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Questions Answered by Marc David Pelta

1 Answer | Asked in Juvenile Law, Mergers & Acquisitions and Traffic Tickets for California on

Q: I got a ticket for disobeying sign/signal/ markings at intersection in BH, officer gave me a juvenile ticket but I’m 19

Marc David Pelta answered on Jul 7, 2019

You should contact an experienced criminal defense attorney to schedule a case review, most do not charge for the first meeting with you and then you can consider your options.

2 Answers | Asked in Criminal Law for California on

Q: warrant. jail time?

I'm 19 and I lost my wallet a month ago and in ny wallet I had my ticket and I just found out today I missed my court date and now I have a warrant. is there any way I can explain to a judge what happend or have an extension after falling to appear to court

Marc David Pelta answered on Jul 7, 2019

I would suggest you meet with an experienced attorney asap and then consider your options.

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1 Answer | Asked in Criminal Law and Immigration Law for California on

Q: is CA penal code 502 violation a aggravated felony or just CIMT for Immigration purpose?

Employee used her government computer to download pirated books on it via usb for reading (against employer policy). She violated pc 502 for personal use. Can she get deported as LPR?

Marc David Pelta answered on Jul 7, 2019

I would suggest you meet with an experienced immigration or criminal defense attorney to get the correct answer to this question.

1 Answer | Asked in Criminal Law and Social Security for California on

Q: I receive SSI. Have I committed fraud by not timely reporting a change timely?

I receive SSI (Social Security Supplemental Security Income.). I failed to report a change in a timely manner and as a result was overpaid. I did eventually report it. Just not in a timely manner. Is is problematic whether the over payment would have been discovered, expect for my bringing to the... Read more »

Marc David Pelta answered on Jul 7, 2019

More information is needed for me to correctly answer your (good) question.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

Q: Can my father raise a Cunningham issue during resentencing based on unauthorized sentence even if his case became final?

My father's case became final in 2003 making him unable to raise a Cunningham claim. My father is now going back for resentencing based on he was given an unauthorized sentence on one of his counts. Can he raise a Cunningham issue on the other counts that he was given the upper term on during the... Read more »

Marc David Pelta answered on Jul 7, 2019

More information is needed. I suggest meeting with an experienced attorney to get an opinion. I cannot answer your question without knowing more about the case.

2 Answers | Asked in Criminal Law for California on

Q: My daughter is going to be charged with embezzlement for alot of money. We don't have any money. There's no warrant .

Can she leave the state? What can I do to find out? Please help??

Marc David Pelta answered on Jul 7, 2019

How do you know that the DA will charge the case? In my practice, what I sometimes offer potential clients is the option to write a persuasive letter to the DA to not charge the case. Have you considered that option? I would also caution you from making any rash decisions because you do not know... Read more »

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3 Answers | Asked in Criminal Law for California on

Q: My husband is a convicted felon, convicted of fraud. Am I able to own a firearm?

My husband has never been convicted of violence or weapons. I live in Contra costa county, California.

Marc David Pelta answered on Jul 7, 2019

I agree with Mr. Gribow; however, I will add more: Yes, you can own firearms, however, as Mr. Gribow stated, your husband cannot have access to them or else he may get into trouble again. Hope this helps.

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3 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on

Q: What's the best way to handle an invasive/dangerous neighbor ?

My neighbor throw large & heavy objects/rubbish into my backyard, talks & police didn't help. It was their son (mentally-challenged?) who needs more & closer supervision, his parents seemed NOT doing enough to prevent these "incidents" to happen. They damaged our plants, beddings...besides the... Read more »

Marc David Pelta answered on Jul 7, 2019

Hire an attorney to send your neighbor a letter to resolve the problem. If you are unsuccessful then consider the other options stated by the other attorneys.

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3 Answers | Asked in DUI / DWI for California on

Q: my 18 year Son got a citation for Xanax in his car - he doesn’t know where it came from. What should I do ?

Police asked to search his car and he agreed. They found Xanax - he doesn’t own it or use it. Citation for court date in August- he’s 18 years old no misdemeanor.

Marc David Pelta answered on Jul 7, 2019

In addition to the previous good answers, you should hire someone whom you feel has the experience and ability to correctly defend you. Not all DUI defense lawyers know how to defend a drug DUI correctly.

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2 Answers | Asked in Criminal Law for California on

Q: What will happen during court . i was given ticket for possession .they found drug in a purse inside a backpack due to

Probation search for my son. But wasnt p.o.was another city police i didnt consent to search and not on probation myself

Marc David Pelta answered on Jul 7, 2019

More information is needed because there is no way at this point to know what will happen in court in this case. There are many possible outcomes.

