Arrested or Cited While Visiting Oakhurst, Coarsegold, Bass Lake or the Yosemite Area?
Every year, thousands of people travel through Madera County on their way to Yosemite National Park. Many stay in Oakhurst, Coarsegold or Bass Lake, visit restaurants and local attractions, or use Highway 41 as their route into and out of Yosemite.
Unfortunately, a vacation or weekend trip can quickly become much more complicated when a visitor is stopped, cited or arrested for driving under the influence or another criminal offense while traveling through the area.
The Law Office of Gregory W. Fox represents individuals charged with DUI and other criminal offenses arising from arrests in Oakhurst, Coarsegold, Bass Lake and the surrounding areas of Madera County.
Our office handles California state criminal cases arising in Madera County. We do not handle federal criminal cases arising from arrests or citations occurring within Yosemite National Park.
This distinction is important because criminal offenses occurring within Yosemite National Park may be prosecuted as federal cases. By comparison, an arrest occurring outside the National Park in Oakhurst, Coarsegold, Bass Lake or elsewhere in Madera County will generally be handled through the California state court system.
Criminal Cases Involving Visitors to Yosemite National Park
Cases arising in eastern Madera County are somewhat unique because many of the people arrested in the area do not live in Madera County.
A person may be visiting from Los Angeles, Sacramento, San Diego, the Bay Area or another part of California. Others may be visiting Yosemite from Nevada, Arizona, Oregon, Washington, Texas or another state.
That creates practical concerns that may not exist in an ordinary local criminal case. You may understandably be concerned about:
- Whether you will have to return to Madera County for court.
- Whether your attorney can appear without you.
- Whether you can appear remotely through Zoom.
- What will happen to an out-of-state driver’s license after a California DUI arrest.
- Whether California can suspend your privilege to drive in this state.
- Whether a California DUI conviction could later affect your driver’s license in your home state.
- Whether DUI classes, probation terms or other requirements can be completed where you live.
An attorney handling a case involving an out-of-state or out-of-county resident should consider these issues from the beginning rather than waiting until the case is resolved.
DUI Arrests in Oakhurst, Coarsegold and Bass Lake
One of the most common criminal matters involving visitors to this area is driving under the influence.
A person may spend the day at Bass Lake, have dinner in Oakhurst or Coarsegold, attend an event in the area, or be returning from Yosemite when he or she is stopped by law enforcement.
DUI investigations may involve allegations concerning alcohol, marijuana, prescription medication or other drugs.
Depending upon the circumstances, the evidence may include:
- The reason for the traffic stop.
- The officer’s observations.
- Body-worn camera recordings.
- Patrol-vehicle video.
- Field sobriety tests.
- Preliminary alcohol screening results.
- Breath-test results.
- Blood-test results.
- Laboratory records.
- Statements allegedly made by the driver.
- Witness statements.
- Accident or collision evidence.
Every DUI arrest should be individually evaluated rather than assuming that an arrest or a particular alcohol concentration automatically determines the outcome of the case.
Which Law Enforcement Agencies Make Arrests in the Oakhurst and Coarsegold Area?
Two of the law enforcement agencies frequently involved in DUI and criminal arrests in eastern Madera County are the California Highway Patrol and the Madera County Sheriff’s Office.
The California Highway Patrol frequently investigates DUI offenses, traffic violations and collisions occurring on Highway 41 and other highways and roadways within its jurisdiction.
The Madera County Sheriff’s Office investigates criminal offenses throughout the unincorporated portions of Madera County, including many incidents occurring in and around Oakhurst, Coarsegold and Bass Lake.
The agency involved in an arrest can affect what evidence exists and what records should be obtained. An experienced defense attorney should obtain and carefully review all relevant reports, recordings, photographs, laboratory records and other evidence before determining how the case should be handled.
Where Will My Oakhurst or Coarsegold Criminal Case Be Heard?
Although the arrest may have occurred many miles away in Oakhurst, Coarsegold or the Bass Lake area, state criminal cases arising in Madera County are generally handled through the Madera County Superior Court.
This is particularly important for tourists and other visitors because a person arrested near Yosemite may live hundreds or even thousands of miles from the courthouse.
Fortunately, many court appearances can be handled without requiring the client to repeatedly travel to Madera County.
Do I Have to Come Back to Madera County for Court?
Whether you must personally appear depends largely upon the seriousness of the charge and the circumstances of the case.
Misdemeanor Cases
In many misdemeanor cases, including many first-offense DUI cases, California law permits an attorney to appear in court on behalf of the defendant pursuant to Penal Code section 977.
When permitted, the attorney can appear, enter an appropriate plea, obtain discovery, discuss the case with the prosecutor and attend many subsequent proceedings without requiring the client to travel back to Madera County for every hearing.
This can be particularly valuable for someone who lives in another county or another state.
The court nevertheless retains authority to require a defendant to personally appear when appropriate.
Felony Cases
Felony cases have different appearance requirements, and a defendant charged with a felony will generally be required to participate personally in important proceedings.
However, Madera County has made remote appearances available in many criminal proceedings. Depending upon the type of hearing and the court’s authorization, an out-of-county or out-of-state defendant may sometimes be permitted to appear remotely through Zoom rather than making repeated trips to Madera.
An attorney familiar with Madera County can determine which appearances may be handled by counsel, which may potentially be handled remotely, and when the client’s personal presence will be required.
Out-of-State Driver’s Licenses and California DUI Arrests
A California DUI arrest can become particularly complicated when the driver is licensed in another state.
There are potentially two separate issues.
