Pat Geddie, Author at Mason Law Office

Do You Need a Lawyer for a First-Time Drug Charge?

Being charged with a drug offense can be intimidating, as you might not know what the charge entails and how it might impact your freedom now or into the future. Having a record can impact your future in many ways, and doing whatever you can to avoid a drug offense on your record is advised. This is where an experienced criminal defense lawyer comes in.

If you are facing drug charges in Sacramento or Marin County, a skilled criminal defense attorney from Mason Law is here to assist you and represent your rights throughout every step of your case.

Penalties for First-Time Drug Offenses

You might think that a first-time possession charge is not serious enough to warrant a defense lawyer, but this is not true. If you are accused of possessing even a small amount of unlawful substances, you can still face misdemeanor charges and up to one year in county jail. Further, depending on your circumstances, you might face felony charges for even a first-time drug charge, such as if you have prior violent crime or sex convictions.

You do not want to risk fines, jail time, or probation, and you always want to avoid a criminal record whenever you can. This is why it is essential to have a proper defense for even a seemingly minor misdemeanor drug charge.

Connect with Sacramento County and Marin County Criminal Defense Attorney Right Away

Having an experienced and knowledgeable criminal defense lawyer can make the difference between you having a record or not, and maintaining your freedom or having to spend time in jail. Your freedom and ensuring that your rights are protected is the prime focus of Mason Law. Reach out now to schedule a consultation to discuss your case and how we can help you protect your rights and stay out of jail.

Increased Arrests Over the Holidays

The holidays should be a time of celebration and joy, but for some, this time is disrupted by an arrest and criminal charges. Not only do certain crimes increase during the holiday season, but so does enforcement by police officers. If your holiday season comes to a halt due to an arrest, you should immediately reach out to a Marin County and Sacramento County criminal defense attorney.

Common arrests over the holidays include:

Driving under the influence (DUI) – Holiday celebrations often involve alcohol, and police officers will be on hyper-lookout for potential drunk drivers. This can lead to more DUI arrests, some of which stem from wrongful traffic stops.
Theft crimes – Shoplifting increases during the holiday season when retail stores are usually packed with seasonal staff and customers. In addition, identity theft can happen more often, check or credit fraud, or even burglary of homes. Many arrests happen for a variety of theft crimes during the winter holiday months.
Domestic violence – The holidays are a stressful time, and many couples can have greater tension. Many people call 911 to report domestic violence, which often ends in an arrest. These allegations can be false or exaggerated, and anyone accused needs an aggressive defense.

If you are arrested for any of the above, you will likely spend some time in jail before you are released, or a bond is set. At this point, you should seek help from a criminal defense attorney who can review your circumstances, try to get any bond reduced or eliminated, and begin preparing to defend against your charges.

Speak with a Sacramento Ca. Criminal Defense Lawyer Right Away

If you get arrested during the holidays, it is critical to have the right legal assistance from Mason Law Office as soon as possible. Contact us to discuss your charges and how we can assist you.

Options for Resolving Your Divorce Case

There is no singular “divorce process” that every case follows. Your divorce will be just as unique as your marriage, and how you resolve your case will depend on how you and your spouse are able to communicate, as well as the complexities involved. An experienced Marin County and Sacramento County divorce attorney can review your circumstances and advise you on the possible options for resolving your divorce.

Negotiation and Mediation

Many spouses are able to agree on all major issues out of court, which allows them to then file an uncontested divorce. Such issues include:

Child custody
Child support
Community property division
Spousal support

While you might not agree on everything from the start, the right attorney can engage in informal negotiations with your spouse’s attorney. Having objective negotiators can often help you reach a middle ground regarding all relevant issues.

If negotiations are not successful regarding every issue, we can represent you while you engage in mediation. A mediator will sit down with you and your spouse and work to facilitate compromise. If you reach agreements on unresolved issues in mediation, we can review or draft your mediation agreement to ensure it is in line with your rights under the law. Following successful negotiations or mediation, you can present your agreement to the court, which is likely to approve it and grant your divorce.

Litigation

If everything cannot be resolved properly, you might need to go to court for one or more issues. You need an aggressive litigator on your side who can present your case to the judge, who will then hopefully rule in your favor. Without the right representation at trial, you risk an unfavorable outcome, which can impact your future in many ways.

