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Author: Pat Geddie

divorce mediation attorney

Benefits of Divorce Mediation

Most divorce cases will end with a settlement agreement. Some couples may need to go to greater lengths than others to negotiate an acceptable solution. They may have difficulty getting on the same page because they do not want to compromise. Mediation is a way of getting help to resolve differences and facilitating discussions between the two spouses. Mediators can assist in resolving both financial and custody disputes.

Even when they have attorneys, the two spouses may have trouble communicating and reaching an agreement. They may start with unrealistic positions, or they may not want to compromise at all. In reality, negotiating a marital separation agreement is a give-and-take. Not everyone gets everything that they want.

A mediator is an objective third party. They do not have the decision-making power to issue rulings. Their sole aim is to help move the parties towards an agreement. They may start by finding easy areas where the spouses can agree to build confidence and help establish momentum. The mediator can help keep negotiations going when the two spouses reach a more difficult phase of negotiations.

Mediation is an investment of time and money for both spouses. They would have to agree to the process because they must both participate fully in it. However, the costs of a trial could be far more, both monetarily and in terms of stress and bitterness. If the two spouses are having difficulty in their talks, they should get the help of a trained professional who helps bridge gaps in positions in difficult negotiations.

Call a Sacramento and Marin County Divorce Mediation Attorney

If you are going through a divorce, you should not attempt to handle matters on your own. Call a divorce mediation attorney at Mason Law Office at 833.774.0602 or message us online to get legal representation. We can make a difference in your divorce as you seek the best result for your situation.

Marin County Criminal Defense

Should You Remain Silent When Arrested?

If police officers have respected your legal rights when you are arrested, they will tell you that you have the right to remain silent. The question is whether you should choose to exercise this right. The answer is absolutely, because of the second part of this statement – anything that you say can and will be used against you in court.

When people are arrested, they have a tendency to panic or to think that they can talk their way out of trouble with the police officer. Law enforcement has a completely different motive. They are thinking ahead to the proof that is necessary to convict you of an offense. They already have probable cause to arrest you. Now, they are continuing to gather evidence that can be used to persuade a jury of your possible guilt. The words that people use at the time of their arrest often end up being powerful evidence that can lead to convictions.

You should not speak or say anything after your arrest. Police will tell you that you have a right to an attorney, and that is who you should be talking to first. Your attorney will handle any communications with law enforcement. Police will try to get you talking, but all you have to do is say that you want an attorney. You are under no legal obligation to answer their questions or say anything to them, nor should you do this. The more you say (or anything you say), the worse it will be for you.

Call a Marin County and Sacramento Criminal Defense Lawyer

If you have been arrested, you need a legal heavy hitter on your side to protect your rights. Contact the Mason Law Office online or call us today at 833.774.0602 to schedule your initial consultation.

Sacramento County Criminal Defense Lawyer

Is Theft a Serious Crime?

You should never downplay an arrest or not take it seriously because you perceive it to be a “minor crime.” There is practically no such thing as a minor crime because any conviction could have an outsized impact on your present and future.

In terms of punishment, theft can be very serious, depending on the amount at issue in your case. Any theft that involves more than $950 in goods or services is charged as grand theft. Even petty theft for amounts below that is charged as a misdemeanor with potential jail time.

Besides jail time, there are a number of collateral consequences of a theft conviction. Theft is viewed as a crime of dishonesty. A conviction could affect your chances of future employment and your immigration case. Theft is considered to be a crime of moral turpitude that can lead to deportation.

In addition, any conviction that remains gives you a criminal record for some time to come, even if it is a seemingly “minor” misdemeanor. Thus, if you are charged with another crime in the future, you will be treated as a repeat offender.

You should have an experienced attorney for any type of theft charge. Your lawyer may be able to successfully fight the charges when law enforcement has violated your legal rights or the prosecutor cannot prove the individual elements of the crime (they must prove intent in theft charges). They may be able to negotiate a lesser charge as part of a plea deal. 

Call a Sacramento and Marin County Criminal Defense Lawyer

If you have been charged with any type of theft, the Mason Law Office can help you. Call us today at 833.774.0602 or message us online as soon as you can to get the legal assistance that you need.

Sacramento Ca Family Law Attorney

Dividing Business Ownership in a California Divorce

One of the most complex legal issues in a divorce happens when one or both spouses own a business. In that event, the ownership interest in the business needs to be divided, or one spouse needs to be paid for their share.

There are a number of issues that need to be addressed in dividing a business. They include:

  • Placing a valuation on the business
  • Deciding what each spouse’s share of the business should be
  • The post-divorce business relationship between the spouses (if there is to be one at all)

Valuation and Business Continuity Are Key Issues

Perhaps the most critical point on this list is valuing the business. The spouse that is being paid for their share will almost always insist on a higher valuation of the business. Each side may bring its own business valuation expert and come up with its own competing numbers.

