By Danae Snell
RIVERSIDE, CA — Many first time offenders fail to understand the legal complexities of a courtroom, and can enter the courthouse with little, if any, knowledge about the justice system and how it works.
This lack of knowledge could get them in trouble.
Take defendant Leonard Gonzalez, who experienced the intricacies of the court system firsthand last week at his arraignment on two counts—two Vehicle Code violations, sections “23152(f) driving under the influence of a drug and 
infraction 23221(a) drinking an alcoholic beverage at the time of driving.”
The district attorney’s office offered the defendant a plea deal that would include three years of probation, no jail time, a fine of $1,703, DUI search terms and the fines and terms that go along with probation.
Judge Emily Benjamini from Riverside Superior Court rephrased the offer to the defendant and explained the options he held in his current circumstances.
The three options outlined by the judge were: “If you wish to represent yourself and accept the offer. If you wish to speak to an attorney and cannot afford one, then you would fill out another form, a financial one, and I will appoint the services of the Public Defender.”
Lastly, “The third option if you wish to hire your own attorney, I will give you a continuance of your case and you can come back for another date for your arraignment and bring retained counsel.”
Defendant Gonzalez remained confused and responded, “Other than that I have no other options? I can talk to you about other stuff right? This is just an arraignment? I can ask you details?”
“If you speak to me then you are essentially uh… I would not recommend speaking to me about that, but if you want to talk about your case, then you would be asking for an attorney to speak the facts of your case,” Judge Benjamini informed Gonzalez.
Judge Benjamini also noted, “The court cannot give you legal advice on your case.”
Defendant Gonzalez responded back quickly, “Uh yeah I think I am going to need an attorney then.”
The judge then informed Gonzalez to fill out the financial form so she can appoint a public defender and recall his case.
After speaking with his newly-appointed public defender, Defendant Gonzalez understood his options and rejected the plea offer, and will be back—maybe a little wiser to the process—Sept. 1, with legal counsel by his side.
To sign up for our new newsletter – Everyday Injustice – https://tinyurl.com/yyultcf9
