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Law Office of Daniel K. Martin Home

Payment Plans available in most cases

Daniel K Martin has practiced criminal defense law in and around Fresno for years. He can help you with cases in Fresno as well as other cities in the San Joaquin Valley. Here is Mr. Martin can help with Fresno area criminal case:Mr. Martin can meet with you and your family in person and explain the charges that you are facing including the maximum sentence that you are facing and his educated and experienced estimation about the most likely final outcome of your case.Once Mr. Martin has enough information about your case he will tell you how much his fee is and how it is to be paid. If you retain Mr. Martin he will attend the court hearing with you or if you are charged with a misdemeanor he can attend the court hearing for you without you being forced to take time off work or to travel to the court to appear. If you have not been to court yet then the initial appearance will be an arraignment. This is an opportunity to learn the exact charges and enhancements that have been filed against you and to set the bail amount or request release on your own recognizance. If the bail amount is too high Mr. Martin or excessive Mr. Martin can prepare a motion to reduce the bail and argue that motion at a special hearing that will be set for that purpose. Once Mr. Martin has read the police reports and met with you about what the reports say he will attend the next court hearing and discuss your case with the deputy district attorney. If you have been charged with a felony in Fresno Superior Court that hearing is called a pre-preliminary hearing however different courts have different names for this hearing. If you were charged with a misdemeanor in Fresno Superior Court the hearing is called a jury motion. Most DUI cases and domestic violence cases are misdemeanors so in those cases the hearing is a jury motion. Preliminary HearingIn felony cases the next step is usually preliminary hearing. This is an important step in the process and it is only conducted if a plea agreement cannot be reached. I often describe preliminary hearings as a miniature trial without a jury. Witnesses will be called to testify by prosecutor. The prosecutor must present evidence that a crime occurred and the defendant perpetrated the crime. Defense attorneys are not required to however they can call their own witnesses or they may choose to limit the evidence to the testimony of the prosecutors witnesses and the defense attorneys cross-examination of the witness. At the conclusion of the hearing the prosecutor will ask the judge to hold you to answer for the charges that he believes have been established by the evidence. Mr. Martin will argue against a holding order if the evidence is insufficient to establish that a crime has occurred or that you committed a crime. The preliminary hearing somewhat labor intensive. Witnesses must be subpoenaed and interviewed before the preliminary hearing is held. For this reason prosecutors try to resolve the case before the preliminary hearing in most cases. Sometimes prosecutors will make an offer to settle a case with the condition that the offer will not be available after the preliminary hearing. Mr. Martin will weigh the risks and benefits of a plea bargain in your case and you will decide whether you want to settle your case or go to trial.When cases do not settle a trial will be held to determine innocence or guilt. Defendants in misdemeanors and felonies are entitled to have either a court trial without a jury or a jury trial. Most cases never go to trial because they settle before going to trial. Historically more than 90% of cases settle without going to trial. Mr. Martin has represented many people in jury trials including the most serious trials, homicide trials.
Rights

