Law tips

Law Tips To Think About

Practical points for people facing misdemeanor, felony, federal, DUI and drug charges in California, from former prosecutor and lawyer Marc Pelta. General information, not legal advice.

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.