Why do Charges on Arrest Date Differ from Charges on Arraignment Date

[arachnodite]

My question involves criminal law for the state of: California.
Hello. On 04/09/11, I was arrested and charged with PC647(F); and PC243(B). Today I had my arraignment, where I was presented with two totally different charges than the charges I had been told about on 04/09/11. The different charges are: PC 242; and PC 148(A)(1). My questions are A) why am I not being charged with the original charges and the new charges instead?; B) is that even legal?; and C) I had been drinking and was in a black out state. I was in a public park and do not remember anything until I woke up in jail. Apparently, I had been to the hospital as well (I knew this only because I had a hospital bracelet on). I had no idea I had committed battery against anyone until today and have yet to see my police report. How much of a defense is "black out"? Likely not good, but I honestly do not recall anything; this scares the heck out of me.

I had self-admitted myself into an alcohol/drug rehabilitation program on 04/14/11 because of this incident (and due to the orignial charges) and have thus far, met their requirements. Does this even help my case since I am not being charged with any crime involving alcohol?

During my arraignment, the judge said he would give me 30 days in jail, 3 years probation, and 30 hours of community service. This is the first time I've ever been in trouble.

Gah! Please help!!

Thanking you in advance!

[jk]

A) why am I not being charged with the original charges and the new charges instead?

I can only guess but that would be that upon review of the case, the prosecutor disagreed with the charges initially listed and since amended the charges to what s/he felt was more appropriate.

B) is that even legal?

yes but if you really like the original charges, you can ask the prosecutor to reinstate those charges in addition to the current charges.

How much of a defense is "black out"?

none

[arachnodite]

Thank you, jk, for your immensly quick (albeit terribly bleak) answers to my questions. I had pled "not guilty" to the charges; as I was unaware the prosecutor could amend them and was taken aback. And here I had thought I came to my arraignment prepared; for I had a letter from the alcohol rehabilitation, as well as proof that I had sucessfully completed the program thus far.

I used to be a productive member of society; I've fallen into hard times, though, recently (becoming unemployed), and opting to voluntarilly have my daughter live with my sister (who lives in a different state) because suddenly, life had become tumultuous and chaotic. Not an excuse for drinking more than I should have--in a public place, nonetheless--but I'm extremely worried I will have a criminal record, which may impede future job prospects, making it more difficult for me to establish a secure environment for both myself and my daughter in the future.

Anyway, I've pled not guilty, as I wanted to consult with with a public defender on this matter in hopes of trying to get a lighter sentence. In your opinion, was this plea stupid of me?

Again, I appreciate your answers, jk. I sincerely appreciate that you've taken the time to answer me.

[jk]

it is generally appropriate to plead not guilty at an initial arraignment even if you are guilty or intend on eventually changing the plea to guilty. It allows you to move forward in the process and obtain legal counsel. If you plead guilty, that's it. The next step is sentencing. You don't want that.



so, go forth and speak with your PD. Depending on all of your circumstances, there may be a possibility of a plea agreement to lesser charges as well as the possibility of reduced penalties. That is where your counsel comes in to play.

[arachnodite]

I just wanted to thank you again, jk, for answering my questions concisely and matter-of-factly. I know that you are "not an attorney and [that] any advice is not to be construed as legal advice," but what you've said has alleviated some of the doom-and-gloom funk I've been in since earlier this morning.

And for that alone, I'd send you a homemade "thank you" card, if I could. So, in absentia of a card, I vow that I will keep my nose clean and refrain from drinking in public, resisting arrest (???), and doing all things that would constitute battery on anyone (I honestly don't know *who* I battered or even *how* I battered; I am anxious--but *extremely nervous*--to read the police report), anywhere (in a public place???).