The Right to Remain Silent

One of the most important rights we have as Americans is the right to remain silent. Many people do not realize how important this right is. In the United States everyone has the right to remain silent. A jury cannot consider why the person did not testify or consider for any purpose that the defendant did not testify. The reason we have this rule is that statements by defendants outside of court are admissible in court as admissions. It is important to note that the law considers anything the defendant said outside of court to be an admission. The legal definition of an admission is not the same as you or I would define an admission. People Talk their way Into Jail, Not out of JailFresno County Jail Would Be Practically EmptyIf everyone asserted their right to remain silent in Fresno County, the Fresno County Jail would not be overcrowded. I really mean that. These days there is a lot of talk about Sheriff Margaret Mims releasing inmates from the Fresno County Jail but I can honestly tell you that the jail would not be overcrowded if more Fresno residents asserted their right to remain silent. One of the most important things to consider about statements made to law enforcement is they can be twisted. Imagine if you will an innocent question about where you were on a given night. You reply that you were at a friend's house. Now imagine that your friend is out of town when law enforcement attempts to question him. Or your friend mistakenly says that the last time he saw you was Wednesday instead of Thursday. Any number of things could go wrong however if something you said is contradictory to something another person reports, you will be considered a liar. So far we have not discussed the possibility that the officer mis-understood your statement. A recent case I worked on included a perfect example. The client was not driving, rather his uncle was driving. The client and the uncle got into an argument and the uncle took off walking. Police approached the client and asked 'where are you heading from?' The client reported that he was coming from a local bar. The police officer wrote his report that said that the client admitted driving from the local bar. In fact the client did not say that he was driving from the local bar, he reported that he was coming from the local bar. The possible misunderstandings are numerous and cannot be covered here. With a little imagination you can see that speaking to law enforcement about your case is not a good idea. Your attorney on the other hand is not bound by these evidentiary rules. Things that your attorney says out of court are inadmissible in court. Your attorney can approach the District Attorney and say 'I have personally talked to all three of your witnesses and I can tell you that their statements do not match the statements in the police reports.'The right to remain silent is a fundamental right and it is crucial that you exercise this right when you come into contact with law enforcement. You can explain to the officer or deputy that you know a lawyer or you have read that you should not speak to law enforcement without your attorney present. You can go on to say that once your attorney is present you will confer with him or her and cooperate to the extent that your lawyer advises you to. Every defense attorney will tell you that you should not speak to law enforcement. There is absolutely no reason to speak to law enforcement, except to make the occasional crime report. Other than that, the only reason a member of law enforcement wants to speak with you is to obtain information that he can later use to incriminate you. It is logical that police officer only wants to speak to you because they are trying to incriminate you. When was the last time you spoke to a plumber who wanted to know how the electricity in your home was working?Plumbers do not ask about the electric in your home because they are not concerned about the electricity in your house. Plumbers are only concerned about the plumbing in your house because they only get paid to fix your plumbing and because the only thing they are trained to understand is the plumbing in your house.Protect yourself and stay out of the Fresno County Jail or the Merced County Jail or any other jail and just assert your right to remain silent.
DUI

DUI or Driving under the influence

Very Important: If you have been cited for Drunk Driving in California you only have ten days to request a DMV hearing or you automatically lose your driving license. We can help you request that hearing and attend the hearing for you.Fresno Drunk Driving CasesIf you have been cited for DUI in Fresno, CA, you should be aware of Fresno's history with DUI, the Fresno DUI Scandal and how this affects you. A number of years ago Fresno County had a District Attorney that pretty popular in Fresno but he had a drinking problem. On a number of occasions he was contacted by law enforcement while driving drunk. It has been alleged that he was allowed to go home and charges were never filed. Eventually there were accidents that involved drinking. Fresno residents learned that the D.A. had been getting away with Drunk Driving for a while. The next election brought a new District Attorney who campaigned on the promise that nobody would have their drunk driving case dismissed in Fresno County as long as she was the district attorney. Fresno District Attorney Elizabeth Egan has delivered on that promise. You are more likely to have a homicide case dismissed in Fresno county than you are to get a DUI dismissed in Fresno. Drugs or AlcoholThere are multiple forms of DUI in California. You can be charged with DUI for driving while under the influence of alcohol and you can be charged with DUI for driving while under the influence of a drug. Regardless of whether a person has been charged with a DUI based on drugs or alcohol, the punishment is the same. DUI Prior OffensesThe punishment for DUI in California increases with each new offense within ten years. This means that a person who is convicted of DUI once must be very careful because a new offense will result in increasingly harsh punishments. In California the law looks at a ten year period. For example a person who was convicted of DUI in 2003 and then again in 2011 would be punished as a second time DUI.Second Time DUI The punishment for a second time DUI is more severe than a first time DUI. You will loose your license for two years. However you may get a restricted license after one year. You will have to have a ignition interlock device installed on every vehicle registered in your name. The fines for a second DUI go up to $2,800. You will also have to attend a DUI class. The repeat offender DUI class is 18 months long. Rising BAC defenseOne popular defense to a DUI charge is raising BAC. BAC stands for blood alcohol level. A rising BAC defense is an affirmative defense that says 'yes the alcohol level in the defendant's blood was over th legal limit at the time it was tested, however when the defendant was driving the BAC was not above the legal limit. In California it is illegal to drive with a BAC of .08% or higher if you have never been convicted of a DUI. There is another crime that can and usually is alleged that makes it illegal to drive with any drug or alcohol in your system if, as a result of the drug or alcohol you are unable to drive with reasonable caution that an ordinary person would have in a similar situation. Essentially a rising BAC defense says that a driver was not driving with a BAC of .08% or higher at the time they were stopped, however due to the delay caused by law enforcement the BAC was higher when the blood was taken or the breath was examined. A rising BAC defense is expensive because a doctor or Nurse Practitioner must testify at trial and explain how alcohol is absorbed. Then the expert must testify to their opinion that the defendant was not driving impaired or with a BAC of .08% or higher at the time they were stopped.A Fresno Criminal Defense Lawyer can help you with a DUI if you have been charged with a DUI in Fresno, you should contact a Fresno Criminal Defense Lawyer.

