements or special allegations. The complaint must be specific enough to allow the defense to prepare a defense against the charges. The dates alleged must be specific and the names of the defendants must be included on the complaint. 

A skilled defense attorney will review the complaint and determine if a demurrer should be entered. Demur means to object. In law school I was taught that a demurrer should be entered if you can say 'even if everything in the complaint was true, a crime still was not committed.'  Demurrers are rare but the defense attorney should read the complaint and rule out whether a demurrer is appropriate or not.

If a demurrer is not made then a plea will be entered. Before the plea is entered the defendant is entitled to have the charges and rights read out loud. In practice however the defendant usually waives formal reading of the charges and the rights, instead simply acknowledging the complaint and waiving the reading of constitutional and statutory rights. 

Not Guilty Plea

Regardless of whether a person is guilty or not, the initial plea is almost always 'Not Guilty.' A not guilty plea is entered because it allows for a review of possible defenses, discussion of sentences and consideration of potential outcomes. Then of course another reason someone would enter a plea of not guilty is because they are not guilty. 

Depending on whether the allegations are felonies or misdemeanors and depending on whether a person is in custody or out of custody certain speedy trial rights determine the next hearing. 

O.R. Request and Bail Hearings

At the same time a defendant is arraigned, the issue of custody status often comes up. If a defendant is in custody in California the defendant frequently asks to be released from custody. In 2009 California enacted some laws that requires that victims be given notice of bail hearings, therefore bail hearings are usually set for another day.

Once a judge rules on a bail request or a request to be released on 'Own Recognizance' (O.R.), the issue cannot be raised again unless there has been a change in circumstances. This means that a request to reduce bail or be released on O.R. should not be made unless it can be made thoroughly. The defense attorney should meet with the client and write a motion that includes all the arguments in favor of release or reduced bail. 



Friday, March 1, 2013

Do You Really Need To Hire a Lawyer

Is It Necessary To Spend Thousands of Dollars on a Criminal Defense Lawyer

Thousands of people are charged with crimes every year across the country. In Fresno County alone there are thousands of cases filed a month again people by the Fresno County District Attorney's office. That does not include the Assistant United States Attorneys filing federal charges every month. 

The stakes are high when criminal charges are involved. Punishment in criminal matters range from fines to the death penalty with years of prison and financial ruin in between. There is no doubt that criminal cases can be scary, even a relatively minor drunk driving offense can be punished by jail time and fines totaling more than $3,000.

Criminal Defense Lawyers Are Not Cheap

Criminal charges can be scary because the punishment can be severe and most people are unfamiliar with the system. Many people hire a criminal defense lawyer to help them or their loved one face criminal charges. Unfortunately, criminal defense lawyers charge several thousands of dollars for most cases. I charge people different amounts depending on the complexity of the case and several other factors.

The most important factor I consider when quoting fees to a potential client is the maximum exposure the person is facing. For example, if a person is charged in a federal matter that carries 20 years to life in prison then I would begin my fees around $20,000. That is just a starting point because I would have to consider other factors before I would agree to take the case for that amount. 

Another factor that I consider in setting fees is the location of the court where I will have to appear. If I have to travel out of Fresno County then I generally add in the estimated travel expenses as well as the estimated fees that I will have to pay other attorneys to appear for me when I am out of Fresno County.

The equation gets more complicated from here because it is at this stage in the process that I have to consider the client's criminal history, the potential issues that the specific cases includes and the judge that will be hearing the case as well as the Deputy District Attorney that will be prosecuting the case. All these issues factor into the amount I charge to represent a person because they will effect the difficulty of the case and the amount of work that has to be done on the case. 

All these things considered, my fees range from $1,500 to $100,000 for a single case. Most people do not tell me directly that they question the need to pay me so much but I am fairly certain that some people cannot help but wonder if it is absolutely necessary to pay me so much. 

If You Can Afford It, Then You Should Hire A Lawyer

Some attorneys may tell you that you should always hire a lawyer but I can honestly say that sometimes a private lawyer is not justified. I have worked for the Public Defender's office and I will tell you that most of the attorneys that work there are competent lawyers that have a tremendous amount of experience. In California every person that is charged with a crime that carries potential incarceration is entitled to get a public defender at no cost or with an income based fee range.

