Best Criminal Litigation Lawyers in Fresno

About Criminal Litigation Law in Fresno, United States

Criminal litigation in Fresno, United States, involves the legal processes and proceedings that occur when an individual is accused of committing a crime. This can range from misdemeanors like petty theft to felonies such as burglary or assault. In Fresno, criminal litigation is governed by California state law, but there are also specific local procedures and policies adopted by Fresno County courts. The process often includes investigation, arrest, arraignment, hearings, trial, and sentencing if found guilty. Throughout each stage, the accused is entitled to due process, legal representation, and the presumption of innocence until proven guilty.

Why You May Need a Lawyer

Criminal charges can have significant consequences, including fines, incarceration, and a permanent criminal record. Many people in Fresno seek legal help for criminal litigation due to the following situations:

• Being arrested or investigated for a crime
• Receiving a summons or notice to appear in court
• Facing charges like DUI, drug offenses, theft, assault, or domestic violence
• Wanting to negotiate plea deals or reduce charges
• Seeking expungement or clearing of past criminal records
• Needing bail reduction or release assistance
• Facing probation violations or allegations
• Understanding their legal rights and possible defenses

A qualified criminal defense lawyer can help navigate the complex legal system, protect your rights, and provide strategies for the best possible outcome.

Local Laws Overview

Fresno follows California state criminal laws, but local enforcement and court procedures can significantly impact criminal litigation cases. Here are key aspects to be aware of:

• Three Strikes Law: California's "Three Strikes" sentencing makes repeat felony offenses subject to increased penalties, including life imprisonment. Fresno courts strictly apply these rules.
• Criminal Procedure: Fresno County Superior Court handles all felony and misdemeanor cases. Local rules may affect deadlines, bail procedures, and pre-trial motions.
• Drug Offenses: Possession quantities, diversion programs, and alternative sentencing are influenced by local policy and state laws.
• Gang-Related Crimes: Fresno law enforcement actively prosecutes gang-related activity under California's Gang Enhancement laws.
• Driving Under the Influence (DUI): DUI is rigorously enforced. Local DUI courts and programs may offer alternatives to jail sentences.
• Domestic Violence: Alleged offenders may face immediate protective orders and mandatory arrests as per local enforcement practices.
• Juvenile Justice: Juvenile offenders are processed through a separate court system with a focus on rehabilitation.

Frequently Asked Questions

What should I do if I am arrested in Fresno?

Remain calm, invoke your right to remain silent, and request an attorney immediately. Do not answer questions without legal counsel present.

What are my rights if I am accused of a crime?

You have the right to remain silent, the right to an attorney, the right to a fair trial by jury, and protection against self-incrimination and unreasonable searches and seizures.

How is bail determined in Fresno?

Bail amounts are set according to Fresno County’s bail schedule, but judges may adjust the amount based on the severity of the alleged offense, your criminal history, and likelihood to appear in court.

Can I get my criminal record expunged in Fresno?

Many misdemeanor and some felony convictions can be expunged if you meet eligibility requirements under California law. Consult with a lawyer for guidance.

What happens at an arraignment?

At arraignment, you are formally read the charges against you, enter a plea, and bail may be set or reviewed. It is often the first court appearance after arrest.

What is a plea bargain?

A plea bargain is an agreement with prosecutors to plead guilty to a lesser charge or receive a reduced sentence. An attorney can help negotiate the terms.

How long does a criminal case take in Fresno?

The length varies based on the complexity of the case, charges, and court schedule. Simple cases may resolve within months, while serious felonies could take a year or more.

Do I have to go to every court hearing?

In most criminal cases, your appearance is required unless excused by the court or represented by your attorney for certain hearings. Failing to appear can lead to additional charges.

Can the victim drop charges?

While victims can express their wishes, only the District Attorney’s office has the authority to drop charges once filed.

What if I cannot afford a lawyer?

If you cannot afford a private attorney, the court will appoint a public defender to represent you at no cost.

Additional Resources

For those seeking help with criminal litigation in Fresno, several resources are available:

• Fresno County Public Defender’s Office: Provides free legal representation to those who qualify financially.
• Fresno County Superior Court: Information on court locations, case records, and procedures.
• California State Bar Association: Offers lawyer referral services and general legal information.
• Legal Aid Organizations: Groups such as Central California Legal Services can offer limited assistance for criminal matters.
• Victim-Witness Assistance Program: Support and guidance for victims of crime navigating the criminal justice system.

Next Steps

If you are facing criminal charges or investigation in Fresno, United States, take the following actions:

• Do not discuss your case with anyone other than your lawyer.
• Document all communications and paperwork received from law enforcement or the courts.
• Contact a qualified criminal defense attorney as soon as possible to protect your rights and review your case.
• If you cannot afford an attorney, request a public defender during your first court appearance.
• Gather any relevant documents and information about your case to provide to your legal representative.
• Follow all court instructions and attend all scheduled hearings to avoid additional legal problems.

Navigating criminal litigation can be overwhelming, but professional legal help can make a significant difference in the outcome of your case.