Prosecutors have dismissed a charge of child pornography possession against a Vineland School District teacher whose trial ended in a hung jury earlier this year.

A prosecutor said there was insufficient evidence to continue with another trial of Margarito Madueno after a jury hung 9-3 for not guilty in May. No additional evidence surfaced in the case between the mistrial and Monday’s dismissal of the charge, Deputy District Attorney Cole Sherman said.

Madueno was in possession of a SD chip that contained child porn. His attorney argued at trial that Madueno had found the card and, not knowing what was on it, picked it up to use later.

An FBI search of Madueno’s computers and other electronic devices did not turn up additional child porn, attorney Mark Anthony Raimondo said.

“The FBI report comes back and it’s absolutely negative,” Raimondo said Tuesday. “Not only was that (chip) never in any of his devices, no files from any of his devices were on the chip.”

He said prosecutors tried to get Madueno to enter a plea to a lesser charge after the mistrial, but he refused.

“He said, ‘Mark, I didn’t do anything wrong,'” Raimondo said.

Upon the charge being dismissed, Madueno “cried like a baby and hugged me,” Raimondo said.

Madueno, 33 at the time of his arrest in October, was a teacher at the Vineland School District. Raimondo said he expects he will remain employed with the district, which he said was “100 percent behind (Madueno)” throughout his legal ordeal.

Story Credit: Bakersfield.com

 
If you are arrested you need to seek advice from an experienced criminal defense lawyer in order to get the lightest sentence possible.
 
For many facing criminal charges in Kern County, the likelihood of spending months or maybe even years in prison is a great possibility. 
 
Bakersfield criminal defense attorney Mark Anthony Raimondo can help.
 
Raimondo says that that most people are in shock when they find out their loved one has been arrested and is in jail. And to make matters worse, they must then navigate the complex bail system, determining what the bail amount is, how to post the bail and if the bail amount can be changed.
 
The Eighth Amendment of the U.S. Constitution guarantees a person’s right of making sure that he or she will have no excessive bail amount set against them, although judges often use extremely high bail amounts to keep “high-risk” individuals from getting out of jail, if he or she feels that the public’s safety is at risk.  
 
The amount of bail required depends on the severity of the crime, and is set by local law enforcement, but can be raised or lowered by a judge.
This is where a good criminal defense attorney like Raimondo can help you through the process of posting bail, while protecting your Eighth Amendment rights.
 
For example, if you have been arrested, you want your bail to be set as low as possible. Even though, you might discover you still cannot afford to pay the bail.
 
When this happens, you must wait to ask the judge to lower the bail amount at your first court appearance. Depending upon your financial situation, the judge may decide to lower your bail amount, or not.
 
That’s why you need an experienced criminal defense attorney, if you are going to convince the judge that your bail should be reduced, and if should post bail immediately, or wait until after your arraignment.
 
And while posting bail immediately can allow your attorney to begin working on your case early, negotiating with prosecutors to either lower your charges or get the case completely dismissed. Waiting to post bail, forces prosecutors to decide whether or not to file charges more quickly.
 
If  you have been arrested in Kern County, you need to protect your rights and know your options. Especially when it comes to the bail process.
That’s why criminal defense attorney Mark Anthony Raimondo can help you, with his knowledge, understanding and passion to protect people and their rights.

Danielle M.    Attempted Murder 6 week old baby               LIFE                                       9 months/ Probation

Jessica B Hit and Run resulting in Death (VC 20001(b)(2))   1 yr County Jail and Probation

 

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Darwin P. Shooting at an occupied vehicle, gang enhancement (PC 246, 186.22)     2yrs to a Non-Strike Charge

 

Because no two cases are exactly the same, past results do not necessarily guarantee the results of your case.  However, we believe experience counts, and the above results are just a small sample of the successful career of Mark Anthony Raimondo.  For verification of any result contact Jerry (661) 487-9530.

Jacob P.       Multiple Child Molestation Counts victim under 10 (PC288.7; 288(a))   A single count only without force avoiding life

 

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Arvel S. Assault with Deadly Weapon (PC 245)   Non-Strike Credit for Time Served

 

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Herbert H. Possession of Cocaine for Sale 3 Prior Strikes (HS 11351.5) 2 prior Strikes Dismissed 8 years

 

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Ronald T. Rape by Force (261(A)(2))  2 yrs to Sexual Battery (Non-Strike)

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Sonie M. Battery and Possession by Inmate Two Prior Strikes (PC 4501.2)    Priors Stricken Romero Motion

 

Because no two cases are exactly the same, past results do not necessarily guarantee the results of your case.  However, we believe experience counts, and the above results are just a small sample of the successful career of Mark Anthony Raimondo.  For verification of any result contact Jerry (661) 487-9530.