Michael McKneely
Attorney at Law

The United States Supreme Court today affirmed an injunction by a three-judge panel requiring California to release prisoners so that within two years the state’s prisons are at no more than 137.5% of their designed occupancy limits. (Read the high court’s opinion in Brown v. Plata here.)

The decision is very interesting for a number of reasons.  (more…)

KFSN 30 in Fresno reports that Fresno police chief Jerry Dyer is considering posting the names and photos of people arrested for soliciting prostitution on social networking sites like Facebook in an effort to deter prostitution in Fresno. (more…)

Two Los Angeles Police Department officers were awarded $2 million by a civil jury today.  The reason:

“Officers Howard Chan and David Benioff, veteran motor officers with the LAPD’s West Traffic Division, sued the department in 2009, alleging that their captain mandated each motor officer to write 18 tickets a day, according to the suit. (more…)

Today’s Episode of Holier than Thou: Paris Hilton’s Drug D.A. Has His Own Drug Charges

David Schubert, a prosecuting attorney in Las Vegas who successfully prosecuted Paris Hilton for possession of cocaine, was himself arrested for possession of cocaine recently. This should serve as a reminder to all prosecutors that simple drug possession offenses are usually indicative of  an addiction, and not of moral inferiority.  It likely won’t.

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I’ve seen a wide variety of criminal cases during my career and I am always amazed when I review police reports that contain client confessions. (more…)

DA Needs to Keep Eye on Police

Fresno County’s Grand Jury just released a recommendation that the District Attorney’s Office resume investigating officer involved shootings and I agree.

When I was a deputy district attorney I remember hearing about one officer who (more…)

Of Course We Plead Not Guilty!

It seems everywhere I turn–from newspapers to radio to TV–I hear stories about criminal cases headlined by the news that so-and-so pleads “not guilty” (e.g. “Jackson’s doc pleads not guilty in star’s death”).  This just isn’t news.

In order to start the ball rolling criminal defense attorneys will enter a plea of not guilty.  It’s the way the system works. It’s what starts the clock on the client’s speedy trial rights and keeps the system moving.  Any other plea at this early stage would be (more…)

Alternatives to Jail Include Inpatient Programs

I spend time each day representing court-appointed clients who can’t be represented by the public defender’s office.  Often among the first things they’ll say to me is “I want a program.”

Behind this question is the fact that most of the criminal cases in court, in my experience, have an alcohol or drug addiction component. Most folks who find themselves on the wrong end of the courtroom (more…)

A Pre-Sentence Taste of State Prison

Roman Polanski was sent to a state prison for a 90 day diagnostic study prior to being sentenced for his late 70′s misconduct with a minor.  Prior to his sentencing the judge indicated he was going to break the plea bargain that Polanski entered into and Polanski fled.  That 90 day diagnostic tool (more…)