Questions about criminal defense.

The practice focuses on felony defense and also accepts misdemeanor cases. Pelta Law also takes DUI, domestic violence, restraining order and juvenile matters, and matters where a professional license is at stake. Whether a particular matter fits the practice is decided after the conflict check and the initial review.

The first step is a conflict check, which needs only the names of the people involved, the county, the type of charge, custody status and any court date. Once the check is clear, Marc Pelta reviews the paperwork and the stage of the case with the caller and explains the next court event. Any engagement is then set out in writing before work begins.

Pelta Law accepts felony and misdemeanor cases in the nine Bay Area counties: San Francisco, Alameda, Santa Clara, San Mateo, Contra Costa, Marin, Solano, Napa and Sonoma. The office is at Fox Plaza, 1390 Market Street, Suite 200, San Francisco, with appointments by arrangement.

Yes. Pelta Law accepts felony and misdemeanor referrals, plus second opinions, trial consulting and co-counsel by agreement from other attorneys. A conflict check is completed before any case detail is shared. The For Attorneys page describes the initial referral process.

Start with a name, a callback number and the county. Mention an approaching court date or custody status. Do not include case facts or documents before a conflict check.

The person's full legal name and date of birth, the facility and county, the booking number if known, the arresting agency, and any court date already set. If a public defender has already been appointed, say so. Do not repeat what the person said about the case.

A felony is punishable by state prison, or by county jail under Penal Code section 1170(h). A misdemeanor carries no more than 364 days in county jail under section 18.5. Many offenses are wobblers filed either way, and the filing choice affects release conditions and case length.

A judge can reduce a wobbler under Penal Code section 17(b): before trial on the court's own motion or a party's motion, at sentencing when the punishment imposed is not state prison or county jail under section 1170(h), and when probation is granted or on application later. Straight felonies cannot be reduced that way. Whether a court does so depends on the facts and the record.

Timelines vary by county and by whether the accused is in custody. The statutory deadlines are short, but time is often waived to allow investigation and negotiation. Felony cases commonly take many months and sometimes more than a year.

Anyone contacted by an investigator has the right to decline an interview and to ask for a lawyer. Statements made before charges are filed become part of the charging decision. Speaking with counsel first allows that decision to be made with the full picture.

Yes. The practice covers the nine Bay Area counties: San Francisco, Alameda, Santa Clara, San Mateo, Contra Costa, Marin, Solano, Napa and Sonoma. The office is at Fox Plaza, 1390 Market Street, Suite 200, San Francisco, with appointments by arrangement.

Most criminal cases in San Francisco are heard at the Hall of Justice, 850 Bryant Street. The court's own website says some criminal matters are heard at its other locations. The courtroom and time for a particular hearing are set by the court, and the paperwork given at release or arraignment governs.

A person held in custody must generally be brought before a judge within 48 hours of arrest, excluding Sundays and holidays. That first appearance is usually the arraignment. A person released after booking is given a date to appear instead, and the District Attorney may file charges later or decline to file.

A first DUI is usually a misdemeanor, but a conviction brings a criminal record, a license suspension, a fine and a required program, and counts as a prior for ten years. The DMV case has its own short deadline. Both cases are usually reviewed together before either is decided.

A DUI can be charged as a felony when someone else is injured, when it is a fourth DUI in ten years, when there is a prior felony DUI within ten years, or when someone dies. Otherwise it is ordinarily a misdemeanor.

Generally yes, if the out-of-state offense would have been a DUI under California law and falls inside the look-back period. The prosecution must still prove the prior with an adequate record, and counsel reviews that record before any plea discussion.

Yes. A conviction for reckless driving involving alcohol or drugs under Vehicle Code 23103.5 is treated as a prior DUI when a later DUI is sentenced. It is a lighter first conviction, not a clean record.

Not on the count alone. A second or third DUI without injury is generally a misdemeanor. A fourth inside the look-back period may be charged as a felony. So may a DUI within ten years of a prior DUI or injury DUI that was punished as a felony.

No. The administrative per se action proceeds on its own, and the hearing must generally be requested within ten days of receiving the notice of suspension, usually served at the arrest. A court result can affect the DMV action later; a missed request generally cannot be undone.

Yes. Health and Safety Code 11351 and 11378 are straight felonies that cannot be reduced to misdemeanors, and Proposition 47 did not change them. Simple possession for personal use is usually a misdemeanor. The line between the two often comes down to quantity, packaging and a narcotics officer's opinion.

No. Penal Code 1000 is limited to personal-use offenses such as simple possession and being under the influence. Mental health diversion under Penal Code 1001.36 is broader and can apply to sales and possession for sale where a qualifying mental health disorder was a significant factor in the conduct.