Drug Cases

Drug Offenses

Drug offenses are severely punished in California. Fresno County and the surrounding counties like Tulare, Madera and Merced County all narcotics cases very serious. You should retain an experienced criminal defense lawyer to help you with your case. Possession of a controlled substanceHealth and Safety Section 11377 is a felony and punishable by 16 months, two years, or three years in prison. If a person is only charged with possession of a controlled substance and no additional charges they may be eligible for Prop 36 or PC 1000. Pop 36 offers defendants the opportunity to participate in a treatment program, if they complete the program the charge is dismissed as if the person was never charged. Penal Code 1000 programPenal Code 1000 (commonly known as PC 1000) refers to a drug treatment program that first time drug offenders who were not charged with non-drug related crimes can participate in. The program takes 18 months to complete and requires a lot of effort on behalf of the participant. The advantage to PC 1000 is that the case will be dismissed if you complete the program. The record of the arrest will still be there and anyone who checks your CLETS record will be able to see that a case was filed however it will show that it was dismissed. * You will be allowed to withdraw your plea and the case will be dismissed as if it were never filed. You will not have to disclose this arrest to anyone. The arrest record cannot be used in any way to affect your employment or a professional license. Prop 36 Drug Treatment programProp 36 is another drug treatment program in California. Prop 36 is more formal than PC 1000 however it is still a drug program. If you participate in Prop 36 you will have to drug test regularly attend AA or NA meetings and go to court pretty often. As long as you do not pick up a non-drug related case or violation you cannot be violated kicked out of the program for testing dirty. You can be given two days in jail however and it happens three times or more you may be found un-amenable to treatment and kicked out of the program.The other man difference with Prop 36 is that even if you successfully complete treatment there are situations where you will have to disclose the conviction. This is because unlike PC 1000, you will not be allowed to withdraw your plea rather the case will be dismissed by the judge. You must tell police officers about the case if they ask, you must disclose the case if you apply for a position with law enforcement and you must disclose the conviction in any application with the California Lottery.Possession for sale of a controlled substancePossession for sale of a controlled substance is defined in Health and Safety Section 11379. There are various California laws that punish the sales of narcotics. Most of these crimes are punishable by two years, three years or four years in prison or probation if it is a first offense.Occasionally I run across a defendant that claims that he is not guilty of this crime because he was giving the drugs away. Unfortunately the law defines Possession for sale as the selling, furnishing or giving away of a controlled substance. This brings me to another issue that is best covered under the subject of 'The Right To Remain Silent."Frequently there are search and seizure issues with narcotics cases. A good defense attorney will review the police reports and determine whether or not the police had the authority to search you. Police and Sheriff Deputies are not lawyers, they are not trained to assess all of the factors to determine whether or not a search is legal.I have found that the small police departments around Fresno are the most frequent violators of search and seizure laws. Fresno Police department generally trains their officers pretty well and Fresno County Deputy Sheriffs are generally knowledgeable, with California Highway Patrol Officers being the best informed and most difficult to challenge in court. Clovis Police Department is notorious for having more time to investigate and they are ultimately more thorough. For example most Clovis Police Department crime reports include color photographs. Fresno Police Department will occasionally take photos but if you want to see them you have to supply a disk that they will copy the images on because they do not want to pay for the printing. The following police departments often conduct investigations or arrest people in a way that can be easily challenged however only a lawyer will be able to tell you if there is a basis for a challenge.Reedley Police DepartmentCoalinga Police DepartmentSanger Police DepartmentSelma Police DepartmentKerman Police DepartmentParlier Police DepartmentHuron Police DepartmentI do not intend to disparage these departments, I am simply sharing my experience. If you have been charged with a drug offense in Fresno, CA contact a Fresno Criminal Defense Lawyer to discuss your case as soon as possible. * CLETS refers to the California Law Enforcement Telecommunication System, it includes a record of cases filed, arrests and dispositions. CLETS is frequently incorrect.

