01Misdemeanor charge
- Go to court 20 minutes before the time indicated on your summons or citation.
- If you're unsure how to plea, ask the judge to reschedule your appearance, which will also allow you time to contact a lawyer.
- A judge may sentence you at the time you plead guilty or reschedule the sentencing hearing.
- Jail time usually begins when you are sentenced.
- All fines are due soon after sentencing unless other arrangements have been made.
- Defendants under the age of 18 must have a guardian with them at all court proceedings.
02Felony charge
- Certain misdemeanors known as "wobblers" can be elevated to a felony status in California.
- The California Penal Code section 667 Three Strikes felony law is still in effect regardless of prison overpopulation.
- Defendants previously convicted of a misdemeanor who are then facing a felony crime can be given a harsher sentence.
- A second felony conviction may result in a doubled prison sentence.
- A third conviction could end with 25 years to life imprisonment.
- You have the right to contact or change an attorney throughout the entire court process.
03Federal offense
- Crimes that violate California law can also infringe upon federal law.
- Some cases can be tried both in state and federal courts.
- Charges dropped in state court may or may not be dropped in federal court.
- Federal investigators are highly experienced, well staffed, and funded.
- A prosecutor is more likely to initiate charges by indictment for federal crimes, especially for serious cases.
- Federal plea agreements aren't always written in the best interest of the accused.
- A plea agreement can prevent you from a future appeal, so make sure it is a good one.
04D.U.I. charge
- Many DUI stops begin due to simple traffic infractions like broken tail lights or expired tags.
- Anxious behavior may be interpreted as guilt or suspicious conduct.
- Refrain from sudden movements.
- Don't exit your car unless asked by the officer.
- Avoid making extra "chit-chat" or sarcastic remarks and remain on topic.
- You can refuse a field sobriety test before an arrest is made.
- Breathalyzer tests are not as accurate as blood tests.
- If blood or breath tests are not available, you may be asked to give a urine sample at the police station.
05Drug charge
- You can ask an officer "am I free to leave?" if they do not have a warrant or reasonable cause.
- Everyone is entitled to see a search warrant before their property is searched.
- If you're arrested, record the events that happened during the arrest, including witness names, statements, timelines, police badge and patrol car numbers, and any property damage.
- Immediately document any injuries you may have sustained during an arrest.
- Do not discuss your case with anyone until a lawyer is present.
- Relatives or associates may be used to testify against you if you've discussed your case with them.
- Your "cellmates" can also testify against you, so don't discuss your case in jail.
- Carefully listen to your attorney's advice because it can save your future and freedom.
This page is general information, not legal advice, and does not create an attorney-client relationship. Every case depends on its own facts. Contact Marc Pelta to discuss your matter.