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Aggressive Criminal Defense Attorney: What does that really mean?

The term,  "aggressive Criminal Defense Attorney" is a term that means different things to different people.  Some people believe that an aggressive criminal defense attorney is an attorney who is rude, aggressive, loud, demanding or otherwise aggressive toward the prosecution or even the judge.  While this may occur on certain circumstances, should rarely if ever occur.  As a criminal defense attorney I understand that i am the only person standing up for my client and speaking on his or her behalf in court.  If needed, I will advocate and argue to the best of my abilities. However, to me, the term "aggressive criminal defense" takes on a whole different meaning a majority of the time.

What the term, "aggressive criminal defense" means to me is that I pursue leads, interview witnesses, and present the case in the best light that helps my client receive the best outcome on their case.  Many times this is exactly opposite of what a person accused of a crime and having their first experience with the criminal justice systems expects.  Their expectations of a television drama like argument will rarely come to fruition.

I view my job as a criminal defense attorney as an analyst to a gamble that my clients needs to be advised on.  The gamble is the potential worst case scenario, often defined as maximum exposure to incarceration if the case is taken to trial and lost.  One example of how this approach may work is, if a client is charged with Four Counts, leaving the client with a maximum exposure time of 16 years. I hire and investigator, get favorable witness statements, show proof of employment, and a stable history of law abiding behavior, and because of that information,  the District Attorney makes an offer to dismiss three counts, and cap the exposure with a maximum of one year in country jail, and client may decide to take that offer. Or, the client may decide to continue with defending the case, thus wagering a maximum of 1 year in county jail against a maximum of 16 years in prison, with the possibility of winning the case and receiving no conviction at all.  It is my job to lower the risk, or exposure, to the lowest possible amount before my client has to decide whether to risk the maximum exposure by proceeding to trial, or accept the offer of a maximum of one year in county jail.

A less aggressive defense attorney would simply ask for offers without providing the witness statements or favorable characteristics to he District Attorney, and for example may receive an offer of dismissing 2 counts, and capping the exposure at 6 years.  Now, with a 6 year maximum if you plead guilty to two charges, as opposed to a maximum 16 years, it leaves the client vulnerable to taking a chance that could cost him without having the benefit of a choice to accept 1 year maximum with three counts dismissed, or risk 16 years.  In all honesty, results are never guaranteed, and sometimes even the most aggressive defenses make no difference, but it is my job to try, and provide the best defense possible under the circumstances.

If nothing else, remember the District Attorney is the master of his/her own offer.  We only get an offer if the District Attorney decides to give one.  Broken down into the most basic form, it is similar to a child asking a parent for permission to stay out late, or go on a trip with their friends.  You want to make sure you have done everything that you need to do, cleaned the house, good school report, no trouble, and taken the initiative.  Then, you ask, after putting your best foot forward.  That would be an "aggressive" approach to receiving the permission you need.  A less well reasoned "aggressive approach" would be to yell and argue how you deserve to go, provide no good explanation such as a clean room, completed chores, and receiving high marks in school.  Both are aggressive approaches, one is an "intelligent and aggressive" approach.  I prefer the intelligent and aggressive approach.

Why is experience important for a criminal defense attorney and how should we measure experience?

Experience can be important because shows how familiar the attorney is with the District Attorney's office in that county, the courts, the judges, and how each county works.  Each county has different District Attorneys, sentencing guidelines, and standard sentencing for each offense.  A private attorney who practices in several legal areas and geographic locations, sometimes referred to as a, "Jack of All trades, master of none" may not have the relevant experience necessary.  A public defender in one county who thereafter has transitioned in private practice and experienced numerous court rooms in one county with a wide array of cases along with a vast familiarity with the practices and negotiation patterns of the particular district attorney's office and the different personalities involved may be better suited to help.  Years in practice is one method of defining experience.  But take an attorney who has been an attorney for two years, but handled, literally hundred of cases and had multiple trials in those two years.  Compare that attorney to one who has been an attorney for 15 years, handled about 600 cases, only litigated a couple trials, and recently moved to the area.  Which attorney has more relevant experience?

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

Glass chess

Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

D v

Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

Climb

Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.