Theft Offenses

There are various different types of theft offenses. Every different type of theft offense carries different potential punishments. If you or someone you know has been charged with a theft offense in Fresno County, here is some information about the various theft offenses.RobberyRobbery is the taking of property from another person in the presence of the person through force or threat of force, including force used to get away. Robbery is a strike and is punishable by up to four years in prison.An Estes robbery is a type of robbery and it is punished the same as any other robbery. An Estes robbery is a theft such as shop lifting that becomes a robbery when force is used or threatened to get away. The classic Estes robbery happens when a person shoplifts something and then fights with loss prevention officers to get away. BurglaryBurglary is defined within Penal Code Section 459 & 460 . Burglary is the breaking and entering of a place with the intent to commit a felony. If the place that was entered is a business then the crime is a commercial burglary. If the place that was entered is a home then the crime is a residential burglary. Residential burglary is a strike.Identity TheftThe unauthorized use of identifying information to obtain goods or services is called Identity Theft in California. Fresno County has a team of prosecutors at the District Attorney’s office that is dedicated to prosecuting identity theft. Every year many people are charged with identity theft in Fresno. The punishment for identity theft can effectively mean life in prison because many people who are arrested for identity theft are charged with more than a hundred separate offenses. A single count of identity theft is punishable by 16 months, two years or three years in prison however they can add up.Receiving Stolen PropertyCalifornia Penal Code 496 says ‘Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a state prison, or in a county jail for not more than one year.’You will notice that the statute requires that a person knows that something is stolen. The prosecutor can introduce circumstantial evidence to establish that you knew something was stolen or if you admitted that you knew your statement will be admitted as direct evidence that you knew the property was stolen. A good defense attorney can help you challenge the allegation that you knew and defeat that element of the crime. Vehicle theftVehicle theft can be charged in a number of ways in California. Vehicle Code Section 10851 criminalizes the unlawful driving or taking of a vehicle. In Fresno County prosecutors will often file an alternative allegation of Penal Code Section 496 (d), receiving stolen property (Vehicle) as an alternative allegation. Another possible charge in California for vehicle theft is Penal Code 487, Grand Theft Auto. In Fresno it is unusual to see prosecutors charge Grand Theft Auto, they opt instead to allege the previously mentioned statutes. Cases in and around Fresno have their own unique flavor. If someone you know has been charged with a theft offense, consult a Fresno criminal defense lawyer to discuss your case.

