Santa Ana Criminal Defense Attorney Gonzalez explains arraignment in criminal cases

So you either just got cited with a ticket that states you need to appear in court for a violation of either a vehicle code or penal code offense, or you got arrested, or at worst you were told you are being charged with a felony. You are told you need to come to court and make an appearance. What should you do?

The first court appearance for charges involving a crime is called an arraignment. It really is the first court appearance whereby the person accused of a crime is brought before a judge, is informed of the criminal charges he or she faces, and asked by the judge whether he or she wants to plead guilty, not guilty, or nolo contendere (no contest) to the charges.

The arraignment is not for the person to tell his or her story to a judge about what did or did not happen when that person received that ticket, citation, notice to come to court, or was arrested. The arraignment is not the time for that person to provide excuses- justified or otherwise- as to why he or she should not be in court. Any judge in a criminal court case is not interested in hearing such things from a person who is accused of a crime. The judge wants to know whether a person wants to plead not guilty or guilty.

At an arraignment, if you go without a lawyer, a judge is required to inform you of your right to be represented by an attorney, or if you are poor or have very low income means, you should be told of your right to be have attorney appointed for you- in other words, a public defender.

Some people who have been charged with a crime believe that going to the court and pleading guilty is the best thing to do. Beware of going to court by yourself. Typically you will receive the harshest sentence possible or recommended by the prosecutor assigned to your case. The prosecutor represents the People and is not interested in making friends with those accused of crimes.

It is best to get legal consultation before going to court when you are facing criminal charges. The penalties for pleading guilty may have a great impact on your record, employment, and your liberty. After consultation, you should make a decision to have an experienced criminal defense attorney represent you at all stages of any criminal proceeding. Contact the Gonzalez Law Firm for that consultation and representation. David Gonzalez has many years of experience helping persons charged with infractions, misdemeanors, or felonies. Facing criminal charges can cause much stress upon you and the ones you love. Contact Criminal Defense Attorney David Gonzalez. His offices are located in Santa Ana and Fullerton. He gets results. 1-877-345-2997.

Santa Ana Criminal Defense Attorney discusses the crime of false information to police.

Imagine you have been stopped by the police and you are asked to present your identity to that officer. In the event, you provide another identity to that officer other than your own actual identity, can you be charged with a crime?

California Penal Code Section 148.9 is labeled as false representation of identity to a peace officer. More specifically, Penal Code Section 148.9 (a) states that any person who falsely represents or identifies himself or herself as another person or as a fictitious persson to any peace officer...., upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer, is guilty of a misdemeanor.

Certain elements need to be met for a person charged with PC 148.9 (a) to be found guilty of that offense. It is in fact the duty of the prosecutor to make certain all elements of the crime are met with the evidence from any police investigation. In Penal Code Section 148.9(a), the prosecutor must prove:

The person falsely represented himself or herself or the person identified himself or herself as somebody else.

There was in fact false representation or identity.

The false representation of identity was given upon a lawful detention or a lawful arrest.

The false repesentation or identity was given to the police for evasion, either to avoid further court process or evading being properly identified by the officer.

The crime is a misdemeanor in the event the person accused of it pleads guilty to the crime or is found guilty by a jury. A penalty for a misdemeanor can be up to 6 months in jail.

There are defenses to being charged with false representation of identity to a police officer. A defense can be that the police officer had not made a lawful detention or a lawful arrest. A person cannot simply be targeted by an officer and then be asked by the cop to hand over or give over one's identification.

Another defense can be that the identification provided was not given for an evasive purpose. If an individual did not understand what the officer was asking for when requested from the officer, it can be argued that evasion was not the purpose.

False information to a police officer is a crime and can if one is convicted of such a crime there can be consequences resulting from it including fines, fees, jail time, probation, and immigration consequences such as denial of legal residency or naturalization of citizenship as federal authorities such as the United States Citizenship and Immigration Services, otherwise known as USCIS, and the Department of Homeland Security (DHS) may treat such a crime as a crime of moral turpitude under the immigration laws of the U.S.