In most cases you can go with a public defender if money is particularly tight. The problem with using a public defender is that they are busy and cannot spend as much time as a private attorney.  One of the best things about having a private attorney is that you can ask a lot of questions and get in touch with the attorney if you need to talk with him or her. 

The other advantage of hiring a private attorney is that if you are not happy with the private attorney you can fire them and hire another lawyer. If you are appointed a public defender you cannot fire the public defender. Many people believe that public defenders can be 'fired', that is not true. If an appointed attorney is not representing the defendant and the judge agrees that he or she has not done her job then the judge can appoint another attorney. 

My experience has been that the most successful private attorneys are successful because they have done a good job and everybody wants to hire them. Almost all of my clients come to me by referral. Someone that I have represented has told someone else that I did a good job for them and that leads them to contact me for help. 

If you want a lot of time to ask questions and a good relationship with the person that is going to represent you then you need to hire a private attorney. Many private attorneys are former public defenders that were successful as public defenders so they went out on their own. That is exactly what happened in my case. 

I only left the comfort of a regular job with benefits after many clients told me that they wanted to hire me privately. With many happy clients to serve as a client base I went out on my own. I have been happy as a private attorney because I can choose which clients I want to help and I have total freedom with my practice. 

I cannot deny that being a private attorney has been financially rewarding as well. The one thing that I did not mention above was the reality that I only have a certain number of hours in a day. My fees reflect that when I raise my rates because I have too many clients and not enough time to properly represent them all. 

Back to the issue at hand, should you hire a lawyer? I cannot tell you to hire a lawyer or not to hire a lawyer because I do not know your financial situation or the specifics of your case. If you really want to be informed about developments in your case and you want the best possible outcome then you should hire a private attorney. 

Make sure that you get some references from friends or former clients of the attorney and then hire the best lawyer you can afford. Remember your life, freedom and finances are on the line, the money you save by not hiring a lawyer may not be of any use to you if you are in prison for years and it certainly will not replace the feelings you feel when you spend quality time with a loved one that would otherwise be in prison. 


Saturday, February 16, 2013

Murder Without a Body

Can a person be convicted of murder without a body?

A common misconception among the general public is that a person cannot be convicted of murder if a body is never found. The truth is that most states do not require that a body be found in order to convict a person of murder.

The California case of Dave Hawk is an example of how a person can be convicted of murder. Mr. Hawk was convicted of killing his ex-wife Debbie Hawk after the woman went missing from her Hanford home in June 2006. Debbie Hawk's body was never found but that did not stop the jury from convicting Mr. Hawk of murder in 2009. 

Another example of prosecution for murder is the case of an Arizona woman, Jerice Hunter. Ms. Hunter is being prosecuted for the murder of her daughter. The 38 year old Glendale, AZ woman was arrested in September 2012. Law enforcement believes that Ms. Hunter killed her daughter and dumped the body in a landfill however the body was never found.

The Hunter case was in the news recently because Judge Daniel Martin granted the defense attorney additional time to prepare for trial after Ms. Hunter's previous attorney was removed from the case because he had not been paid. I found the name of the judge to be interesting because my name is Daniel Martin and I am a criminal defense attorney, however there is no relation.

There are various types of evidence

Murder cases are not unique when it comes to rules of evidence. The general rule is that all relevant is admissible unless otherwise excluded. What exactly does that mean? Well it means that if something tends to prove or disprove a fact that is disputed then it is admissible. 

Prosecutors can prove that a person is dead by introducing various types of evidence. Obviously the easiest way to prove that a person died is bring in the coroner and ask him or her questions about the autopsy. If you think about it though, they don't actually bring the body into court because the person is usually buried or cremated by then.

Instead of calling the coroner to prove that a person is dead the prosecutor can call family members and friends to testify that the person would never just disappear without telling anyone , In the Hawk murder trial there was evidence of Debbie Hawk's vehicle left abandoned in Fresno, CA. The jury apparently came to the conclusion that Debbie was killed and that Dave Hawk killed her.

I have represented a number of people in murder cases but none of the cases involved a victim that had not been found. It is much more common to have other types of 'direct evidence' missing. For example drugs get destroyed prior to trial. Additionally the person's mental state is almost always proved by circumstantial evidence because the defendant usually does not admit to having the required state of mind.