Sex offenses

Sex Offenses

Sex offenses such as sexual assault, rape and child molestation are serious charges. The mere allegation of a sex offense threatens to ruin a person's life.Child PornographyThese cases are serious and can ruin a person’s career even if the basis of the allegation is an error or inadvertent download. Each image is a separate case so you can see that a single computer’s hard drive can include enough images to result in a sentence that effectively amounts to a life sentence.Sometimes clients ask me ‘how can they prove that I downloaded those pictures, it could have been anyone that used my computer?’ Certainly criminal defense attorney make the same argument however more often than not charges are only filed when there is an admission or evidence that shows knowledge. Sometimes it is membership in online group or a credit card payment. Child Molestation California Penal Code 288 (a) reads in part, ‘any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided ..in another statute.. upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.The problem with child molestation cases is that a single allegation of abuse by a child is enough to ruin a person’s life. Most of the time there is no physical evidence because many allegations are just touching or the allegation is made long after the crime is alleged to have occurred. Everyone has heard the expression innocent until proven guilty and that is an accurate statement of the law however when it comes to an allegation of child molestation I find that defendants must disprove the allegation instead of being presumed innocent. The most important thing to do with an allegation of child abuse or any sex offense for that matter is to find out what the complaining witness’s motivation to lie is. Is there an ongoing custody dispute involved? Has the complaining witnesses been an actual victim before? Statutory RapeMany people do not realize that it is illegal to have sex with a minor even if you are a minor. This means that a boy can be charged with a felony for having sex with his girlfriend when they are both 17 years old. It is important to consult an attorney as soon as you discover that an allegation has been made against you. Whatever you do, do not speak to the police without an attorney present. A conviction for a sex offense can result in being required to register as a sex offender. Registration can be embarrassing. Registering as a sex offender can also make it difficult to obtain gainful employment.

Gang Cases

People charged with gang charges or gang enhancements must be very careful because sentences in gang cases can be extremely harsh. Often, simple offenses that are punished by a few years in prison are turned into life sentences when gang enhancements are added. Most law enforcement organizations in California use ten criteria to validate gang members. Although it varies from department to department if a person meets two or three of the following ten criteria they will be validated as a gang member by law enforcement. Most law enforcement will consider the single criteria of self admission to be a stand alone factor that does not require any other criteria.Admits gang membership or associationIs observed to associate on a regular basis with known gang membersHas tattoos indicating gang membershipWears gang clothing, symbols, to identify with a specific gang.Is in a photograph with known gang members and or is using gang related hand signs.Name is on a gang document, hit list or gang related graffiti. Is identified as a gang member by a reliable source.Arrested in the company of an identified gang members or associates.Corresponds with known gang members or writes and or receives correspondence about gang activities.Writes about gangs (graffiti) on walls, books, paper, etc.If a person is known by law enforcement to meet two or three of these criteria they will be validated by law enforcement as a gang member. Fresno County Sheriff has a policy of validating people with only two criteria listed above. And only one criteria if it is self admission. Fresno Police Department considers a person to be a gang member if they meet three of the criteria listed above. Or one if they self-admit.Substantive Gang ChargePenal Code Section 186.22 defines the substantive gang charge. Technically it is called street terrorism and it is defined as actively participating in a criminal street gang who's primary purpose is committing crimes that are predefined, with knowledge that the groups primary purpose is committing those crimes and associating with, furthering, or promoting the group. Penalties for gang charges and enhancements are very serious, if you or someone you know has been charged with a gang charge contact Fresno criminal Defense lawyer Daniel K. Martin right away.

Bio

Daniel K. Martin, Esq.

Education

Daniel K. Martin graduated from San Joaquin College of Law with a Doctorate of Jurisprudence.

Mr. Martin also has a Masters of Art in Organizational Behavior.

Work Experience

Mr. Martin has worked at the Tulare County Public Defender's Office, the Alternate Defense Office in Fresno, CA, and for the last five years he has worked for himself and his clients at The Law Office of Daniel K. Martin.

Mr. Martin has represented clients facing DUI charges, including jury trials and DMV hearings. He has also represented countless people facing felony charges in State and Federal Courts. In every case Mr. Martin fights hard for his clients, working hard to get the best possible outcome in each case.

Mr. Martin knows that being charged with a crime is a stressful situation with a lot of uncertainty, he is patient and supportive. He will answer all of your questions and help you understand what to expect during the process.

