Law Office of John W. Noonan
925-400-6635 Call For A Free Initial Consultation Se Habla Español Available 24/7

Olivehurst man's plight highlights importance of having attorney

Have you ever run up behind someone on the street, calling their name, only to find out it wasn't the person you thought it was? It's an honest mistake that has probably happened to many of our Dublin readers. Usually in these situations, you both walk away from the situation -- no harm done.

Unfortunately, cases of mistaken identity don't usually end like this when the police are involved. Oftentimes, if the details of a person's identity match that of a suspect or someone named on a warrant, the police may take that person into custody -- even if it is a case of mistaken identity. "Cops can't just let the person go," explains Sacramento County Sheriff John McGinness.

But as the case of one Olivehurst man shows, cases of mistaken identity can damage a person's reputation as well as cost them both financially and later on down the road. For Gilberto Hernandez, the Olivehurst man, the fact that he has the same name and birth date as a man with an outstanding warrant for domestic violence has resulted in two wrongful arrests already.

Fearing that he could lose his job after the second arrest, Hernandez paid bail. But even though his name has been cleared, California police still say he's on the hook for a large portion of the money. Worse still, he may need to carry around a document issued to him by Santa Clara County for the rest of his life -- a document that explains that he is not the man listed on the warrant and one that will hopefully prevent further instances of mistaken identity.

A lot of people who are taken into custody lie about their identity, Sheriff McGinness explains, which is why Hernandez's pleas stating that police had the wrong man were not taken seriously each time he was arrested. It's because of this unfortunate fact that we'd like to point out the importance of requesting an attorney when accused of committing a crime.

If police refuse to listen to you because they suspect that you're lying, then having a skilled criminal defense attorney at your side may be the best option. That's because they can advocate for your innocence, which might be the clout you need to get the police to realize that you're telling the truth. This may lessen the likelihood of further issues or damage to your reputation as well.

Source: CBS News, "Innocent man arrested, jailed twice because of name," April 29, 2015

No Comments

Leave a comment
Comment Information

Recent Case Results

  • Drunk Driving Offenses

    John was able to get client a reduction of charge of a DUI because of being a nurse it could mean her license.

    He secured a Drunk in Public , and she would attend a 3 month program. Additionally, the dmv hearing was also set aside.

    Both being a win for the client.

    Read More
  • Domestic Violence

    A client was arrested for a Felony Domestic Violence, could have devastated her potential for future employment. John was able to get the case dismissed. Client was thrilled.

    Read More
  • Juvenile Charges

    A juvenile was arrested for 2nd Degree Robbery. After 6 months the case was dismissed.

    A juvenile was arrested for Sexual Battery. After 6 months and 80 hours of Community service, the case was dismissed.

    Read More
  • Drunk Driving Offenses

    A client with a 1st DUI arrest. Fearing she would go to jail; lose her license for a year and lose her job. Got a wet reckless and minimal fines.

    Read More
  • Drug Charges

    A client with 4 Felony charges on a Transportation Charge, a Attempt to Sell, Possession of Marijuana, (50 pounds), Conspiracy Charge all where reduced to 1 Misdemeanor. No Jail.

    Client was charged with 6 Felony drug possessions. Facing jail time. The results: Client got a deferred entry of judgment and then dismissed.

    Client charged with several felony counts of possession of Marijuana with intent to sell. Client was involved in a medical marijuana grow. Case was reduced and later dismissed.

    Read More
  • Sex Crimes

    A client with alleged 2 Felony Sex charges and he faced jail and sex registration. The case was entirely dismissed.

    Client charged with prostitution; facing jail time and sex offender registration. Result: NO JAIL TIME AND NO SEX OFFENDER REGISTRATION Deferred Entry of Judgment.

    Read More
  • Domestic Violence

    Client charged with domestic violence, with great bodily injury. Case reduced to a misdemeanor with time served.

    Read More
Email Us For A Response

Learn How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Areas We Serve

Dublin Office
6379 Clark Avenue
Suite 250
Dublin, CA 94568

Toll Free: 800-785-9556
Phone: 925-400-6635
Fax: 925-479-0015
Dublin Law Office Map

Manteca Office
210 East Center Street
Suite 10
Manteca, CA 95336

Toll Free: 800-785-9556
Phone: 209-498-3521
Fax: 925-479-0015
Manteca Law Office Map

Back To Top