For example a person that enters a business to steal merchandise inside is guilty of commercial burglary. In most cases the person does not admit that they went into the store to steal. The prosecutor must prove that the person intended to steal when they entered the business to obtain a conviction for commercial burglary. To prove the person's intent they will introduce circumstantial evidence like the fact that the person had no cash on them when they entered the business, or they brought a pair of clippers with them so they could cut off the theft deterrent devices. 

Circumstantial evidence is probably the most common form of evidence. There is a jury instruction that deals with circumstantial evidence. Essentially it explains circumstantial evidence with a hypothetical that goes something like this... If a person came inside a building wearing a raincoat and carrying an umbrella and there were water drops on the raincoat, there would be circumstantial evidence that it was raining outside. 

Circumstantial evidence is evidence that tends to prove something that itself makes it more or less likely that another fact is true or untrue. Due to it's nature circumstantial evidence must be treated with caution. Jury instructions caution jurors to be careful when evaluating circumstantial evidence, if the evidence can show that a person is guilty or innocent then the jurors are instructed to adopt the interpretation that suggests that the person is innocent. 

An experience criminal defense attorney can explain how direct and circumstantial evidence applies to each individual case and he can make the jury question the evidence. 


Wednesday, February 13, 2013

Police Officer Apparently Dead

Christopher Dorner May Be Dead

The former Los Angeles Police Officer that killed four people after going on a rampage may be dead. Previously here on Fresno Lawyer, I wrote about Christopher Dorner being disgruntled with his attorney. The former police officer was terminated after an administrative hearing where he was represented by Randy Quan. Mr. Quan is a retired Los Angles Police captain who became a lawyer after retiring from the department.

It seems that Mr. Dorner totally lost it after he decided that he was wrongly terminated from the police department for reporting that another officer used excessive force. Christopher Dorner kicked off his spree by killing Mr. Quan's daughter and her fiance. He then killed another officer east of Los Angeles and wounded another officer.

Christopher Dorner Cornered

On February 12, 2013 officers apparently cornered Christopher Dorner in a house near Big Bear Lake California. A couple of days prior to cornering Mr. Dorner officers found Dorner's pickup truck burned out and abandoned. After days of an extensive manhunt a report came in that someone broke into a home and tied up the two female occupants. One of the occupants freed herself and notified police.

A subject matching Dorner's description was holed up in a house near the location of the burglary. After an exchange of gun fire that was caught on a video by a local news station, the house that Dorner is believed to be inside of burned. It is now believed that Mr. Dorner died inside the house after it burned. 

With today's shootout the death total rose to four. Randy Quan's daughter, her fiance, the officer east of Los Angeles and a deputy sheriff that was shot in the shoot out today. My thoughts go out to the officers that died at the hands of Christopher Dorner. 

Unfortunately Mr. Dorner is not the only person who blamed his lawyer for an unwanted outcome in a legal matter. Many lawyers have been shot and killed by their own clients. When I worked for a worker's compensation defense firm we always kept the front door locked because many people who had worker's compensation claims were very upset with my firm because they had been denied treatment or otherwise were unhappy with the outcome of their case and they blamed the firm that I worked for. 

Saturday, February 9, 2013

Former Police Officer On Crime Spree

Former L.A. Police Officer On Killing Spree

This site is about the law and the criminal justice system. I have written about a Deputy District Attorney that was shot and killed in front of a courthouse in Texas and some judges in Pennsylvania that were charged with corruption so I thought that I should cover a related news story. 

If anyone has not been following the news then they may not know about Christopher Dorner, a former Los Angeles police officer who was fired by the department a couple of years ago. Apparently he is still disgruntled over being fired. Actually that is the understatement of the year, this guy has lost his sanity. He has already killed at least three people.

Mr. Dorner has been trained by the police department and the military. In fact, he recently received an honorable discharged from the National Guard after ten years of service. That was before he started his crime spree by killing two people as they sat in a vehicle in a parking structure. 

One of the two initial victims was the daughter of an attorney, former police officer that represented Mr. Dorner at an administrative hearing that ultimately resulted in his termination from Los Angeles Police Department. 

The concept of disgruntled client blaming his attorney for an unwanted result is not new. A couple of years ago a Fresno attorney was shot and killed during a lunch break by a husband that was bitter about the proceedings in a divorce action. That attorney is not alone many attorneys have been injured by clients over the years, some killed. 

As of this writing, Mr. Dorner has killed three people and injured more people. He has pledged to continue to kill people until his name is cleared. I hope he is located before he can hurt anyone else. 


