Attorneys seeking a second opinion, trial consulting, co-counsel or a conflict referral should go to For Attorneys. That page describes the initial referral process and how to contact Marc.
Defendants who already have a lawyer, and family members asking on their behalf, should go to Contact. That page explains what to have ready, what not to send, and what follows the first call.
01What a second opinion is
A second opinion is a review by a lawyer who is not counsel of record. Marc Pelta reads the charging document, the discovery index and any pending offer, then gives an assessment of the exposure, of what the prosecution still has to prove, and of the questions still open.
It is not a recruitment exercise. The current attorney remains counsel of record unless the client decides otherwise. It is not a prediction of how the case will end, and no lawyer can offer one.
The review draws on Marc Pelta's experience as a prosecutor and on private criminal defense practice since 2008. The perspective is how a prosecutor reads the file: what the charging decision assumed, and where the case rests on evidence not yet tested.
02For represented defendants
A person facing a felony or misdemeanor charge may ask another lawyer whether the offer is reasonable, whether the charges fit the evidence, or whether the trial plan accounts for the risks.
Asking is not disloyal to current counsel. The Rules of Professional Conduct do not bar a represented person from seeking advice from an independent lawyer of their choice (Rule 4.2, Comment [5]).
Pelta Law runs a conflict check before any review. It needs only the names involved, the county and the type of charge. No facts are discussed until the check is clear. None should be sent by email.
What to have ready: the charging document, the discovery index if counsel has provided one, any written offer, and the next court date. If the person is in custody, say so and name the county. The facility and booking number can be given on the first call.
Offers and deadlines belong to the case, not to the review. A pending offer may expire on a date set by the prosecution or the court, and asking for a second opinion does not pause it. Give the next court date at first contact.
To begin, call 415-963-1152 or email marc@peltalaw.com. Do not send facts of your case in an initial email. An inquiry does not create an attorney-client relationship.
03For attorneys
With the client's consent, the same review is available to the attorney directly. Trial consulting is scoped in writing by task: charging analysis, search warrant review, cross of law enforcement witnesses, motions in limine, or a trial-readiness review before the date.
Co-counsel on serious felonies and conflict referrals follow the same order. The conflict check on names comes first. Roles are settled and any fee division is put in writing with the client's written consent, as Rule 1.5.1 requires, which Pelta Law completes before work begins.
04Where the work is done
A second opinion or a consulting engagement does not always require a court appearance. Where a review leads to representation, Pelta Law takes felony and misdemeanor matters in the nine Bay Area counties.
Office: 1390 Market Street, Suite 200, San Francisco. Appointments by arrangement.
This website is an advertisement for legal services. Marc Pelta, Pelta Law, San Francisco.