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Author: Pat Geddie

Marin County Divorce Attorney

How Long Does a California Divorce Take?

Many spouses want to be done with their divorce as soon as possible, so they can turn a new page in their life. Under California law, the process will take time, even when the two spouses are able to agree on all issues.

There is a minimum waiting period of six months from the time that you file for divorce. The policy behind the waiting period is to give spouses time to think things over and potentially work out the issues between them. The spouses may not necessarily wait six months for the judge to hear the case and issue an order, but it would not be effective until the six-month mark. In some cases, everything could be over except for the waiting.

A Divorce Hearing Could Lengthen the Timeframe

The six-month period is even when the spouses are able to reach a settlement on their own without the involvement of the court. The process will take even longer if they cannot agree on certain issues. If the judge needs to decide issues like custody or property division, you can count on the process taking far longer. Divorce trials take time to schedule because of the court’s busy docket. In addition, the two parties would need to go through the entire trial process, including discovery.

While the six-month wait is mandatory, you could do things to make your divorce proceed more quickly. One step is to call an experienced lawyer who can help you negotiate a settlement agreement to keep the case out of court.

Contact a Sacramento or Marin County Divorce Attorney

The Mason Law Office will work with you to protect your legal rights in a divorce and help move the process along. Send us a message online or call us at 833.717.1127 to get the legal advice you need for your divorce.

Sacramento County Felony Defense Attorney

Felony Penalties in California

Certain serious crimes in California are charged as felonies. If the defendant is convicted of the crime, they can expect serious penalties, including jail time and fines. They will also face other collateral consequences of their conviction.

There are several options for jail sentences, depending on the severity of the crime. The defendant could receive a low, medium, or high term sentence. Most felonies are punished with medium-term sentences. Most felony crimes have a specific sentence spelled out in the statute. These sentences can be 16 months, two years, or three years.

Serious Felonies Lead to Longer Sentences

When the defendant is convicted of a violent crime that has caused injury or death, the sentence will be far greater. In addition, some crimes could have aggravating factors. For example, the sentence could be enhanced when the defendant is convicted of their third felony, and they have been convicted of violent crimes.

Felonies also result in fines of up to $10,000. While this could impose a substantial financial burden, this is often the least of the defendant’s worries when they are facing time in state prison or county jail.

Felonies do not automatically mean jail time for the defendant. While it is not common, the defendant may receive felony probation ordered by the court or in a plea agreement with the prosecutor. Then, the defendant could expect a 3-5 probation, with drug testing and regular meeting with a probation officer.

If you choose to enter into a plea bargain, your attorney may be able to negotiate for a lower sentence than if you were convicted at trial.

Contact a Sacramento and Marin County Criminal Defense Attorney

The Mason Law Office will provide you with aggressive and no-nonsense legal representation when you have been charged with a criminal offense. Call us immediately at 833.717.1127 or contact us online if you have been charged with a crime.

Sacramento Family Law Attorney

Can You Get Sole Custody in California?

In California, sole custody is when one parent has the ability to make important decisions for the child or when the child spends nearly all of their time with that parent. As a matter of policy, courts want both parents involved in the child’s life, and this is usually what is in their best interests. When a parent wants sole legal custody of a child, they would need a good reason to persuade the judge.

Sole Custody Is Not the Normal Rule

Courts will only consider the interests of the child. Normally, what happens between the parents is not relevant to the determination of custody unless one parent had committed some kind of domestic violence or abuse. The court will, first and foremost, be interested in the safety and well-being of the child. If you can show that one parent is a danger to the children or is not equipped enough to exercise custody, then the court may award sole custody.

Most often, sole custody would be awarded if there is a history of:

  • Substance abuse
  • Child abuse
  • Domestic violence

However, courts may also consider sole custody when the other parent has not been involved in the child’s life before and does not have the experience to be a parent. Courts also want to ensure continuity and stability for the child. If you want sole custody, you are working against a presumption of the court wanting two parents for the children, so you will need compelling evidence to persuade the court.

Contact a Sacramento Family Law Attorney

If you are dealing with a family law issue, you should not be trying to handle it alone. The Mason Law Office can give you practical legal advice for your situation. Call us today at (833) 717-1127 or contact us online to discuss your case.

Sacramento Ca. Criminal Defense Lawyer

What are Your Miranda Rights?

Nearly everyone can recite almost word-for-word what police say when arresting a suspect after years of watching police shows and Law and Order. However, they may not know why police must say these words and their meaning. These are called Miranda Rights. The name comes from a Supreme Court case that declared these to be a defendant’s constitutional rights.

Many suspects do not know what to do after being arrested. Law enforcement may ask innocent questions or interrogate the suspect, knowing that they can use whatever the person says at their trial as evidence to convict them. This is seemingly unfair to a defendant who may not know not to answer an innocent question or thinks that they can talk their way out of trouble.