Some divorced spouses are able to work together after their marriage ends. More often than not, dividing a business means that one spouse will continue to run the business while the other is paid for their share.

The best way to avoid the thorny issue of dividing a business is to sign a prenuptial agreement that lays out the procedures that would be used in the event of a divorce. However, some spouses start businesses after the marriage has begun, leading to these difficult issues. Given how difficult some of these issues can be, you should not attempt to negotiate anything on your own.

Contact a Sacramento Ca Family Law Attorney

If you are going through a divorce, you should have the help of an experienced Sacramento Ca family law attorney. This is even more true when your divorce has complex legal matters. Call the Mason Law Office at 833.770.1372 or contact us online to discuss your divorce and learn how we can help.

Sacramento Family Law Attorney

Do You Always Need a Divorce Attorney?

Divorce is one of the most difficult times in anyone’s life. Besides the emotional stress of the breakup of your marriage, you are also dealing with the details of the dissolution of your legal union. The stress is magnified if you and your spouse have disagreements. An experienced attorney can and should handle the legal aspects of your divorce.

The terms of your divorce will make a large difference in your future and those of your children (if there are any affected by the divorce). What you agree to now will affect your financial situation in the long run, as well as your ability to raise your children.

Some people make the mistake of trying a DIY approach to their own divorce. They come to regret it in the future when they realize that they are missing key language from the divorce agreement that they need. In the present, the never-ending administrative matters of the divorce keep them from focusing on themselves, which is what they really should be doing.

How Attorneys Help You in a Family Law Matter

An attorney can help you through the divorce in the following ways:

  • Looking out for your legal interests by pointing out considerations that you may otherwise overlook
  • Handling the details of the divorce, keeping you from experiencing some of the stress
  • Negotiating with the other spouse’s attorney
  • Arguing your case in front of a judge if an agreement cannot be reached

Without an attorney’s help, you are too close to the situation to make the right decisions. Your lawyer will provide you with objective advice while they work to advance your interests.

Call a Sacramento Family Law Attorney

The Mason Law Office helps clients in your exact situation as they deal with the legal issues of a divorce. To discuss your own situation, call us today at 833.770.1372 or contact us online.

Marin County Criminal Defense Lawyer

Will You Go to Jail for a DUI?

Drivers who are convicted of a DUI face a number of significant consequences. Some of the penalties for DUI include:

  • A potential jail sentence
  • A fine
  • Loss of your driver’s license for a period of time

A jail sentence for a DUI conviction is always a possibility. In California, the law allows for it, even on the first conviction. However, just because the law provides for a possible jail sentence does not mean that you will automatically serve time for a DUI conviction.

Factors that Can Influence a DUI Sentence

There are a number of factors that determine whether you will go to jail over a DUI. They include:

  • How much over the legal blood alcohol limit you were at the time that you were arrested
  • The degree of your reckless driving
  • Whether anyone was seriously hurt in the crash
  • Whether this conviction was a first offense

In other words, a possible jail sentence depends on the facts and circumstances of your arrest and conviction. Without anything further, a first-time offense may not be enough to send you to jail.

One thing that could help your legal cause is when you hire a DUI attorney to defend you after an arrest. A DUI attorney can help you in several ways:

  • They can help you fight the charges if you are not guilty or if your legal rights have been violated.
  • They can negotiate a sentence with the prosecutor if you choose to enter into a plea bargain, potentially sparing you from jail time for the conviction.

Contact a Marin County Criminal Defense Lawyer

If you are facing any DUI charges, the goal is to obtain the best possible legal outcome. If you have been arrested for DUI, call an attorney at the Mason Law Office today at 833.770.1372 or contact us online to schedule an initial consultation.

Marin County Criminal Defense Lawyer

Common Spring Break Arrests

Every year, millions of college students take the rite of annual passage by traveling over Spring Break. Even those who remain local try to let loose and enjoy themselves. Spring break does not end well for many college students who have been arrested for the following offenses.

Driving Under the Influence

When college students party over spring break, they do not always take the common advice to have a designated driver or call an Uber. They are often stopped for driving over the legal limits. These offenses can lead to a mandatory license suspension and even imprisonment, depending on the severity of the offense.

Drug Possession

Another common spring break arrest is for possession of drugs. The penalties escalate when the possession is with the intent to distribute. Even though drug laws have been liberalized, a conviction can still have serious consequences for a college student, including the loss of their federal student financial assistance.

Assault

In some cases, spring break parties can get out of hand. The combination of large amounts of alcohol and revelers in close quarters could lead to an increase in tensions. Occasionally, they may boil over into a fight. Spring break melees are a common occurrence when people let loose with reckless abandon.

