1. The Law Office of Brian C. Andritch
Practice Focus: DUI/DWI defense, criminal defense, drug offenses, sex crimes, theft, weapons charges, white collar crimes, federal crimes
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, sex crimes, theft, weapons crimes, white collar crimes, federal crimes, domestic violence, violent crimes
Legal Services: Trial defense, plea negotiations, motion practice, preliminary hearings, jury trials, sentencing advocacy, DMV hearings, appeals
Background: Brian C. Andritch has over 20 years of experience in criminal defense. He spent nearly eight years as a Deputy District Attorney for Fresno County before transitioning to criminal defense work. His prosecutorial experience provides insight into how the prosecution builds cases. Mr. Andritch has comprehensive knowledge of California criminal law and Fresno County court procedures.
Location: Fresno, CA
Contact: (559) 484-2112 | (559) 785-2372 | https://www.fresnodefense.com
Consultation: Available around-the-clock (24/7)
2. Schweitzer & Davidian
Practice Focus: Criminal defense, DUI/DWI, robbery, sex crimes, drug offenses, violent crimes, domestic violence
Case Types Handled: Felonies, misdemeanors, DUI/DWI, robbery, sex crimes, drug offenses, violent crimes, domestic violence, theft, assault, weapons charges
Legal Services: Trial defense, plea negotiations, motion practice, jury trials, preliminary hearings, suppression hearings
Background: Eric H. Schweitzer and the firm’s attorneys have over 25 years of combined experience in criminal defense. The firm handles cases throughout Fresno County, including Clovis, and Visalia and surrounding areas. The firm has received word-of-mouth referrals from other law firms across the country for complex criminal defense matters.
Location: Offices in Clovis and Visalia, California (serving Fresno County)
Contact: (559) 206-2322 | https://www.avoidjail.net
Consultation: Free consultation available
3. Michael McKneely, Criminal Defense Lawyer
Practice Focus: Criminal defense, DUI/DWI, drug crimes, sex offenses, federal crimes, weapons charges, theft, embezzlement, white collar crimes, juvenile defense
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug crimes, sex offenses, federal criminal charges, weapons charges (including unlawful possession, open carry violations), theft, shoplifting, embezzlement, money laundering, conspiracy, juvenile delinquency
Legal Services: Trial defense, plea negotiations, motion practice, jury trials, preliminary hearings, federal court representation, juvenile court representation
Background: Michael McKneely has more than 15 years of legal experience and over a decade of courtroom experience as a prosecutor, court-appointed defense attorney, and private criminal defense lawyer. His trial experience includes cases in both prosecutorial and defense capacities. He handles cases in Fresno and surrounding areas, as well as federal courts nationwide.
Location: Fresno, CA
Contact: (559) 443-7442 | https://www.fresnocriminalattorney.com
Consultation: Available
4. Law Offices of Tina M. Barberi, PC
Practice Focus: DUI/DWI defense, criminal defense, traffic violations, expungements
Case Types Handled: Felonies, misdemeanors, DUI/DWI, traffic violations, drug offenses, domestic violence, theft, expungements
Legal Services: Trial defense, DMV hearings, plea negotiations, expungements, Prop 47 relief petitions, motion practice, court representation
Background: Tina M. Barberi has over 24 years of experience in DUI, criminal, and traffic defense in Fresno, California. The firm has earned a reputation for achieving favorable outcomes including case dismissals and reduced charges. The practice focuses on providing personalized attention to each case while maintaining affordable rates.
Location: Fresno, CA
Contact: (559) 447-1240 | https://www.fresnodefenders.com
Consultation: Free consultation available
5. Luton Law Office
Practice Focus: Criminal defense, DUI/DWI, murder, drug offenses, sexual assault, burglary, domestic violence, juvenile crimes, prison offenses
Case Types Handled: Felonies, misdemeanors, murder, DUI/DWI, drug offenses, sexual assault, burglary, domestic violence, juvenile crimes, prison offenses
Legal Services: Trial defense, plea negotiations, jury trials, appellate representation, expungements, post-conviction relief
Background: Sam Luton has over 25 years of experience in criminal law. He is both a criminal defense lawyer and former deputy district attorney, providing perspective from both sides of the courtroom. He has defended thousands of criminal cases. Mr. Luton provides representation throughout the San Joaquin Valley. He graduated from an accredited law school and has appeared as defense counsel in courts throughout the region. The firm emphasizes trial advocacy and one-on-one counsel with each client.
Location: Fresno, CA
Contact: https://www.lutonlawoffice.com
Consultation: Available
Criminal Defense Regulations in California
The State Bar of California regulates all attorneys practicing in California. Attorneys must pass the California Bar Examination or qualify through alternative admission pathways, pass the Multistate Professional Responsibility Examination (MPRE) with a minimum score of 86, and pass the First-Year Law Students’ Examination (for those attending unaccredited law schools). Attorneys must complete Continuing Legal Education requirements including 25 hours of MCLE every three years, with requirements including legal ethics, elimination of bias, and competence issues (including substance abuse and mental health).
California offers Legal Specialization through the State Bar’s Board of Legal Specialization. Criminal Law Specialization requires a minimum of 5 years in practice, substantial involvement in criminal law (at least 25% of practice), completion of continuing legal education in criminal law, passing a written examination, and favorable evaluations from references including judges and attorneys.
California’s public defender system operates at the county level. The Fresno County Public Defender’s Office provides representation to indigent defendants in criminal cases. Eligibility for public defender services is based on financial guidelines established by the court. If the public defender has a conflict of interest, the court may appoint alternate defense counsel or private attorneys through conflict panel contracts.