Sunday, February 3, 2013

Obama's Immigration Plan - Tighter Borders

President Obama recently outlined a four part plan to overhaul immigration in the United States. I previously discussed the pathway to citizenship in another post. The White House claims that an important part of the plan requires that the borders become more secure.  

Strengthen Border Security

In an effort to address concerns of conservatives and to increase the effectiveness of other parts of the plan, President Obama's plan would include provisions intended to 'shore up' border security. The plan calls for additional border patrol agents and increases in the use of technology to made borders more secure.

Personally, I do not believe that a lot of money should be invested in shoring up the borders. True we need to secure the borders to reduce the threat of terrorism. However when it comes to unwanted immigration we can practically eliminate the problem with mandatory E-verify.

E-verify is the system that is currently in place to ensure that employers only hire people who are in the United States legally. If the system was used by every single employer there would be almost no illegal immigration. The reason people are coming to United States is because they can work here and build a better life for themselves.

Many Businesses Rely On Aliens

The reality is that many businesses in the United States rely on cheap labor made possible by illegal immigration. In California the fields are worked by Mexican nationals that crossed the border illegally. In Colorado there are illegal aliens working in meat packing plants. In hotels across the country there are rooms that are cleaned by illegal aliens. 

If every employer had to use E-verify to ensure that each employer was in the country legally there would be almost no jobs. After a short period of time, illegal immigration would screech to a halt. Although it is true that a person could come into the country illegally and live with family or friends for a while, without a job they could not contribute to the family and would have to go back. 

The additional taxes that would be collected when every employer used E-verify could be used to reduce the national budget and support public assistance programs. There are several benefits of immigration reform, for the most part it would shift the benefit of having illegal aliens in the country from the farmers and business owners that take advantage of the cheap labor to the general public because taxes would go to everyone instead of the few businesses that reap the windfall of cheap labor.   

Thursday, January 31, 2013

Deputy District Attorney Shot and Killed

An assistant District Attorney in Texas was shot and killed on the courthouse steps


In Kaufman, TX an assistant district attorney was shot and killed by two men on Thursday. Authorities are still looking for the two men however authorities believe the shooting was connected to the prosecutor's job because it occurred very near the courthouse while the prosecutor was on his way to the courthouse. 

57 year old Mark Hasse was shot several times at approximately 8:00 a.m. near the Kaufman County Courthouse. It is unusual for a district attorney to be attacked in their capacity as a district attorney. In my experience defense attorneys are much more likely to be attacked, however it is not unheard of to have a district attorney attacked. 

A couple of years ago a district attorney in Fresno, CA was attacked while a defendant was being sentenced. The defendant was being sentenced to several years in prison for multiple gang offenses when he picked up a microphone and hurled it at the Deputy District Attorney. The district attorney was not seriously injured however the defendant was charged with additional charges that are punishable by several years in prison. 

Judges Indicted For Corruption

Nine Judges Charged With Corruption

January 31, 2013

Several current and former judges assigned to Philadelphia's Traffic Court have been charged with corruption involving a pervasive ticket fixing scheme. The allegation is that local businessmen, politicians and others with influence got their tickets 'fixed' by judges in Philadelphia's Traffic Court. It seems that the practice has been going on for years. 

The problem with corruption has been so widespread that a consultant for the court system has reported that that major overhauls are required for the entire traffic court system in Philadelphia. This is not the first time there has been a major corruption scandal in the courts in Pennsylvania. A couple of years ago two Superior Court Judges assigned to the juvenile court system were indicted for accepting kickbacks.

Millions of Dollars In Kickbacks

In Wilkes-Barre Pennsylvania a scandal dubbed 'Cash for Kids' rocked the judicial bench in 2008. Apparently two judges in Wilkes-Barre were sending juveniles to two privately operated juvenile detention facilities in exchange for kick-backs from the companies operating the detention centers. 

The scandal was discovered after several juveniles with little or no previous criminal history were sentenced to unusually long sentences in the juvenile detention centers. During the investigation one judge agreed to cooperate and it was discovered that millions of dollars in bribes was paid to Mark Ciavarella and Michael Conahan. 

The scandal is particularly disheartening because the victims were juveniles. It is impossible to say how many juveniles were affected by the scandal however at least one committed suicide after receiving a sentence for a first time offense. Edward Kenzakoski's mother appeared on the steps of the courthouse where Mark Ciavarella was being prosecuted to bring attention to the plight of her son who committed suicide. 