Your Legal Rights After an Arrest

An arresting officer must read the suspect their Miranda rights. They tell a suspect that they:

  • Have the right to remain silent
  • Anything they say can and will be used against them in court
  • They have a right to a lawyer
  • If they cannot afford a lawyer, one will be provided to them

If the officer does not inform a suspect of their rights, any evidence that law enforcement has obtained as a result cannot be used. If the suspect said something without being warned that what they say can be used against them, that evidence can be suppressed. In many cases, these can be very gray areas because the police will try to innocently sneak in a statement to get the suspect talking before they read their rights. Law enforcement knows exactly what the line is, and they often try to ride it.

Contact a Sacramento Ca. Criminal Defense Lawyer

If you have been charged with a crime, you need a lawyer to protect your legal rights, especially when there are issues of illegally obtained evidence. Call the Mason Law Office at (833) 717-1127 or contact us online to discuss your case.

Sacramento Criminal Defense Lawyer

What is California’s Three Strikes Law?

In the 1990s, California followed the rest of the country in toughening its sentencing law with the intent of cutting crime. Like many of these statutes meant to show toughness, the California Three Strikes Law led to many harsh and unjust outcomes. There is still some form of that law on the books, although it was made slightly more lenient a decade ago.

The thought behind the Three Strikes Law was to “get tough” on repeat offenders and take them off the streets. As originally passed, this law made a 25 years to life sentence mandatory on the third felony conviction. However, the original law led to many seemingly unjust results, where people convicted of nonviolent or lesser felonies ended up with life sentences.

Mandatory Sentences on Some Felony Convictions

In 2012, California voters approved a ballot measure to change the Three Strikes law. Now, the law still imposes a mandatory sentence on the third felony conviction, but the third conviction must be for a violent felony. If the defendant is convicted on a drug or theft charge for their third conviction (or other nonviolent crimes), there will not be a mandatory sentence. There may still be harsh consequences, but the law is not as unfair as it was.

However, the possibility of a penalty on the third conviction means that defendants must be careful when facing any felony charges. If they are considering a plea agreement, they might want to consider trying for a misdemeanor charge if that is an option. If not, they will need to make a strategic decision with their lawyer whether to fight the charges.

Contact a Sacramento Criminal Defense Lawyer

When you need a heavy hitter in court, the Mason Law Office should be your choice for a defense attorney. Call us today at (833) 717-1127 or contact us online to discuss your case.

dui arrests

DUI Arrests on New Year’s Eve

This past year, California Highway Patrol officers arrested 244 people for DUI offenses on New Year’s Eve. This is in addition to arrests made by local police departments. This day has one of the highest numbers of DUI arrests because of the sheer number who are out drinking.

California Highway Patrol Runs Sweeps

Police officers are out in force on New Year’s Eve to make arrests. They often run sting operations around the holidays, peaking on New Year’s Eve. In part, they are out to keep the roadways safe for everyone else. Police know that many will not opt for a designated driver or an Uber. They are lying in wait where you may not even expect them.

New Year’s Eve is just part of a 30-hour enforcement program over the entire New Year’s holiday. Even though officers are out in force, it does not reduce the high number of DUI fatalities on New Year’s Eve. These are continuing to increase, notwithstanding officers’ enforcement efforts.

Many Arrests Could Mean Police Mistakes

Because officers are intent on making arrests during high-risk periods, they may take shortcuts or make mistakes just to apprehend a suspect. Officers may mishandle key evidence or violate your rights in other ways. Just because you have been stopped does not mean that you do not have a defense to the charges. You may decide to fight the charges or to try to negotiate a plea deal. Either way, you should call an attorney right after you have been arrested to mount the most effective defense.

Contact a Marin County Criminal Defense Lawyer

If you have been charged with DUI, you should not face these charges alone. We can help. Call The Mason Law Office at 833.770.1372 or contact us online to get legal help.

Marin County Criminal Defense Lawyer

Do You Need a Lawyer for a Shoplifting Charge?

If you have been arrested and charged with shoplifting, you should not try to face the legal system on your own. No matter what, you should hire an experienced lawyer to help you navigate the criminal justice system.

Shoplifting is not always a minor charge. If the value of the goods was more than a certain amount, the charges could be more than petty theft. You may even be facing jail time. You may be in a more difficult legal position than you think.

A Conviction Means a Criminal Record

Even if the charge seems minor to you, it could result in a criminal record. Your history can dictate your future, as a conviction could show up on background checks, holding you back from what you want to achieve. If you are convicted of something else in the future, your sentence could be even greater.

In addition, you may be able to defend against the charges. Even crimes that seem to be minor do not result in automatic convictions, especially when the prosecutor does not have the evidence. You could take the case to trial. Alternatively, your lawyer could negotiate a plea deal that has a minimum penalty for you.

