Firebaugh and Mendota Criminal Defense and DUI Attorney

Arrested or Charged With a Crime in Firebaugh or Mendota, California?

If you have been arrested, cited, or charged with a criminal offense in Firebaugh or Mendota, California, your case will generally be handled through the Fresno County Superior Court located at 1100 Van Ness Avenue in downtown Fresno.

Firebaugh and Mendota are neighboring agricultural communities in western Fresno County. Although each city has its own police department, criminal investigations and arrests in the surrounding area may also involve the Fresno County Sheriff’s Office or the California Highway Patrol.

Whether you have been cited for a misdemeanor, arrested for DUI, accused of domestic violence, or charged with a serious felony, an arrest can have consequences extending far beyond what happens at the first court appearance.

For noncitizens in particular, a criminal case may also affect lawful permanent residency, an application for permanent residency or citizenship, a visa, work authorization, admissibility to the United States, or the ability to remain in the country.

For that reason, a criminal defense attorney needs to understand more than simply the potential jail sentence or fine. The attorney should understand the client, the client’s immigration status and concerns, and the long-term consequences of any proposed resolution before advising the client to enter a plea.

Where Will a Firebaugh or Mendota Criminal Case Be Heard?

Although an arrest may occur in Firebaugh, Mendota, or one of the surrounding rural communities, misdemeanor and felony criminal cases are generally prosecuted through the Fresno County Superior Court located at:

Fresno County Superior Court
1100 Van Ness Avenue
Fresno, California

Most misdemeanor cases are assigned to departments handling misdemeanor criminal matters. Felony cases are assigned to felony departments. Certain cases, including domestic violence matters, may be heard in specialized criminal departments.

The department assigned to the case, whether the defendant must personally appear, and any conditions imposed by the court will depend upon the charges, the person’s criminal history, whether the person is on probation, and the individual circumstances of the case.

Which Law Enforcement Agencies Make Arrests in Firebaugh and Mendota?

Several law enforcement agencies operate in and around Firebaugh and Mendota.

The Firebaugh Police Department provides law enforcement services within the City of Firebaugh.

The Mendota Police Department provides law enforcement services within the City of Mendota.

The Fresno County Sheriff’s Office patrols the extensive rural and unincorporated portions of western Fresno County surrounding both communities. This is one of the largest agricultural areas in Fresno County and includes farms, dairies, ranches, rural roads, and small unincorporated communities.

The California Highway Patrol investigates DUI offenses, traffic-related crimes, collisions, and other incidents occurring on state highways and roadways within its jurisdiction.

Depending upon where an incident occurred, more than one agency may become involved in an investigation.

Each agency also has its own procedures for preparing reports, collecting evidence, preserving recordings, conducting DUI investigations, obtaining blood or breath samples, interviewing witnesses, and making arrests.

A criminal defense attorney should determine which agencies were involved and obtain and review all available evidence, including police reports, body-worn camera recordings, patrol-vehicle video, dispatch recordings, photographs, laboratory records, breath-testing records, blood-test results, witness statements, and other relevant evidence.

Will I Have to Personally Appear in Court?

One of the concerns we frequently hear from clients is whether they must personally travel to Fresno for every court appearance.

The answer depends in large part upon whether the case is a misdemeanor or a felony.

Misdemeanor Cases

In many California misdemeanor cases, an attorney can appear on behalf of the client without requiring the client to personally appear at the initial arraignment.

This commonly occurs in first-offense misdemeanor cases, including many misdemeanor DUI cases.

When legally permitted, the attorney can appear in court, enter the appropriate plea, obtain the police reports and other discovery, discuss the case with the prosecutor, and set future court dates without requiring the client to personally attend.

This can be particularly important for people who live or work in Firebaugh, Mendota, or the surrounding agricultural communities and would otherwise have to miss work and travel to downtown Fresno simply to attend a short court hearing.

It can also be extremely important for a noncitizen who has legitimate concerns about personally appearing at a courthouse or other government facility.

The court retains the authority to order a defendant to personally appear. An attorney therefore cannot promise that a client will never be required to attend court. However, in many misdemeanor cases, substantial portions of the case can be handled through counsel without the client being present unless the judge orders otherwise.

Felony Cases

A person charged with a felony will generally be required to personally appear at the arraignment and at other significant court proceedings.

In those cases, an attorney should prepare the client in advance, explain where and when to appear, and personally appear with the client to address bail, release conditions, protective orders, probation issues, and the other matters that may arise.

Criminal Charges Can Have Immigration Consequences

For a United States citizen, the primary concerns following an arrest may involve jail, probation, fines, a driver’s license, employment, or a criminal record.

For a noncitizen, the consequences can be substantially greater.

A criminal conviction may potentially affect:

1. Lawful permanent resident status.
2. Eligibility to obtain a green card.
3. Eligibility for naturalization and United States citizenship.
4. A work permit or other employment authorization.
5. A visa or other immigration benefit.
6. The ability to leave and later reenter the United States.
7. Admissibility to the United States.
8. Exposure to immigration detention or removal proceedings.

