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Criminal Defense Lawyer from Fresno

Practice Areas
Drunk DrivingSex crimesDomestic ViolenceHit & RunResist, delay or obstructVandalismRobberyBurglary

Firearm offenses

Fraud cases

Conspiracy charges

Child abuse

Identity theft

Petty theft

reckless driving

Disorderly conduct

Expungement

Juvenile
When facing serious criminal charges, your life is at stake. Whether you are facing DUI charges or serious or violent felonies, a lawyer that will fight for you is important. A Fresno criminal lawyer can help you get the best possible result. Daniel K Martin knows the judges in Fresno and in the surrounding courts. Mr. Martin has the respect of the judges and the court staff.

Cites:

Fresno, Clovis, Madera, Merced, Visalia, Tulare, Bakersfield, Kerman, Coalinga, Hanford, Bass Lake, Los Banos, Turlock, Modesto, Porterville, Taft, Shafter, Ridgecrest, Mojave, Delano, Mc Farland, Arvin, Lamont, Avenal, Corcoran, Lemoore, Stockton, Lodi, Manteca, Tracy, Mariposa
Being charged with a crime can be a stressful and confusing experience. Most people are not familiar with the criminal justice system. The system is designed to be adversarial. That means that the prosecutor will be trying to put you or your loved one away for the longest period of time they can.You need someone in corner fighting for you. You need someone who will help you get the best possible outcome. The initial hearing in a criminal case whether it has been charged in Fresno or another county is the arraignment. The arraignment is an opportunity to learn exactly which charges have been filed against you and to address bail or release on your own recognizance. Pre-preliminary hearing is the next hearing in Fresno Superior Court however this hearing is referred to by different names. The purpose of this hearing is to allow the defense attorney and the prosecutor to discuss the case and negotiate a settlement.If the case cannot be settled at the pre-preliminary hearing a preliminary hearing will be held. The best way to describe a preliminary hearing is a trial without a jury. During this hearing the prosecutor must present evidence that convinces the judge that a crime has occurred and the defendant committed the crime. If the judge believes that a crime has occurred and the defendant committed the crime an order will be issued that requires the defendant to answer to the charges. This means that a trial date will be set and a trial confirmation date will be set.At the trial confirmation hearing the prosecutor and the criminal defense lawyer will discuss any missing police reports or discovery and schedule the trial. This is also the last opportunity to negotiate a plea agreement or plea bargain. Most cases do not go to trial. In California more than 80% of criminal cases settle before trial. Of the trials that do go to trial most of them end in a conviction. Depending on the county that you are charged in the odds of being convicted either extremely low or practically non-existent.In Fresno County the odds of being convicted at trial are somewhere around 90%. This means that 90 out of every 100 cases that go to trial end in Fresno County end in a guilty conviction. That is the reason that most cases end in a negotiated plea. The alternatives to going to trial are an extended prison sentence. The law does not officially punish people who go to trial however it does grant reduced sentences to people who settle their case early. This means before a trial is conducted.

FAQ

Criminal Law Questions

FAQ

This page includes actual questions about California criminal law that I have answered. I will add addtional questions about the law as time goes by so make sure you check back frequently to see additional questions. November 30, 2011Question: Who is responsible for court costs if I am going to trial for a felony?Question Detail: I am going to trial on a felony. Who is responsible for court costs?Fresno Criminal Defense Lawyer: If you are convicted you will be ordered to pay fines, fees and a courthouse security fee. If a public defender was appointed to represent you then you can also be ordered to pay for the public defender's services. I am not sure if that answers your question. November 30, 2011Question: How much jail time is issued for stealing prescription drugs?Question Detail: How much jail time would you get in for stealing prescription drugs from somebody in your household if they pressed charges?Fresno Criminal Defense Lawyer: First allow me to clarify citizens do not press charges. Prosecutors file charges based on whether they believe that they can prove a case. If the police were notified and the prosecutor received a report about this conduct it could be punished in various ways. Most likely it either be possession of a controlled substance or receiving stolen property. Both of these offenses are punishable by 16 months, two years or three years in state prison. Now that the law has changed you would not actually go to prison. You would do spend the sentence in county jail. December 1, 2011Question: What is the punishment for a minor distributing a controlled substance on school grounds?Question Detail: What is the criminal punishment for a 17 year old distributing a controlled substance on school grounds and also having possession of a pipe?Fresno Criminal Defense Lawyer: The answer depends on the controlled substance. Simple possession of a controlled substance is covered in Health and Safety Code (H&S) Section 11350 (a) and it is punishable by 16, 24 or 36 months or probation. The sale of a controlled substance is covered under H&S 11352 (a) it is punishable by 36, 48, 60 months in prison. (There are different punishments for selling marijuana and non-narcotic controlled substances.In this case we are dealing with a minor, he would not go to prison. He would be housed in juvenile hall until suitable placement is approved by the court or until he has spend the maximum term of confinement (as defined by the particular statute that he is convicted of) or until he is 21 years old. It is very unlikely that he would be housed until he was 21. The oldest person that i have seen in juvenile hall was 19 years old. He had picked up a case as a juvenile and he kept getting in trouble. If you have never been in trouble before then you would be entitled to get probation.If you have a question that you would like to be answered email your question to drdanielmartin_gmail.com

