Fresno DUI Attorney | Fresno Criminal Defense Attorney | Fresno DUI Trial Attorney

We all have different jobs to  do in the American Legal System

People commonly ask, "How can you sleep at night defending criminals?"  The truth I am amazed at how quickly people jump to conclusions about a person's guilty.  It is easy for a person to comprehend that an officer should, and commonly does, error on the side of caution.  It only makes sense to arrest a person if they believe the individual may be too impaired to safety operate an motor vehicle.  In fact, I hope they do.  It is also well known that the level needed to make an arrest is "Probable Cause" to believe the crime was committed.  It is also universally known that "Proof Beyond a Reasonable Doubt" is needed to convict a person at jury trial for a crime in the United States.

All too often people believe I enjoy picking at technicalities and getting guilty people off.  I can truly say that most of the time guilty people going home free, is not the problem today in our court system.  It is quite the opposite.  Innocent people, convicted absent proof beyond a reasonable doubt because jury's assume guilty is a much larger problem in today's court.  The proof is the fact that jury's all too often convict, when the separation between the proof needed, "beyond a reasonable doubt" and the evidence needed to make an arrest, "probable cause standard" leaves such a large gap any statistical analysis would truly show there is a problem.  Either the officers are failing to arrest, or the jury's are failing to hold the government to their burden of proof beyond a reasonable doubt.

One example is an article in the Fresno Bee newspaper on Friday October 31st.  The Headline read, "Wrong way driver arrested on DUI charges in Fatal Highway 180 collision" in brief it states a Fresno man was arrested on charges of DUI after a fatal wrong-way crash early that morning on highway 180.  The CHP said Gurpinder Gill age 26 was westbound n the highways' eastbound lane about 12:30 am in a Nissan Altima when his car collided head-on with a Toyota Camry east of Fowler Ave.  The Coroner identified the man who died, and other passenger sustained major injuries.  Gill only sustained minor injuries.  The crash remains under investigation.  No other details were available.  (Not a direct quote of the entire article)

I use this article to illustrate my point that people jump to conclusions, and feel they know the entire story.  We only know that a the individual is suspected of DUI, appears to have been driving the wrong way on a major highway, and was involved in a fatal accident.  There isn't a single mention of alcohol or drugs being in his system in the entire article.  Yet, many people would jump straight to conviction, without paying attention to the details.  A now retired judge once said something along the lines of, "We don't know if they are guilty, that is why we have trials."   I would hope the general public can keep an open mind about the different standards for arrest and conviction.  Give the officer credit-for doing their job well, arresting at the probable cause standard, and jurors must remember to do their job, and hold the government to their burden.

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.