Let a Sacramento and Marin County Divorce Lawyer Protect Your Rights

At Mason Law Office, our Sacramento California divorce lawyer is known for our aggressive representation of our clients – both out of court and at trial. Contact us for help with your divorce case today.

Out-of-State Travel with Your Child

Many families are getting ready to travel to see loved ones for Thanksgiving or winter holidays, and this can be more complicated for parents who share custody of their child. If you are traveling within the State of California, it should not be a problem, as long as you have your custody dates worked out for the holidays. However, if you are planning to travel with your child out of state, it can be more complicated.

California family law requires a parent to seek the consent of the other parent prior to traveling out of state with their shared child. This can be accomplished in different ways, including simply emailing or texting the other parent for their consent. It is wise to have this consent in writing – even in informal messages – in case a dispute arises later.

Even if your parenting plan allows specific out-of-state travel, you should still always keep the other parent informed of your travel plans with your child. Doing so is not only considerate but covers your bases to ensure there are no disagreements or issues once you are traveling. It is important to include specifics of your travel in the written communications, such as the specific travel dates and times, where you will be staying, and more.

If, for some reason, your child’s other parent refuses to consent to out-of-state travel, you can petition the court to allow you to travel with your child. This takes some future planning, and you want the right legal assistance during this process. If you can demonstrate to the court that this travel is in the best interests of the child, the court will likely grant your petition.

Consult with a Sacramento and Marin County Child Custody Attorney

For any questions regarding child custody or travel with your child, speak with a Marin County and Sacramento County child custody lawyer at Mason Law Office. Contact us to discuss your concerns and options.

Is a Prenup Right for You?

In the past, many people hesitated to consider a prenuptial agreement because they preferred not to negotiate with their future spouse about a possibility of a divorce before the marriage. However, the alternative can be a messy and expensive divorce where the two parties end up battling about money and property. A prenuptial agreement is a way to avoid this dispute.

How Prenuptial Agreements Help

This agreement will help you in several ways:

It will decide in advance how property and assets are to be divided in the event of a divorce
It can lay out spousal support
It can protect property that you bring into the marriage with you
It will allow you to leave your own separate property to whomever you want

Prenuptial agreements are generally the right thing if you have assets that you have accumulated before the marriage. Those can very easily end up becoming part of the marital estate without an agreement to the contrary.

Equitable Distribution Introduces Uncertainty

California will divide marital estates equitably, which means that they can look at a number of factors in reaching their own conclusions about how to divide the estate. This means that there is a tremendous amount of uncertainty in any divorce dispute. Signing a prenuptial agreement (assuming that it is fair and reasonably negotiated) is one way to protect yourself and lend some certainty. More people are deciding on this agreement, especially as they see what their parents’ generation has gone through in the courtroom.

Sacramento and Marin County Divorce Attorney

Each spouse needs their own separate attorney to help them with the prenuptial agreement process. They also need to exercise great care in negotiating the agreement, so it will be enforceable. Call the Mason Law Office at 833.717.1127 or contact us online to learn more about a prenuptial agreement and how it works.

Penalties for Drug Possession In California

While California has liberalized drug laws, possession charges can still carry a stiff sentence. This will have consequences in the short-term and long run.

Now, possession of a controlled substance is no longer a felony in California. It is a misdemeanor, punishable by up to one year in prison. This includes drugs like:

Heroin
Cocaine
Morphine
Prescription drugs

In order to win a conviction, prosecutors will need to prove that you knew that you possessed an unlawful controlled substance. There is no such thing as a possession crime without intent.

Drug Diversion Programs Are a Possibility

While one year is the maximum sentence for a possession crime, not every single conviction is punished with prison. Public policy in California is moving toward the treatment of drug offenders as opposed to incarceration. You may be eligible for a drug diversion program. Preferably, this is one that could keep your criminal record clean. Otherwise, you may have difficulty passing a background check, and this could keep you from getting a job or even a place to live. Drug diversion programs could give you a clean record once you complete the terms of the program.

Hiring an attorney after a drug conviction could make a difference in the penalty. With an attorney, you have someone who can either fight the charges or negotiate a more lenient penalty with the prosecutor. An attorney will quickly get to the bottom of your case and give you a legal strategy to follow to either successfully contest the charges or minimize your punishment.

Learn How Sacramento and Marin County Criminal Defense Attorney Can Help

The Mason Law Firm provides clients with experienced and aggressive legal representation when they are facing drug charges. Call a Marin County criminal defense attorney today at 833.717.1127 or contact us online to schedule your initial consultation to discuss your case.