The immigration consequences of a criminal case can sometimes be far more serious than the sentence imposed by the criminal court.

California law specifically recognizes this problem.

Penal Code section 1016.2 discusses the United States Supreme Court’s decision in Padilla v. Kentucky and recognizes that, for a noncitizen defendant, deportation may be one of the most serious consequences resulting from a criminal conviction. The Legislature has also recognized that, with an accurate understanding of the immigration consequences, many criminal cases can be resolved in a manner that satisfies the prosecution and the court while avoiding or reducing unnecessary adverse immigration consequences.

California Penal Code section 1016.3 requires a criminal defense attorney to provide accurate and affirmative advice concerning the immigration consequences of a proposed disposition. When consistent with the client’s goals and informed consent, defense counsel must also attempt to defend against those consequences.

The law also imposes an obligation upon the prosecution. Penal Code section 1016.3(b) provides that the prosecution, in the interests of justice, must consider the avoidance of adverse immigration consequences as one factor during plea negotiations in an effort to reach a just resolution.

That does not guarantee that the prosecution will agree to a particular disposition.

It does mean, however, that immigration consequences should not simply be ignored during plea negotiations.

Why We Ask About Immigration Status

A criminal defense attorney is not an immigration judge, and our job is not to determine whether a person should be permitted to remain in the United States.

Our job is to defend the criminal case.

But to defend the case properly, we need to know whether immigration consequences are an issue.

A disposition that may be perfectly acceptable for a United States citizen could potentially create devastating consequences for a noncitizen.

For that reason, if immigration status may be affected, we want to identify that issue before a plea is entered—not afterward.

Depending upon the facts of the case, the evidence, the charges, and the client’s individual circumstances, a defense strategy may involve attempting to:

1. Obtain a dismissal.
2. Obtain a reduction to a different charge.
3. Obtain diversion when legally available.
4. Negotiate an alternative offense carrying fewer immigration consequences.
5. Modify the factual basis or terms of a negotiated disposition when legally appropriate.
6. Avoid a conviction or sentence that unnecessarily creates adverse immigration consequences.
7. Consult with qualified immigration counsel when specialized immigration advice is necessary.

There is never a guarantee that immigration consequences can be avoided. Certain charges and convictions can have serious consequences under federal immigration law.

But those consequences should be identified and considered before the criminal case is resolved.

Immigration Concerns and the Fresno County Jail

Some noncitizen clients are understandably concerned about contact between local law enforcement and federal immigration authorities.

Fresno County receives immigration detainer requests, and under circumstances permitted by California law, individuals being released from local custody may be transferred to or subsequently taken into custody by federal immigration authorities.

This does not mean that every noncitizen who is arrested will be contacted by immigration authorities. Nor does an arrest itself establish anyone’s immigration status.

It does mean that a person who has immigration concerns should discuss those concerns privately with his or her attorney as early as possible.

The attorney can then consider those concerns when addressing custody, court appearances, negotiations, and the ultimate resolution of the criminal case.

What Happens After an Arrest in Firebaugh or Mendota?

What happens immediately following an arrest depends upon the offense and the circumstances.

A person may be cited and released, booked into the Fresno County Jail, released after posting bail, released through a pretrial release program, released on the person’s own recognizance, or held pending the first court appearance.

After criminal charges are filed, the first court hearing is generally the arraignment. At the arraignment, the court may:

1. Advise the defendant of the charges.
2. Enter a plea.
3. Address bail or conditions of release.
4. Determine whether the defendant must personally appear.
5. Address probation status.
6. Issue a criminal protective order.
7. Set future court dates.
8. Address discovery and other preliminary matters.

After the arraignment, the defense can begin obtaining and analyzing the evidence and developing an appropriate strategy.

Investigating a Firebaugh or Mendota Criminal Case

The police report is not the entire case.

A thorough defense may require obtaining and reviewing:

1. Police and arrest reports.
2. Body-worn camera recordings.
3. Patrol-vehicle video.
4. Dispatch and 911 recordings.
5. Witness statements.
6. Photographs.
7. Surveillance video.
8. Breath-testing records.
9. Blood-test and laboratory records.
10. Medical records.
11. Accident reports.
12. Probation records.
13. Search warrants and supporting affidavits.
14. Other evidence relating to the allegations.

When appropriate, the defense may also subpoena additional records, interview witnesses, retain a private investigator, inspect the scene, consult forensic experts, or retain an accident-reconstruction specialist.

The objective should not simply be to accept the first offer and get the case over with.

The objective should be to understand the evidence, identify the available defenses, determine the consequences of the different possible outcomes, and place the client in the strongest possible position.

What Should I Do After a DUI Arrest in Firebaugh or Mendota?

A DUI arrest can create two separate proceedings.

The criminal case will generally be handled through the Fresno County Superior Court.

