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Questions Answered by Marc David Pelta
2 Answers | Asked in Criminal Law for California on
Q: In county jail my sister was doing her sentence and filed a 1381 form to different county she had

And they pick her up when her time was done and took her to court . The da only gave her time for the day he got the form and not the day she's been in custody..

06/11/2024 to 11/08/2024

Credit only from 09/08/2024 to 11/08/2024

Does she write a letter to judge to... View More

Marc David Pelta
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Marc David Pelta
answered on Nov 30, 2024

No, I do not see how a letter to a judge will matter at this point unless your sister works with experienced criminal defense counsel to draft such a letter. I realize that this kind of "advice" is common in jails. We refer to it as "jailhouse lawyering". I've even been... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Arizona on
Q: I got a gun charge with a speeding ticket and dui what could I be facing
Marc David Pelta
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Marc David Pelta
answered on Dec 3, 2024

It depends upon many factors such as what your criminal history is like and what the facts of the case now are. Regardless, you should consult with experienced criminal defense counsel asap.

1 Answer | Asked in DUI / DWI for Arizona on
Q: My 74 year old mother was arrested 11/19 for DUI, she has a felony conviction for DUI and served 2 years.

Will the Prosecutor use this against her? Her prior conviction was 10 years ago

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 30, 2024

I am a former prosecutor. Yes, she or he will use the previous conviction and sentence against her. You should hire an attorney experienced in DUI litigation as soon as possible because there are also potential DMV consequences.

2 Answers | Asked in Criminal Law for California on
Q: Need attorney to go to riverside and get my sister her presentence credit correct she's is custody

How much would it cost

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 30, 2024

I agree with the other attorney. Your sister should hire experienced legal counsel she trusts to assist her with this.

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2 Answers | Asked in Family Law for California on
Q: Can I sue DCFS. For TAKEING my children N once my son turned 18 he emancipated N I have not seen him N on good terms
Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 30, 2024

Yes you can, but finding an attorney to do it is the question, in my considered opinion.

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3 Answers | Asked in Domestic Violence and Family Law for California on
Q: I have a domestic violence case coming up for trial. The victim wants to file an "affidavit of retraction"

The victim n my case made several false statements against me really painting a horrible picture of who she wants me 2 appear 2b as a person in everyday life. On paper, what she has said looks very bad n the courts eyes. But it not accurate and it's fictitious. The victim has since came to... View More

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 30, 2024

I agree with the other two attorneys. Moreover, you should hire counsel you trust to work with you to accomplish these goals.

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2 Answers | Asked in Criminal Law for California on
Q: My sister was in custody in orange county and her case in riverside county case she got a warrant

She did 3 months in orange county and then we bailed her out on both cases . She got 180 days credit for orange county. Does she get 180 days credit in riverside to ?

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 30, 2024

Your sister needs experienced criminal defense counsel she trusts to represent her in this case.

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3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Traffic Tickets for California on
Q: Can I File a Motion to Vacate for a Warrant I Was Unaware Of?

I recently found out from the police that I have a $5,000 warrant and need to resolve it at Glendale Court. Here's what happened:

- In March 2023, a detective from Glendale Police contacted me about an alleged violation of a temporary restraining order (TRO) due to an email I sent to... View More

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 28, 2024

No, you would need an experienced lawyer to handle this as soon as possible because each day you wait to resolve it can later be used against you by the District Attorney's Office.

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2 Answers | Asked in Criminal Law and Family Law for California on
Q: My case was originally a Family Faw case, I had a hearing in July, the judge ordered me to pay for my ex wife's vehicle

And I appeared remotely in July, applied for remote hearing in October, appeared for my october hearing remotely, then, the judge read me my rights, and held me in contempt for not appearing, she's now ordering me to appear in person in Jan 2025, they are charging me for being in contempt for... View More

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 28, 2024

You should consult with an experienced criminal defense lawyer to explore your options as far as a best and worst case scenario. Hire someone you trust.

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2 Answers | Asked in Criminal Law for California on
Q: custody for one cases in one county and another cases in another county and bail out on both cases do I get cred
Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 28, 2024

I do not understand your question. Please clarify what you would like to know. Thank you.

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3 Answers | Asked in DUI / DWI and Immigration Law for California on
Q: Getting my 1st DUI conviction changed to reckless driving for immigration purposes?

I have completed all my court related requirements.

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 28, 2024

I doubt you can accomplish this. However, you should consult with an experienced criminal defense lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.

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2 Answers | Asked in Family Law for California on
Q: I signed a "safety plan" from cps. Without a lawyer being present, i was also threatened by the case worker, to sign it

The case worker said if you dont sign this i will remove your kids and they will go into foster care in a stranger's home and maybe even adoption. So i signed. She didn't have a court order to remove them and in no imminent danger.

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 30, 2024

I agree with the other attorney. You should retain experienced legal counsel as soon as possible to address this issue.

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: If a judge was willing to let me out on my own for a plead of no contest without letting me know the charges is that ok

So I went to court and the judge told me that he did not have all of the charges in front of him but was willing to let me out on an or my own recognizance if I plead no contest to the charges. I told him that I did not want to plead to something without knowing what it is he said what you... View More

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 28, 2024

I am unclear what happened in court and it sounds like you might be as well? You should consult with an experienced criminal defense lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.

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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If im having issues finding a lawyer does that mean I'm being ignored on purpose, or what would be the issue?

I've communicated to multiple parties on and off for probably a year and don't have any proper representation or assistance other then the cal bar website..

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 28, 2024

You can contact the local bar association where you want to hire a lawyer. Also, you can make various searches on google.com. There are also websites such as Justia, Findlaw, Avvo, and others for you to try. It is difficult from your description to speculate why other lawyers have not... View More

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: what happens if a girl was making threats to you thru messages saying she will beat me up and in person she stops me so

so i slap her

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 28, 2024

I agree with the previous attorney. I doubt you can accomplish this. You should consult with an experienced criminal defense lawyer as soon as possible.

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2 Answers | Asked in Criminal Law for California on
Q: Can a dv victim request for criminal charges filed against defendant on probation for child neglect failure to support

Defendant has wilfully neglected / abandoned his special needs child. By not providing any support / not paying court order child support since 2021 owes over $30000 in past due support payments he has abilities to pay as he he's his own construction business he also works under fake names to... View More

Marc David Pelta
PREMIUM
Marc David Pelta
answered on Nov 28, 2024

Although I agree with the other lawyer, I would like to add that you should consult with an experienced lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.

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