The first involves the person’s privilege to drive within California.
The second involves what the person’s home state may do after receiving information concerning the California case.
An out-of-state driver’s license does not prevent California from taking action against a person’s privilege to drive in California.
In addition, depending upon what ultimately occurs in the criminal case, information concerning a California DUI conviction may be reported and may later result in consequences involving the person’s driver’s license in his or her home state.
The precise consequences depend upon the person’s state of residence, driving history, the circumstances of the California case and the ultimate disposition.
For that reason, an out-of-state resident should not simply assume that because California did not issue the driver’s license, a California DUI arrest cannot affect his or her ability to drive.
The California DMV Case Is Separate From the Criminal Case
A DUI arrest may result in two separate proceedings.
- The criminal case in Madera County Superior Court.
- A separate administrative proceeding involving the California Department of Motor Vehicles.
These are separate proceedings with different rules, issues and deadlines.
Following certain DUI arrests, there may be a very short period within which a DMV hearing must be requested in order to challenge an administrative suspension.
This is another reason why someone arrested for DUI while vacationing in Oakhurst, Coarsegold, Bass Lake or the Yosemite area should contact an attorney promptly rather than waiting until the date printed on the citation.
What If I Live in Another Part of California?
The same concerns apply to California residents who live outside Madera County.
A person visiting from Los Angeles, San Diego, Sacramento, Bakersfield, San Jose or another California community may have no desire to repeatedly drive several hours to Madera for routine court proceedings.
In an appropriate misdemeanor case, our office may be able to appear on your behalf without requiring you to personally attend many of the proceedings.
If the court requires your participation and permits a remote appearance, we can also discuss whether appearing through Zoom is an available option.
What Other Types of Cases Can Arise While Visiting the Area?
Although DUI arrests are common, visitors to Oakhurst, Coarsegold, Bass Lake and the surrounding areas can be cited or arrested for many different offenses.
Depending upon the circumstances, those cases may involve:
- Driving under the influence
- DUI involving drugs
- DUI involving an accident or injury
- Hit-and-run allegations
- Driving on a suspended license
- Drug possession offenses
- Public intoxication
- Battery or assault
- Domestic violence
- Theft offenses
- Weapons offenses
- Other misdemeanor or felony charges
The location of the alleged offense is important. Our office handles state criminal cases arising in Madera County outside Yosemite National Park. We do not handle federal prosecutions arising from offenses occurring within Yosemite National Park.
Why Hiring an Attorney Familiar With Madera County Matters
If you live outside the area, an internet search may produce advertisements from lawyers located throughout California.
Before hiring an attorney, you should determine who will actually handle your case. You may want to ask:
- Does the attorney regularly handle criminal and DUI cases in Madera County?
- Who will personally appear at my court hearings?
- Will the attorney I speak with actually be the attorney representing me?
- Does the attorney understand California DMV proceedings arising from DUI arrests?
- Has the attorney handled cases involving clients who live outside California?
- Can the attorney appear without me when Penal Code section 977 permits it?
- Can the attorney assist in arranging remote appearances when the court allows them?
- Will my case be handled personally or assigned to another attorney or an outside appearance lawyer?
These questions become particularly important when you live hundreds or thousands of miles away.
Personal Representation by Gregory W. Fox
Gregory W. Fox has practiced criminal defense in Madera and Fresno Counties 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, communicates with the client, develops the defense strategy, negotiates with the prosecution and appears in court on the client’s behalf.
For someone who lives outside Madera County or outside California, that continuity can be especially important. You should know who is responsible for your case and who will actually be standing in court representing you.
What Should I Do If I Am Arrested While Visiting Oakhurst, Coarsegold or Bass Lake?
First, do not assume that you must immediately return to Madera County simply because you have been given a future court date.
Contact an experienced Madera County criminal defense attorney and determine:
- What you have actually been charged with.
- Where the case will be filed.
- Whether you must personally appear.
- Whether an attorney can appear for you under Penal Code section 977.
- Whether a remote appearance may be available.
- Whether there is a separate DMV deadline that must be addressed.
- What effect the case may have on an out-of-state driver’s license.
- What evidence should immediately be requested or preserved.
Addressing these issues early can eliminate unnecessary travel and, more importantly, ensure that important deadlines and potential defenses are not overlooked.
Contact an Oakhurst and Coarsegold Criminal Defense Attorney
If you have been arrested or cited for DUI or another California state criminal offense in Oakhurst, Coarsegold, Bass Lake or another part of Madera County near Yosemite National Park, contact the Law Office of Gregory W. Fox to discuss your case.
We regularly represent individuals charged with misdemeanor and felony offenses in Madera County, including clients who live elsewhere in California and clients visiting from other states.
Our office can explain whether you will need to return to Madera County, whether we may be able to appear on your behalf, the potential consequences involving your driving privileges, and the steps that should be taken to begin defending the case.
The Law Office of Gregory W. Fox handles California state criminal cases arising in Madera County. We do not handle federal criminal prosecutions arising from citations or arrests within Yosemite National Park.
Contact the Law Office of Gregory W. Fox at (559) 222-5800 to schedule a confidential consultation.
Our Philosophy
Being arrested while on vacation or hundreds of miles from home creates concerns that extend beyond the criminal charge itself.
Our responsibility is to understand the evidence, protect your rights, minimize unnecessary travel whenever possible, identify potential driver’s-license consequences, and develop a strategy that takes into account both the immediate criminal case and its long-term effect on your life.
Every case is different. Every client has different concerns. The goal is not simply to resolve your case quickly. The goal is to resolve it correctly.