The defense files a motion under Penal Code 1538.5 asking the court to suppress the evidence. If the motion is granted, the prosecution may be unable to proceed without the drugs. The motion can be heard at the preliminary hearing or afterward in the trial court.

Assault under PC 240 is an attempt to use force with the present ability to do it; no contact is needed. Battery under PC 242 is the actual use of force, and any unwanted touching can qualify. The two are often charged together, and the evidence decides which applies.

No. In California the district attorney, not the person who was hurt, decides whether to file and whether to continue a case. That person's account still matters, and a change or refusal to testify affects what the prosecution can prove. Contact can violate a protective order.

No. The district attorney, not the complaining witness, decides whether a case is filed and continues. A reluctant witness is one factor, but prosecutors can go forward on 911 recordings, body camera footage, photographs and statements from the scene, within the rules of evidence.

Not always right away. A protective order can bar a person from the shared home and from contact with the other party, even when both want to talk. Violating it is a separate offense, so belongings are retrieved through a police civil standby.

No. Possession under any of these orders is a crime (Penal Code 29825). A domestic violence respondent has 24 hours from service to surrender firearms and ammunition to law enforcement, or sell or store them with a licensed dealer, and 48 hours to file the receipt (Family Code 6389).

A temporary order usually prohibits all contact, including replies to messages the petitioner sends first. The petitioner cannot waive the order; only the court can change it. If the order prohibits contact, a reply can be charged as a violation under Penal Code 273.6, or under Penal Code 166(c)(1) if the order came from the criminal court. Preserved messages are commonly used as evidence at the hearing.

Generally yes. California's Three Strikes law has no washout period, so a qualifying conviction from decades ago can still be alleged as a strike. The age of the prior does matter in a Romero motion, where remoteness and a clean record since are among the factors a court weighs.

Yes. A prosecutor may move to dismiss a prior strike in the furtherance of justice, and strike allegations are sometimes resolved through negotiation. Whether that happens depends on the office, the charge and the record. Separately, the court has its own power under Penal Code 1385.

A Romero motion is usually filed before sentencing, after a plea or verdict, though the issue can be raised earlier as part of negotiations. The court can also strike a prior on its own motion. The judge must state reasons on the record when a strike is dismissed.

It depends on the board and where the criminal case stands. For physicians, osteopathic physicians, podiatrists and physician assistants, section 802.1 is triggered by a felony indictment or information, or by a conviction, not by the arrest. Other boards set their own triggers; some ask on the renewal form.

Not by itself. A plea of guilty or no contest is a conviction for licensing purposes, and the board can act on any conviction it considers substantially related to the profession. The charge accepted, the facts admitted and the sentence terms shape what the board can later prove.

The board can open an investigation, ask for a written explanation and, if it decides to act, file an accusation seeking discipline. The licensee then has a short period in which to request a hearing before an administrative law judge.

No. In California juvenile court a judge decides at a jurisdictional hearing whether the petition has been proved. The standard is proof beyond a reasonable doubt, the same as adult court, but there is no jury, and the finding is a sustained petition, not a conviction.

Generally no. A prosecutor may seek transfer under WIC 707 only for a minor who was 16 or 17 when the felony allegedly occurred. The one exception is a person alleged to have committed a WIC 707(b) offense at 14 or 15 who was not apprehended before juvenile jurisdiction ended. A judge decides the motion, not the prosecutor.

No. A second opinion is a review of the charges, the offer or the trial plan by a lawyer who is not counsel of record. The current attorney stays on the case unless the client decides otherwise.

The charging document, the discovery index if counsel has provided one, any written offer, and the next court date. Pelta Law does not need the facts at first contact, and none should be sent by email. The facts are discussed after the conflict check clears.

Consulting is scoped by task and does not always require a court appearance, so matters elsewhere in California are considered case by case. Marc Pelta is admitted to the California Bar (December 2007) and can appear in any California superior court. The For Attorneys page explains how to contact Marc.

No. Each district attorney's office decides its cases on its own facts and policies, and a defense attorney's background gives no standing with that office or any court. A former prosecutor brings familiarity with how filing and plea decisions are made. That informs preparation, not the rules.

In general, yes. Penal Code section 1538.5 lets a defendant move to suppress evidence obtained through an unlawful search or seizure. It examines the warrant affidavit and how the search was conducted. Whether it succeeds depends on the facts and the court.

In a jury trial, twelve jurors decide the facts and must agree unanimously to convict. In a bench trial, the judge decides the facts alone. In California a jury may be waived only with the consent of both parties, expressed in open court by the defendant and the defendant's counsel.

Murder under Penal Code section 187 is an unlawful killing with malice aforethought. Manslaughter under section 192 is a killing without malice, in voluntary, involuntary and vehicular forms. The line between them turns on the defendant's mental state and the circumstances, so the evidence on those points matters.