A separate administrative proceeding may also arise through the California Department of Motor Vehicles.

The DMV proceeding can affect a person’s driving privilege regardless of what happens in criminal court, and strict deadlines may apply for requesting a hearing to challenge an administrative suspension.

A DUI investigation may require review of:

1. The legal basis for the traffic stop or detention.
2. The officer’s observations.
3. Body-worn camera recordings.
4. Patrol-vehicle video.
5. Field sobriety testing.
6. Preliminary alcohol screening results.
7. Breath-testing procedures.
8. Blood-draw procedures.
9. Laboratory records.
10. Maintenance and calibration records.
11. The timing of alcohol consumption.
12. Whether the prosecution can establish the defendant’s alcohol concentration at the time of driving.
13. Whether drugs or prescription medications are alleged to have contributed to impairment.

The timing of the court case and DMV proceeding can also affect license consequences, restricted-driving options, ignition-interlock eligibility, and credit toward a suspension.

Anyone arrested for DUI should therefore contact an attorney promptly.

Every Client Requires an Individual Defense Strategy

There is no single correct way to resolve every criminal case.

One client may be primarily concerned about avoiding jail.

Another may need to preserve a commercial driver’s license.

Another may have a professional license, government employment, or a security clearance. A college student may be concerned about school and financial aid.

A lawful permanent resident may be concerned about protecting a green card and future eligibility for citizenship.

Another client may be in the United States under a visa, work authorization, DACA, or another immigration status and may have entirely different concerns.

Those issues matter.

A criminal defense strategy should take into account not only the charges and the police reports, but also the person standing behind the case and the long-term consequences that person faces.

Why Hiring a Local Fresno County Criminal Defense Attorney Matters

A person searching online for a Firebaugh or Mendota criminal defense attorney may encounter law firms located throughout California.

Before hiring a firm, find out who will actually handle the case.

Ask:

1. Who will personally represent me?
2. Who will appear at my court hearings?
3. Does the attorney regularly practice in Fresno County Superior Court?
4. Does the attorney have experience dealing with the agency that arrested me?
5. Will my case be transferred to an associate or outside appearance attorney?
6. Can I speak directly with the attorney responsible for my case?
7. If I have immigration concerns, will those concerns be considered before my case is resolved?

Local representation matters because Fresno County criminal practice involves particular judges, prosecutors, court procedures, law-enforcement agencies, and local practices that an attorney who regularly appears in these courts encounters every week.

Personal Representation by Gregory W. Fox

Gregory W. Fox has practiced criminal defense in Fresno County for more than twenty years and has represented thousands of individuals charged with misdemeanor and felony offenses.

When a client retains the Law Office of Gregory W. Fox, the case is personally handled by Gregory W. Fox.

Mr. Fox personally reviews the evidence, speaks with the client, develops the defense strategy, communicates with the prosecution, and appears in court on the client’s behalf.

For clients who have immigration concerns, those concerns are identified and considered as part of the overall defense strategy. When specialized immigration advice is required, the criminal case can also be evaluated in conjunction with qualified immigration counsel so that a proposed criminal resolution is understood before the client enters a plea.

The goal is not simply to determine what sentence the prosecutor is offering. The goal is to understand what that resolution means for the client.

Criminal Cases We Handle

The Law Office of Gregory W. Fox represents clients in Firebaugh, Mendota, and throughout Fresno County in cases involving:

1. Driving under the influence.
2. Felony DUI and DUI involving injury.
3. Domestic violence.
4. Battery and assault.
5. Drug offenses.
6. Theft offenses.
7. Weapons charges.
8. Probation violations.
9. Juvenile offenses.
10. Expungements and record-clearing matters.
11. Other misdemeanor and felony charges.

Schedule a Consultation

If you have been arrested, cited, or are under investigation for an offense arising in Firebaugh, Mendota, or the surrounding western Fresno County communities, contact the Law Office of Gregory W. Fox to discuss your case.

If you are not a United States citizen, let us know.

Immigration status is confidential information that may be extremely important in determining how the criminal case should be defended and resolved. A criminal charge should not be resolved without first considering whether the proposed outcome may create consequences affecting your ability to live, work, remain in, or become a citizen of the United States.

Our office will explain the criminal process, review the available evidence, discuss the possible consequences, provide an objective assessment of the case, and explain the proposed fee and scope of representation.

When you retain the Law Office of Gregory W. Fox, Gregory W. Fox will personally handle your case and appear in court on your behalf whenever California law permits an appearance through counsel.

Contact the Law Office of Gregory W. Fox at (559) 222-5800 to schedule a confidential consultation.

Our Philosophy

The goal is not simply to resolve your case quickly.

The goal is to resolve it correctly.

Every case is different. Every client has different concerns. Our responsibility is to understand the evidence, protect your rights, consider the criminal and collateral consequences of every decision, and develop a strategy designed to achieve the best possible outcome under the circumstances.