If you or a loved one are charged with such a crime, contact the Gonzalez Law Firm to speak to Attorney David Gonzalez before you go to court and definitely before you decide to plea guilty to any crime. You are innocent of any criminal charge until you are proven otherwise guilty by the prosecution. You have legal rights and defenses.

The Gonzalez Law Firm has offices in Santa Ana and Fullerton and assists clients throughout the Southern California region whether your case is in Newport Beach, Fullerton, Norwalk, Santa Ana, Pomona, Riverside, San Bernardino,West Covina, Downey or Los Angeles. Attorney David Gonzalez can be reached at 714-992-5217 or 1-877-345-2997.

Parenting tips for having a safe and fun Halloween with your children.

Halloween is upon us again. Children are looking forward to wearing their best ghoul and goblin and princess costumes.

Halloween tends to be a festive celebration. One where there can also be party goers who drink alcohol and choose to drive to and from their Halloween parties.

So parents when you take your children out for trick or treating, keep in mind some of the following helpful tips:

Start your trick or treating early:

During daylight and prior to dusk is a good time in which to start your child's trick or treating. Your children can be seen by drivers. As dusk passes, bring a flashlight that can illuminate for over 30 feet if possible. Cell phones can also download certain flashlight apps making the cell phone a flashlight. For example, Torch Flashlight App can be obtained trough the App Store from iTunes. Although such apps provide illumination, a typical hardware flashlight may be your best bet.

Have an adult be the leader of the pack and also have an adult protect the rear:

Children do like to run off on their own to various homes to be the first to get the candy. It is wise, however, to have an adult maintain a reasonable distance ahead of the pack to make certain a child does not run across a street. An adult should also cover the rear to make certain no child is left behind or is not accounted for in the event the pack gets a bit to far ahead. Always keep a count of the children and always use your flashlights to direct crossing a street if necessary.

Designate a location to meet ahead of time in the event your pack separates:

It does happen. Parents cannot hold the pack together. That is fine should it occur; just a normal part of the fun. But parents can designate a certain landmark as a meeting place for the pack to get together again in the event there is a break in the group. Such landmarks can include the corner of the street, the house at the end of the street, the stop sign area, just to name a few examples.

Keep an eye out for careless drivers:

Keep a watch out for drivers who do not have their car headlights on, the driver who is using the cell phone while driving, the driver who may be driving a bit too fast for driving conditions. They are out there. Parents should be watchful and attentive to their surroundings while their kids are trick or treating. Use your cell phone to call 911 to report such careless drivers especially any driver that may be driving a bit erractically in a neighborhood. Such a driver may be driving under the influence of alchohol so it is wise to involve your local police agency should you suspect such a driver.

Just a word of advice to any one who may drive to and from their Halloween parties: if you are going to drink, do so wisely and responsibly. Designate a driver who has not consumed any alcohol to drive you to your destination. Use a fun shuttle or limousine service. Do the right thing: DO NOT DRINK ALCOHOL AND THEN GET BEHIND AN AUTOMOBILE TO DRIVE. If you do so, you risk putting the lives of children and others in danger. There are stiff penalities in California for drinking and driving. A first time conviction for driving under the influence criminal charge charge can include jail time, years on probation, loss or suspension of a driver license, court fees and fines, and participation and completion of a state mandated alcohol program. A person can spend about $5,000.00 in fees, penalties, and fines. Furthermore, the drunk driving conviction can remain on a driver's licensing record for 10 years. Convictions for second or third DUI offenses can be even more severe. If a driver has consumed alcohol and gets involved in a car accident, that person faces a felony charge and possible felony conviction. A jail sentence for a period of months may be ordered by the judge.

Halloween should be a time of fun for all. Children get the most fun wearing that cool ninja constume or that beautiful princess costume. Parents love to see their children radiate wearing such costumes and getting their favorite candy in their Halloween bag. Let all of us do our best to maintain a safe and sane Halloween.

The Gonzalez Law Firm has over 18 years of experience helping families with their legal issues. Attorney David Gonzalez has offices in Fullerton and Santa Ana and can assist you with your child custody issue, parenting rights, or dissolution of marriage matter. His firm also assists persons who may be accused of criminal charges including misdemeanor or felony DUI charges. Contact his firm for a consultation concerning your legal issue.