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2 Answers | Asked in Criminal Law for California on

Q: I was ordered to do community service the judge reduced the cost for signing up but they wouldn't accept it

I put myself back on calendar what will happen

Marc David Pelta answered on Jul 7, 2019

In addition to Mr. Gribow's good answer, I would consider hiring an attorney to represent you and handle putting you back on calendar, if that is an option you are able to consider.

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1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for California on

Q: The college admissions scandal. How is it a crime to bribe a coach at a private college to gain admission?

My understanding is that one of the elements is that it must involve a public official or someone who has a "legal duty". "Public official" is not at issue here. The definition of "legal duty" appears to be "an obligation to obey the law." That is hardly illuminating, as that definition applies... Read more »

Marc David Pelta answered on Mar 30, 2019

There are federal crimes involved here because the activities crossed states lines. If you read the various articles about it, they explain what federal crimes are being charged in these cases. It is a good question.

1 Answer | Asked in White Collar Crime for California on

Q: What if somebody stole my trust fund and they was my beneficiary

Marc David Pelta answered on Mar 30, 2019

Make a police report and you may have to hire an attorney to represent you. In some instances, one way is to call your local bar association and ask to be referred to an attorney referral service. You may need to hire an attorney experienced in civil law, specifically probate.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on

Q: In the case of child abuse...

if the one parent is accusing the other parent of child abuse but the allegations are false but the child is being abused by someone how to prove who is involved with the abuse.

Marc David Pelta answered on Mar 30, 2019

The facts you shared do raise some important legal issues and rights. And without knowing more, I cannot answer it completely. A CPS (and some counties have had this agency re-named) worker will have to be involved and be open to your information. If she or he sees it your way then that is the... Read more »

2 Answers | Asked in Criminal Law for California on

Q: PC 666.5 with a prior. I never got stop driving or in a car in Nov. 2018 .how can they charge me?

Never got a ticket and don't own a car,,plus I don't have a driving license .

Marc David Pelta answered on Mar 30, 2019

More information is needed. If you would like to consider hiring a private criminal defense attorney -- which always has its benefits because public defenders (if you get one) are overworked and not able to give clients the kind of attention a private attorney can -- then please go ahead and make... Read more »

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2 Answers | Asked in Criminal Law for California on

Q: I was pulled over for taillight infraction.officer pulled me out of car put cuff on me searched me and arrested me.

I was arrested and booked for items found on my possession.the officer told me he ran my tag and knew it was me so he pulled me over. No I didn't have a warrant. When asked why I was being put in hand cuffs he didn't answer me. He just searched me then arrested me for the item he found on me. But... Read more »

Marc David Pelta answered on Mar 30, 2019

The facts you shared do raise some important legal issues and constitutional rights. However, more information is needed. If you would like to consider hiring a private criminal defense attorney -- which always has its benefits because public defenders (if you get one) are overworked and not able... Read more »

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2 Answers | Asked in Criminal Law for California on

Q: If an error/discrepancy was made in my sentencing, and i subpoena that paperwork can something good happen in my favor?

I'm currently on Parole in Los Angeles. when i was incarcerated i received a letter from sacramento stating there was a error/discrepancy in my sentencing and that it must be fixed. A year later i received it again. i was liberated at the end of 2015. i spoke to my Parole Officer around 2017/18... Read more »

Marc David Pelta answered on Mar 30, 2019

The facts you shared do raise some important legal issues and rights.

However, more information is needed.

If you would like to consider hiring an experienced private criminal defense attorney -- which always has its benefits because public defenders (if you get one) are...
Read more »

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2 Answers | Asked in Constitutional Law, Criminal Law and Federal Crimes for California on

Q: Can police arrest my son based on speculation?

My son, a few of his classmates, and his art teacher were arrested because cops believe we fabricated photos that were used in a criminal case.

My son's girlfriend was arrested for disorderly conduct and trespassing by a former security guard at his school. The guard claim blames her for... Read more »

Marc David Pelta answered on Mar 30, 2019

The facts you shared do raise some important legal issues and rights. The short answer is no, they need probable cause. And that is often described by some California and Federal courts as being more than a hunch or similar to a strong suspicion, which is clearly subjective. This is why I, an... Read more »

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3 Answers | Asked in DUI / DWI for California on

Q: I got arrest I’m 2008 and the jail put my day of birth wrong. I would like to know when I go to ca d Dmv and put m

My finger prints it will show

Marc David Pelta answered on Mar 30, 2019

Yes, your identity will be matched across various databases and you will be flagged as someone with an alias or aka (also known as).

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