Fresno Area Judges

As an attorney practicing in the Fresno, CA area for years, I can honestly say that I have never had a single judge waiver in their integrity. Without so much as a hint of corruption, every Fresno judge I have dealt with has carried out their duties in an honorable manner. That is not to say that I have always agreed with their rulings. In fact, I believe that many judges have worked as district attorneys and it is impossible for them to completely eliminate some of their biases and prejudices. With that being said, they do carry out their job with integrity and honor. 

It is a good thing that Fresno judges have integrity because it is the foundation of a justice system. Even if you know that a particular judge is conservative or strict in his sentencing, you can plan for that and consider that fact when litigating a case. When judges compromise their ethics and morals the entire system is compromised. 

It is the knowledge that judges are fair and impartial that forms the bedrock of our system. When a dispute arises, people know that they can go to court and get assistance resolving the problem from an impartial person that will follow the rule of law.  

Wednesday, January 30, 2013

Four Part Immigration Plan

President Obama Outlined A Four Part Plan 

January 30, 2013. Las Vegas, NV 

On January 29, 2013, President Obama announced a four part immigration reform policy. One day after the United State Senate announced their own immigration reform plan, the executive branch provided a plan to overhaul immigration in the United States. 

Due to the national security implications and the fact that more than 15 million people are in the United States illegally, immigration reform has become a hot topic in the country. A plan that will eliminate illegal immigration, address the aliens that are in already in the country illegally and provide a method to track guest workers, is desperately needed. 

Pathway to Green Card and Citizenship

The most controversial component of Obama's four part plan is a pathway to citizenship for people that are in the United States illegally. Republicans argue that any plan that would allow illegal aliens to gain citizenship would reward people for breaking the law and would be unfair to people who followed the law when they immigrated. 

Under the proposal from the White House applicants would have to undergo criminal background checks and learn English to obtain a green card and become a citizen. Additionally, everyone who entered the United States illegally would have to pay all the taxes they owed and a fine for breaking the law. 

The pathway to citizenship described by President Obama was not called amnesty however it is essentially the same thing. This has been a sticking point for immigration reform opponents. The reality is that there are millions of people in the United States that entered illegally. Many of those people that entered had children here in the United States, those children are U.S. citizens. Even if the government could identify every illegal immigrant, there would be huge economic and ethical issues with deporting them. 

Any successful effort to reform immigration in the United States must include a component that provides a pathway to citizenship for illegal aliens. It appears that some type of immigration reform is going to pass into law this year. I will stay abreast of developments and continue to write about it as time goes on. Tomorrow I include a post about the other elements of President Obama's immigration reform plan. 


Monday, January 28, 2013

Immigration Reform in 2013

Immigration Reform Proposed by Bipartisan Group

United States Senator John McCane (R-Az) announced today that a group of senators have a bill that will reform immigration laws in the United States. The announcement came one day ahead of President Obama's expected discussion of immigration in United States scheduled for January 29, 2012 in Las Vegas.

Proposed Plan to Provide a Type of Amnesty

A sticking point of immigration reform that has long plagued efforts to overhaul United States' immigration law policy has been amnesty. Republicans traditionally have been unwilling to accept any form of amnesty. The plan as outlined by McCane and others will include a component that isn't called amnesty however it functions much like amnesty. 

Without providing any details, McCane called for payment of back taxes by anyone wishing to remain in the United States regardless of how they came to the U.S. Additional provisions of the plan include new rules covering immigration to the U.S. and guest worker programs. 

Immigration Reform Desperately Needed

According to most sources there are more than 15 million undocumented aliens in the U.S. Many of this people have been here for more than ten years. Some people have been here for more than twenty years. The vast majority of these people are hard working members of society, however they live in fear of being deported or unable to use resources that they pay for like police or human services. 

Additionally, immigration reform should help address concerns about terrorism and national security. Regardless of whether it is for national security, public safety or efficient collection of taxes, immigration reform is desperately needed. We look forward to tomorrow when President Obama will outline his plan for immigration reform. 



California Drug Diversion Programs


Brought to you by Fresno defense lawyer Daniel K Martin

Defendants charged with drug offenses in California may qualify for a drug diversion program instead of jail or prison. Anyone charged with a drug offense should research the options and ask their attorney about potential drug programs. 