ABOUT

Daniel K Martin

Daniel K Martin is an experienced criminal defense lawyer that has represented hundreds of people charged with everything from DUI, domestic violence, speeding tickets, theft offenses, and violent crimes. Mr. Martin graduated from San Joaquin College of Law with a Doctorate of Jurisprudence and from Alliant International with a Masters of Art in Orgranizational behavior. Beginning in law school Mr. Martin worked for the Public Defender's office in Tulare County. He continued to work there for more than a year after law school. Mr. Martin gained valuable experience working on Capital Murder Cases. Mr. Martin then went to work for Alternate Defense Office (ADO) in Fresno. While at ADO Mr. Martin gained valuable trial experience including many homicide trials and other life-top cases. Today Mr. Martin is in private practice with his own law firm. Now you can get his knowledge and experience to assist you as you defend against crminal cases in and around Fresno.Mr. Martin did not set out to become a defense attorney, rather he became a criminal defense lawyer after he was frustrated with the system in California and decided to do something about it. Mr. Martin decided that he would go to law school and help people who had been wrongfully charged with crimes that they did not commit and people who were treated unfairly by the criminal justice system. It did not take long before Mr. Martin had exposed corruption in the Fresno Police Department and the Fresno County Sheriff's Department. Ultimately causing a member of the Sheriff's department to be fired and testifying against a Fresno Police Department officer for stealing his client's vehicle.The truth is, Mr. Martin does not fight for people because they hired him, he fights for people because that is what he is passionate about. He would fight for people and help them when they need help for nothing. In fact he has done that on a number of occassions. The most important thing is that you get someone who will be in your corner when you need it most. Some people just need answers while others need someone who is not afraid to take on law enforcement and expose lies or corruption.Sometimes a person makes a mistake. That does not mean that they are a bad person it just means that they made a mistake. Everyone needs someone in their corner when they are facing criminal charges. You can read more about Mr. Martin's accomplishments at this site Fresno criminal lawyer.

Handshake

Someone in your corner

The criminal justice system is an adversalable system. That means that the prosecutor is against you. He or she is trying to put you away for the maximum amount of time they can. Daniel K Martin fights for people who have been charged with a crime. If you retain Mr. Martin as your criminal defense lawyer, you will have a talented lawyer in your corner.Mr. Martin chose to practice criminal law because he wants to prevent injustice and fight for people that have been wrongfully charged with crimes they did not commit or excessively charged with crimes that do not fit the facts. The most important thing to remember when selecting a criminal lawyer is how much they care is more important than how much they know. Mr. Martin offers the best of both worlds because he cares about his clients and he knows a tremendous amount about the criminal justice system in California and specifically in Fresno, CA and surrounding counties.

PRACTICE AREAS

DUI or Driving Under the Influence

There are many defenses to DUI charges. Daniel K. Martin has experience fighting for people who have been charged with a DUI. Are you a diabetic? Was there problems with breath test? Did it take them a while before they took your blood? In California you only have ten days from the day that you are cited for drunk driving to request a hearing with the DMV. If you fail to request a hearing your driver licence will automatically suspended.If you are convicted of driving under the influence you will have to pay nearly $2,000 in fines and fees. You will lose your license and once you get your license your insurance rates will go up and you will have to attend a program that lasts many months of weekly classes.I can help you fight your case, call today for a free consultation to discuss your DUI case.

Speeding Tickets

Speeding tickets can be expensive, many people just pay the fine and then pay higher insurance premiums for years. Mr. Martin can go to court for you and save you time and money if you are able to avoid missing work.Usually Mr. Martin appears at the first hearing and request discovery, this includes calibration logs, training certificates and highway speed safety studies.At the next court date Mr. Martin checks to see if the law enforcement officer shows up to court. If the officer does not show up he will move for a dismissal.If the officer shows up he will attempt to negotiate a settlement that will not result in points assessed against the client's driving record. If there are issues of fact in dispute then Mr. Martin will conduct the trial and represent the client's best interest.Daniel K Martin has beaten many tickets, he can go to court for you and save you a lot of money. In most cases Mr. Martin can either beat your ticket or negotiate a settlement that will save you money.

Domestic Violence

Many domestic violence cases can be beat. Many people find themselves facing domestic violence charges after a heated argument. Once the tempers settle the participants regret the whole situation. Daniel K Martin has helped many people get the best possible result in their domestic violence case. New laws enacted in California over the last few years allows complaining witnesses in domestic violence cases to refuse to testify in court. In the past victims of domestic violence were forced to testify against their spouse or partner. Failure to testify could result in incarceration. If you are convicted of domestic violence in California you will have to complete a lengthy (52 weeks or more) domestic violence program. The programs are expensive. If you or someone you know has been charged with domestic violence, contact a criminal defense lawyer right away.