When you are trying to handle your own case, you may not even know what you are facing. All you can see is the next few days. You may want to try to make the charges go away no matter what. Regardless of your thought process, you are putting yourself in a position of weakness.

Contact a Marin County Criminal Defense Lawyer

The Mason Law Offices should be your first call when you need legal help after an arrest. Contact us online or call us at 833.774.0602 to schedule your initial consultation. You do not have to go through this alone.

Marin County Family Law Attorney

Preparing for a Possible Divorce in 2022

You may not always be able to control the circumstances that could lead to divorce. Regardless, before you begin the process, you should prepare ahead of time. Preparation means making efforts to get ready, both emotionally and legally.

Preparing Yourself Emotionally

Divorce is not an easy process. There will be plenty of down periods where you may feel angry and sad, often at the same time. Your emotions come to the forefront often, and it often feels like you are just trying to hang on through the period. Before you begin the divorce process, you should have a plan of self-care in place. If you need professional help, you should not hesitate to get it. In addition, plan to have a support network backing you. Finally, you should have a plan for being nice to yourself during a difficult time.

Hire an Experienced Lawyer

Before you begin the divorce process, you should also see an experienced lawyer to prepare. You will be forced to make many difficult decisions as you seek to resolve legal matters. These should not be things that you are dealing with on the spur of the moment. An attorney will help you put a strategy in place to achieve the best outcome. Your lawyer will also assist you in avoiding common mistakes that people make during divorce. Finally, the attorney can handle the details of the divorce, keeping you from having to deal with things directly when emotions often get the best of people.

Call a Marin County Family Law Attorney

The Mason Law Offices will be with you every step of the way when you are going through a divorce. Call us today at 833.770.1372 or contact us online to discuss your case. Divorce is not something that you need to brave alone.

Marin County Divorce Lawyer

What are the Requirements to Get a Divorce in California?

A divorce can be one of the most stressful and impactful experiences of your life, as it involves the breaking apart of a marriage – and often, a family. Divorce requires that you divide your property and, if you have children, determine custody rights. This is a complex process, and you want someone protecting your interests.

If you are considering filing for divorce in Sacramento County or Marin County, an experienced divorce attorney from Mason Law is here to advise you and negotiate on your behalf.

California Divorce Laws

Getting divorced is a final legal judgment, and the law takes the divorce process very seriously. There are certain requirements to get a finalized divorce, including:

  • One spouse must live in California for at least six months before filing, as well as the county where they are filing for three months.
  • There must be a divorce petition properly completed and filed in the proper family court.
  • The petition must cite no-fault grounds for the divorce, which is irreconcilable differences.
  • The spouses must resolve all relevant issues, including community property division, child custody, spousal support, and child support (whether by an out-of-court agreement or at trial).

The best way to ensure you meet all divorce requirements and that the process starts off on the right foot, seek legal help from the start.

Consult with a Marin County and Sacramento County Divorce Lawyer Today

An experienced divorce attorney from Mason Law is here to answer any questions you might have about your divorce case. We know how to help you achieve an agreement outside of court when possible, so that you don’t have to leave the decision about your future to the court. Reach out to our legal team to schedule a consultation to discuss your situation. We can help you through every stage of your divorce case.

Sacramento County Criminal Defense Attorney

Potential Effects of a Criminal Record on Your Future

Being charged with a crime can markedly damage your reputation, and if you are convicted of the crime and have a record, your entire life can change. If you have a criminal case in Sacramento or Marin County, one of the experienced criminal defense attorneys from Mason Law is here to answer any questions you might have and assist with your defense.

Long-Term Effects of Convictions

Criminal convictions can have different effects, depending on your circumstances. Landlords might perform background checks and refuse to rent to someone with a certain criminal history. While California has enacted protections against using criminal records in hiring, some employers will perform a background check if you have a conditional offer of employment. If a company believes that your conviction will impact your job performance, they can deny you the position.

Convictions might also affect:

  • College or university acceptance, scholarships, or athletic opportunities
  • Professional licenses
  • Child custody or divorce cases

If you have a license suspension from a conviction, it can also affect your ability to work certain jobs or even to simply take your children to school.

Too many people think they can save some money by not hiring a criminal defense lawyer, when in reality, a resulting conviction is much more costly than they might imagine for years to come.

Reach Out to a Marin and Sacramento County Criminal Defense Attorney Now

The outcome of your criminal case can have long-term impacts on your life. This means that it is critical to avoid a conviction on your record – even a misdemeanor offense – whenever possible. If you are arrested or facing charges, connect with an experienced criminal defense attorney from Mason Law now to schedule a consultation. We can discuss options in your case and begin building the strongest possible defense to avoid a conviction.

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