The three most popular drug programs in California are PC 1000, Prop 36 and P.C.D.C. (Post Conviction Drug Court) This post will cover P.C. 1000, however each of these programs requires that the defendant be charged with a drug offense and no non-drug related offenses. (The term 'non-drug related' can confusing, speak to a criminal defense lawyer to find out if a specific charge is considered to be 'non-drug' related)

P.C. 1000 is California's Initial Drug Program

The first time a person is charged with a drug offense that does not include sales or manufacturing of drugs they will most likely be offered P.C. 1000 drug program. The advantage of P.C. 1000 is that a person can avoid jail time and a negative criminal history if they successfully complete the program. 

The program takes a minimum of 18 months to complete, however it can take longer to complete if a participant violates the terms of the program. The important thing to remember is that there is no way to shorten the program, so make sure that you or your loved one is ready to make an 18 month commitment.

P.C. 1000 is like the other drug treatment programs in the criminal justice system. There are essentially three prongs to each program. All of the programs require that participants drug test regularly, attend AA or NA meetings and attend court dates for review hearings.

The best thing about P.C. 1000 is that partipants that successfully complete the program will be allowed to withdraw their guilty plea and the case will be dismissed. That means that you will not have a criminal record and you can honestly answer that you have never been convicted a crime if you are asked about your criminal history.

Drug Testing

P.C. 1000 requires weekly drug testing. Initially, participant must drug test twice a week. The tests are random and they cost $12 per test. That means that the cost of testing alone is about $100 per month for random drug tests. If a participant tests without submitting any 'dirty' test they may qualify for once a week testing. 

The testing is random, each county will be a little bit different but most have a phone number that participants must call twice a week to find out when they test next. Sometimes the testing is back to back or two days in a row. Other times the testing is a couple of days apart. The goal of the testing is to identify people who have used drugs within a few days of testing or in the case of marijuana within a month of testing. 

If a participant provides a urine sample that reveals drug use then they are subject to punishment. Actually, testing dirty or failing to test as required is punishable by jail time. The good news is that one dirty drug test will not automatically result in termination from the program. In most cases the punishment for a dirty drug test will be two days in jail. 

AA/NA Meetings

Initially participants will be required to attend three AA meetings or NA meetings a week. Alcoholics Anonymous or Narcotics Anonymous meetings are held all over the world. It is easy to find a meeting in most towns. The meetings last about an hour. At the end of the meeting the secretary of the meeting will sign a 'court card' or some sheet of paper that serves as proof of attendance. 

In addition to the AA/NA meetings, participants must also complete a drug treatment program. These programs must be approved by probation (in fact you have to pay probation about $50 and they will give you a referral form for a specific program)

There are various programs available but all of them will require weekly meetings that you can attend while you continue to work or attend school if you need to. The programs cost anywhere from $350 to $600 and last for about a month or two. Once the program is complete the frequency of testing or AA/NA meetings usually is decreased. This means that it makes sense to enroll and complete the program as soon as you can because the rest of the program will be easier if you do not have test or attend as many meetings.

Review Hearings

In the beginning participants attend a court hearing about once a month. After a while this will be reduced to once every six weeks. The judge will hear from the probation department about how the defendant is doing. Probation will confirm that the participant has been testing and the results of the tests. 

TIP: Probation officers and the staff at probation have a lot of jobs to perform and many files to manage. Sometimes they do not maintain records properly. It is very important that participants keep the receipt they get when they test. Every time the participant goes to court they should bring the proof that they tested and the proof that they attended the AA or NA meetings. If probation fails to record a test, the participant can save themselves from going to jail by bringing proof compliance. 

If you or someone you know has been charged with a drug offense, contact a criminal defense lawyer to discus whether or not you are eligible for P.C 1000 or one of the other drug diversion programs. 

Welcome to Fresno Legal

New Law Blog From Fresno Lawyer

Daniel K Martin, a criminal defense lawyer from Fresno, CA, has launched a new site. www.FresnoLegal.blogspot.com Mr. Martin has been a lawyer in Fresno, CA for nearly nine years. He has experience practicing criminal defense, family law, civil law and related fields of law. 

Check back soon for articles about practicing law in Fresno, CA. Specifically, you should be able to find helpful information about Felonies, Misdemeanors, DUI and other criminal charges.