Theft charges

There are several types of theft cases including petty theft, robbery, recieving stolen property, burglarly, grand theft, unlawful driving or taking of a vehicle, and identity theft as well as others.Once a person has been convicted of a theft offense punishment for future offense can sometimes be increased. It is important to agressively fight every theft offense so that you do not recieve increased punishment in the future. There are various theft related offenses the following list does not include every theft offense in California law however these are the most popular theft offenses.Petty theft or shopliftingI have listed these charges together because the crimes that involve going into a store and taking a relatively low valued item and petty theft go together.If a person has never been in trouble before a theft a offense can prevent them from getting a job or going to school.In California there is a diversion program that allows people facing a first time theft offense to complete a program that will allow them to move the court to dismiss the case once the program has been completted.Grand Theft AutoThis charge is usually charged as unlawful driving or taking of a vehicle pursuant to California Vehicle Code Section 10851 and Penal Code Section 496 (d) receiving stolen property in the alternative.Most people are surprised to learn that Grand Theft Auto is not commonly charged. The reason that Grant Theft Auto is not charged more often is because the alternative charges can be used to 'enhance' future convictions of the same charges. Identity TheftThere has been a growing trend to prosecute conduct as identity theft. The reason that prosecutors file allegations of identity theft is because there are various ways to charge the same conduct. Due to the fact that identity theft can be charged in various ways, a single act can result in two or three seperate charges. Ultimately a person who takes five checks or prints five checks from the same account number can face 15 different felony allegations.If you or someone you know has been charged with identity theft, contact the Law Office of Daniel K Martin

Drug cases

Daniel K Martin has traveled around the United States representing people charged with narcotic offenses including possession for sale, transport for sale and manufacturing narcotics in Illinois, Nebraska and California. I have successfully petitioned courts to suppress evidence and dismiss drug offenses. Fourth Amendment search issues are common with drug offenses. Mr. Martin will review the police reports in your case and if relevant the search warrant or arrest warrant and determine if there is a basis to have the evidence suppressed.If the evidence cannot be suppressed and there is no other basis to have the case dismissed Mr. Martin get a treatment assessment and negotiate a plea agreement that will allow you to attend a program. Mr. Martin has fought for people charged with possessing $20 worth of drugs and people charged with manufacturing $10,000,000 worth of drugs and everything in between.

Gang cases

Allegations of participation in a gang, also called criminal street gang are very serious. Many people who get in trouble with their childhood friends are shocked to learn that they have been charged with a gang crime or their underlying charge has been enhanced with an allegation that the crime was commited at the direction, for the benefit or in association with a criminal street gang.Crimes that are normally punishable by a few years in prison turn into life top cases when gang enhancements are added. It is very important to consult with and hire a criminal defense attorney if you or someone you know has been charged with a gang charge.

WARRANTS

Warrants

Mr. Martin Can Help

If you have a warrant for your arrest or you have been served with a search warrant in or around Fresno, Mr. Martin can help.
If you have discovered that there is a warrant for your arrest, contact the Law Office of Daniel K Martin today to schedule a free consultation. Mr. Martin will explain your options and help answer your questions. He can also put you on calendar and help you deal with the warrant without going to jail in most cases. Mr. Martin works in Fresno courts everyday, he knows the clerks in the calendaring departments and the judges clerks. Whatever you do make sure you speak to a lawyer before you speak to law enforcement about a warrant because you have certain rights. A lawyer will help you preserve those rights and get the best possible outcome for your case.

Arrest Warrants

An arrest warrant is issued by a judge based on a statement from a member of law enforcement or on the judge's own knowledge.

For example if you miss a court date the judge will issue what is often referred to as a 'bench warrant'. The term bench warrant come from the fact that the judge issued the warrant while he was on the bench.

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CONTACT

1801 Broadway Street Suite 220 Fresno, CA 93721

Contact Us

Free consultation(559) 761-8834

Here is something that you will not see everyday. Mr. Martin has insisted that his personal mobile phone number be listed on this site.

As you can imagine, it is difficult to connect with Mr. Martin because he is usually in court, the jail or meeting with clients.

The best way to contact Mr. Martin using his mobile number is to text message him. (This is also known as SMS messaging)

Mr. Martin will usually respond to text messages within a few minutes.

(559) 761-8789

COURTS

Daniel K Martin represents clients all over California. Including these cities and these courts:

Fresno county courts: Clovis, Coalinga, Firebaugh, Kingsburg, Reedley, Sanger, Selma, Federal Court and Juvenile Justice CampusMadera County: Bass Lake, MaderaMerced County: Merced, Los BanosTulare County: Visalia, Porterville, Tulare, DinubaKings County: HanfordStanislaus County: Modesto, StocktonKern County: BakersfieldMr. Martin also represents clients charged with federal charges in the Eastern District of the 9th Circuit of the United States Federal Court in Central California.He also represents clients in the Fifth District Court of Appeal of California and in juvenile adjudications in all of the counties listed above. Expunge your convictionMr. Martin can help you with expungement and sealing your prior convictions. California has a process for cleaning up your criminal history record. The process is fairly straight forward however a criminal defense attorney can assist you in obtaining an expungment or sealing your record. Call today to schedule a free consultation to discuss your case. (559) 761-8834

Law Office of Daniel K Martin

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