Being convicted of any of these charges could have major ramifications for college students. Not only could they lose their freedom and their student assistance, but their professional futures could be jeopardized. Depending on the charges, a criminal record can follow you for a long time.

Contact a Marin County Criminal Defense Lawyer

If you have been charged with a crime over spring break, you should not be facing the charges alone. Contact an experienced criminal defense attorney at the Mason Law Office online or call us at 833.770.1372

drug possession attorney

Defenses Against Drug Possession

When the prosecution has charged you with drug possession, they must still prove their case beyond a reasonable doubt. The jury would need to consider your own defenses before they voted to convict you of the crime. Here are some ways that you can defend drug charges.

Lack of Intent

Possession is a crime that requires a showing that you actually intend to have the drugs. If you did not know that the substance in your possession was drugs or did not know that you had them on you, the prosecutor should not be able to obtain a conviction. The same holds true if the drugs belonged to someone else because you did not have the intent to possess them for yourself.

Illegally Seized Evidence

In almost every drug possession case, law enforcement has conducted a search to seize the evidence. Law enforcement must have probable cause to search for evidence. If they conduct a stop-and-frisk, they still must have a reasonable suspicion of criminal activity. If law enforcement illegally conducts a search-and-seizure, the evidence may be suppressed as the fruit of a poisonous tree.

Entrapment

In some cases, the drug arrest results from a law enforcement sting. However, there are limits on law enforcement’s right to entice a law-abiding citizen into committing a crime. Authorities cannot harass or threaten someone into committing a crime. They cannot badger them incessantly because, at a certain point, it crosses a line. An entrapment defense could lead to charges being dismissed or a not guilty verdict. 

Call a Sacramento Criminal Defense Attorney

If you are facing drug charges, you need to speak with an experienced criminal defense attorney immediately. The Mason Law Office is here when you need us. Reach out to us online or call us today at 833.770.1372 to talk about your case and possible defenses.

Sacramento Family Law Attorney

Can You Have an Uncontested Divorce in California?

Not every divorce must go to trial. It is possible to have an uncontested divorce, where the court grants the divorce filing with no need for a hearing. In uncontested divorces, there are no issues where the parties have failed to reach an agreement.

Spouses have the ability to negotiate their own divorce agreement that covers all the major issues, such as custody and property division. In fact, this is how most divorces end because trials are exceptionally rare. Even if the parties do not always agree at first, they eventually find the common ground necessary to settle the case.

Uncontested Divorces Are Less Difficult

With an uncontested divorce, the procedure is obviously smoother and less extensive. There is little, if anything, for the court to decide. The judge will review the terms of the divorce agreement, but will only rarely object to them. Usually, if the parties have negotiated a settlement and filed the agreement with the court, it will be incorporated as part of the divorce order.

Not only is an uncontested divorce possible, but it is the best thing for both parties. It is almost always better to stay out of court. This is not to say that you should accept any terms that your spouse offers just to have a deal. The terms of the divorce agreement should make sense for you. It always helps to have a lawyer negotiate the agreement on your behalf. They can work towards solutions, helping to break possible impasses between you and the other party.

Contact a Sacramento Family Law Attorney

The Mason Law Office works with spouses and parents to handle divorces. Never assume that a divorce is too routine to need a Sacramento family law attorney. You can reach us at 833.770.1372 or contact us online to discuss your case.

Sacramento County Family Law Attorney

How Does Spousal Support Work?

Spousal support, also known as alimony, is not something that is a part of every divorce. Everything depends on the circumstances of your own divorce and the economic position of each of the two partners. Spousal support is the court’s way of equalizing the standard of living between the two spouses when one has a greater earning power than the other.

Permanent and Temporary Spousal Support

There are two types of spousal support. The first is when one spouse needs some help, either during the divorce or while they work to enhance their own income potential. This type of spousal support is temporary. A court will usually order it for a set period of time, and it will have a termination date.

In other cases, the earnings disparity may never lessen. The law does not want one spouse to suffer a permanent reduction in their standard of living while the other spouse is able to maintain a lifestyle closer to that which the couple lived while married. Then, a court may order permanent alimony, paid either as a lump sum or in monthly payments.

The spousal support system is not blind to the situation of the paying spouse. The court will also consider the impact on the paying spouse and what spousal support may do to them. Alimony could be instituted through the agreement of the two parties in the separation agreement, or a judge could order in the contested phase of the divorce. Both spouses should consult an attorney.

Contact a Sacramento and Marin County Family Law Attorney

The Mason Law Office can help you work through divorce issues, including spousal support. You should call a lawyer early in your divorce process. Reach out to us online or call us at 833.717.1127 to begin getting legal help.

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