Homicide Cases

Every defense lawyer has a different amount of experience. One of the primary factors used in determining the level of experience a lawyer has is the number of homicide trials a lawyer has tried. Mr. Martin has tried many homicide trials. Fighting hard to investigate possible witnesses and affirmative defenses. Finding alibi witnesses and revealing false statements from officers.

Press

Fresno defense lawyer, Daniel K. Martin has been featured by local and national media outlets several times over the years.

In recent years, Mr. Martin was instrumental in exposing corruption within Fresno Police Department.

The video below from ABC News, discusses a case that Mr. Martin worked on that exposed corruption in Fresno Police Department. Mr. Martin was able to secure a plea bargain for his client that was about 1/5th as long as the client would have received if it were not for Mr. Martin's hard work and deligent representation.

Harrassment Exposed

The video above features Mr. Martin discussing his work to expose harrassment his client suffered while in custody at the Fresno County Jail.

As a result of Mr. Martin's work in this case, the correctional officer was terminated and Mr. Martin's client recieved a misdemeanor plea bargain that allowed him to avoid a 13 year minimum sentence that he had been facing.

Contact

Contact us Get a hold of The Law Office of Daniel K. Martin and speak directly with Daniel Martin for a Free 30 minute consultation. Call (559) 761-8834 or complete the contact form below and we will contact you as soon as we can.

If you or someone you know has been charged with a crime, contact Fresno defense lawyer Daniel Martin right now to schedule a Free 30-minute consultation (559) 761-8834

Daniel K. Martin is licensed to practice law in California. State Bar Number 245013 Call for a Free consultation (559) 761-8834

Assault and Violent Crimes

Domestic Violence, Assaultive Crimes, and Violent Crimes

There are various types of assaultive crimes. Some of these crimes qualify as violent crimes. Violent crimes in California are treated differently than other crimes. People convicted of these crimes are limited to 15% good time, work time credits. Not all of the crimes listed below are considered violent crimes.

Domestic Violence

I began with this charge because it is the most common charge in Fresno. There are two departments of Fresno Superior Court dedicated to hearing domestic violence cases.

Domestic violence cases often involve high emotions and often tear families appart. More often than not the male is accused of victimizing a female. Often times the female depends on the income of the male to pay the bills.

In 2010 the California legislature enacted a law that protected alleged victims of domestic violence. This law says that victims of domestic violence cannot be jailed if they refuse to testify in court.

This is a powerful tool that can help couples guard against having their families torn apart as the result of an argument.

Assault with a deadly weapon or means likely

California Penal Code Section 245 comes in two varieties, means likely and deadly weapon. The difference between the two is very important. If you are convicted of assault with a deadly weapon you will have a Strike under California law.

Everyone who has a Strike under California law is subject to special rules. These rules include the following limitations, however there are additional rules:

The sentence on future felonies will be doubled

Defendant is limited to 20% good time/work time

Statutorily ineligible for probation in the future

Sentences must run consecutive

If defendant has two Strikes any future felony will result in a life sentence

People convicted of assault by means likely to cause great bodily injury without the enhancement of actually causing great bodily injury will not have a Strike on their record.

1801 Broadway, Suite 220

Fresno, CA 93721

Fresno Criminal Lawyer

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Practice Areas

Fraud

Identity Theft

Embezzlement

Workers Compensation Fraud

Receiving stolen property

Grand theft auto

Car jacking

Burglary

Shoplifting

Petty theft

Insurance fraud

Gang cases

Assault with a deadly weapon

Battery

Domestic Violence

Child endangerment

Possession of a controlled substance

Possession for sale of a controlled substance

Transport a controlled substance for sale

Sex offenses

Federal charges

Driving under the influence (DUI)

Hit and Run

DMV hearings

Fresno Criminal Lawyer

Although Daniel K Martin has an office in Fresno, he practices criminal defense law in various cities and towns throughout California. Here are a few of the cities that he practices in:

Fresno

Clovis

Merced

Bakersfield

Tulare

Madera

Modesto

Turlock

Visalia

Reedley

Kingsburg

Firebaugh

Coalinga

Hanford

Atwater

Los Banos