California classifies crimes into three categories: infractions, misdemeanors, and felonies. Felonies are further classified by sentencing ranges: low term, middle term, and high term. “Wobbler” offenses may be charged as either felonies or misdemeanors at the prosecutor’s discretion. “Straight” felonies must be charged as felonies and cannot be reduced. Serious felonies are defined under Penal Code Section 1192.7(c), and violent felonies are defined under Penal Code Section 667.5(c). California uses determinate sentencing for most felonies, with sentencing enhancements for prior strikes (under the Three Strikes Law), use of weapons, gang involvement, and other aggravating factors.
California does not have the death penalty as an active sentence. In March 2019, Governor Gavin Newsom issued an executive moratorium on executions. However, the death penalty remains on the books for certain first-degree murder cases with special circumstances.
California expungement under Penal Code Section 1203.4 allows eligible individuals to petition to withdraw a guilty or no contest plea and have the case dismissed. Expungement is available for most misdemeanors and some felonies. To be eligible, the individual must have completed probation (or obtained early termination), not be currently serving a sentence or charged with another crime, and not be required to register as a sex offender. “Wobblers” may first be reduced to misdemeanors under Penal Code Section 17(b) before expungement. Senate Bill 731 (effective July 1, 2023) expanded expungement eligibility to certain felonies that resulted in state prison sentences, provided at least two years have passed since completing the prison term. Assembly Bill 1076 established automatic record relief for certain convictions, eliminating the need to file a petition in qualifying cases. Serious felonies, violent felonies, and sex offenses requiring registration are generally ineligible for expungement.
California bail is governed by county bail schedules that set presumptive bail amounts based on offense type. Judges may deviate from the schedule based on flight risk, public safety, and other factors. In 2021, the California Supreme Court ruled in In re Humphrey that courts must consider a defendant’s ability to pay when setting bail and must consider non-monetary conditions of release. Fresno County Superior Court handles felony arraignments and bail hearings.
Frequently Asked Questions
What are the penalties for a first DUI offense in Fresno County?
A first DUI offense in California under Vehicle Code Section 23152 is typically charged as a misdemeanor. Penalties may include 3 to 5 years of informal (summary) probation, up to 6 months in county jail (though jail time is often suspended or converted to alternative sentencing), fines of approximately $390 to $1,000 plus penalty assessments (totaling $1,500 to $2,600), completion of a DUI education program (typically 3 months for first offense, or 9 months if BAC was 0.20% or higher), license suspension by the DMV (4 months for first offense, or 1 year if you refused chemical testing), and installation of an ignition interlock device. A DMV administrative hearing must be requested within 10 days of arrest to contest the license suspension.
How does the arraignment process work in Fresno County Superior Court?
After arrest and booking, felony defendants typically have an arraignment within 48 hours (not counting weekends and holidays) if in custody, or at a later scheduled date if released. At arraignment, the court informs the defendant of the charges, constitutional rights (including the right to an attorney, right to a speedy trial, and right to confront witnesses), and potential consequences. The defendant enters a plea of guilty, not guilty, or no contest. The court addresses bail or release conditions and sets dates for future proceedings, including preliminary hearing (for felonies) or pretrial conference. Misdemeanor arraignments in Fresno County may be handled by the Fresno County Superior Court or by local justice courts depending on where the offense occurred.
What is a preliminary hearing in California and when does it occur?
A preliminary hearing is a court proceeding for felony cases where the prosecution must demonstrate probable cause to believe the defendant committed the charged offense. Under California law, the preliminary hearing must occur within 10 court days of arraignment if the defendant is in custody (or within 60 days if out of custody), unless the defendant waives time. At the preliminary hearing, the prosecution presents evidence and witnesses, and the defense may cross-examine witnesses and present limited evidence. The judge determines whether sufficient evidence exists to hold the defendant to answer on the charges. If the judge finds probable cause, the defendant is “held to answer” and the case proceeds to Superior Court for trial. If probable cause is not established, charges may be dismissed (though the prosecution may refile).
Can I get my felony conviction expunged in California?
Many felony convictions can be expunged under Penal Code Section 1203.4 if you completed probation (or obtained early termination), are not currently serving another sentence or facing charges, and the offense is not excluded from expungement eligibility (such as certain sex offenses requiring registration). For “wobbler” offenses, you may first petition to reduce the felony to a misdemeanor under Penal Code Section 17(b), then seek expungement. Senate Bill 731 (effective July 2023) expanded eligibility to include certain felonies that resulted in state prison sentences, provided at least two years have passed since completing the sentence. Serious and violent felonies as defined in Penal Code Sections 1192.7(c) and 667.5(c), and offenses requiring sex offender registration, generally remain ineligible. Expungement allows you to withdraw your guilty plea and have the case dismissed, releasing you from most penalties and disabilities, though it does not restore firearm rights or eliminate the duty to disclose in certain professional licensing applications.
How do I obtain a public defender in Fresno County?
If you cannot afford to hire a private attorney, you may request appointment of the Fresno County Public Defender at your arraignment. The court will require you to complete a financial declaration under penalty of perjury, detailing your income, assets, and expenses. The judge determines eligibility based on financial guidelines. If you qualify, the Public Defender’s Office is appointed to represent you at no cost. If the Public Defender has a conflict of interest (such as representing a co-defendant), the court may appoint alternate counsel or a private attorney from the conflict panel. You may also be ordered to reimburse some attorney fees if your financial situation changes or if you are later found to have understated your resources.