Best Criminal Defense Lawyers in Fresno

FAQs

• What is the non-emergency contact number for the local police station in Fresno, California?

  Call (559) 621-7000 to reach the Fresno Police Department for non-emergency concerns.

• Where can I get a copy of police reports for incidents related to my case in Fresno, California?

  1. To get a copy of a police report, go to the Records Bureau Public Counter at the address below.
  2. Take a service ticket and wait in line to be called.
  3. Complete the request form provided to you. The form will ask for your purpose of obtaining the report and the Case Number or the incident’s details. You need to present a valid ID in order to receive the report copy. Address: Fresno Police Headquarters 2323 Mariposa St. Fresno, CA 93721 Business hours: Monday to Friday from 7:30 a.m. to 2:30 p.m.

• What is the Three Strikes Law, and how does it affect criminal cases in Fresno, CA?

  The Three Strikes Law refers to California's habitual offender law. Under this law, individuals who have been convicted of a violent or serious felony for the second time get double the amount of state prison time normally sentenced for their crime. Those who are convicted for the third time result in a state prison sentence of 25 years to life. If you may be facing this situation, a Fresno criminal defense attorney can help you evaluate your legal options.

• Who is eligible to apply for the expungement of a criminal record in Fresno?

  Individuals who have been convicted of a felony or misdemeanor in Fresno may apply for an expungement under these conditions:

  • The individual has completed probation
  • The individual is currently not facing a criminal charge
  • The individual is currently not on probation or serving time for a crime If the individual’s criminal conviction resulted in a state prison sentence, they are no longer eligible to apply for expungement. Also, certain crimes are barred from expungement, such as crimes involving minor victims.

• Do you go to jail after pleading guilty to a crime in a plea hearing in Fresno, CA?

  It depends on the Fresno judge’s decision. It must be noted that the please hearing is an avenue to enter your plea (no contest, guilty, or not guilty) and decide on bail, but it is not the trial itself. After the plea hearing, the judge may choose: not to grant bail and put you in jail, set the amount of bail and put you in jail until you post bail, or release you and give the order to return to court.

• Can a Fresno police officer arrest you without a warrant?

  Generally, no. However, Fresno police officers may arrest without a warrant in certain situations:

  • If the police officer knows you have an existing and enforceable arrest warrant that is in the hands of another officer
  • If the police officer has probable cause to believe that you are presently committing or have committed a felony
  • If the police officer witnesses you committing a misdemeanor

• Can you face criminal charges in Fresno if you let a friend drive drunk which led to a DUI accident?

  No, you will not be held liable in this situation. In Fresno, you will only be liable if you gave alcohol to a minor and let that minor drive drunk. Generally, bystanders and even social hosts are not made accountable for the drunk individual's decision to drive. California’s Dram Shop laws also do not make individual/social hosts liable for providing impaired guests with alcohol.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.