What are Your Miranda Rights?

Anybody who has watched a television show or movie knows about the suspect being told that they have the right to remain silent. Practically every observer, even those without law degrees, can recite these lines by heart. This is also known as Miranda Rights, and there is a legal purpose behind this.

These rights come from the Supreme Court case of Miranda v. Arizona. In that case, the defendant was arrested in his home and brought to the police station for questioning. He was interrogated for over two hours without being advised of his right to an attorney. He made a confession, which law enforcement tried to use against him at trial. On appeal, the Supreme Court reversed his conviction to the extent that it was based on his confession.

What Police Must Say When They Make an Arrest

When police arrest someone, they have to affirmatively let them know that they:

Have the right to remain silent
Have a legal right to an attorney
Anything that they say otherwise can be used against them in court

If the defendant keeps talking at that point, they can incriminate themselves. Nonetheless, the warning is a procedural safeguard to protect the defendant’s legal rights. If the police obtain a confession without advising the defendant of their legal rights, it can be thrown out. The prosecution will need to show that these warnings were given, and that the defendant waived them by continuing to talk or answer questions after that point.

Consult with a Sacramento and Marin County Criminal Defense Lawyer

In reality, Miranda Rights issues are more complicated because police have crafty ways around them. This requires a lawyer to defend you and challenge the evidence. If you have been charged with a criminal offense, call a Sacramento criminal defense lawyer at Mason Law Office at 833.717.1127 or contact us online to get the legal advice and protection that you need.

Types of Theft Crimes

Theft is a crime that can be charged numerous ways in California, depending on how much was allegedly taken and how. The penalties for these crimes can vary. How they are charged also depends on the prosecutor and the actions of your own attorney. Here are some of the theft crimes in California.

Petty theft is the most minor form of theft. This is property valued below $950, and it is akin to shoplifting. There may be issues in how the prosecutor is valuing the property that was taken. This is a “wobbler” crime that could result in a prison sentence of up to two months.

When the property is valued higher, it becomes grand theft. This can be charged as a misdemeanor or felony based on the defendant’s prior criminal record. If the charge is a felony, the prosecutor could seek up to three years in prison.

More Serious Types of Theft Crimes

The penalties become worse when the defendant allegedly does something worse than just take the property. When they use force or the threat of force, it is robbery. Then, the penalty depends on where the crime happened. The jail sentence can range up to nine years if the crime happened inside a structure or near an ATM.

If the defendant has entered another’s property unlawfully with the intent of taking property, it is burglary. Residential burglary can be punished with up to six years in prison. The sentence will be higher if a firearm is used in the commission of the crime.

Contact a Sacramento and Marin County Criminal Defense Attorney

If you are facing theft charges, your Sacramento criminal defense attorney could challenge charges that do not match the facts or can fight the case if the evidence does not support the charge. Contact the Mason Law Firm online or call us at 833.717.1127 to schedule your consultation to discuss your case.

Can You Receive Alimony?

Spousal support depends entirely on the facts of your case. You would need to show that you meet the criteria for one of the recognized types of alimony. The court would look at both your own financial situation and that of your spouse to decide whether you should receive alimony and how much should be paid.

Alimony in California

In California, there are several types of alimony. They are:

Temporary spousal support – this is paid to the other spouse, and it has a time limit. This is usually awarded when one spouse needs time to get their own financial situation settled. It can stop at the divorce or continue for a limited duration afterward.
Permanent spousal support – this is awarded when the two spouses have a completely different earnings capacity and otherwise would experience a large disparity in their standards of living.
Lump-sum spousal support – by special agreement of the spouses, one pays the other a lump sum.

Alimony Awards Are Uncommon

For spousal support, there must be a difference in salaries and each spouse’s ability to make a living. The court awards this (or the spouses agree) because they want to level the playing field between the two spouses. They do not think it to be fair that one spouse lives far better than the other after the divorce because they make far more money.

Still, alimony awards are relatively rare today. You may get the same type of financial relief by getting a higher distribution of the marital estate based on earnings capacity.

Call a Sacramento and Marin County Divorce Lawyer

If you have questions about alimony or any other divorce issues, contact a Sacramento or Marin County lawyer at Mason Law Office online or call us today at 833.717.1127. We can give you legal advice about your divorce and be an advocate for your interests.

What is an Uncontested Divorce?

Thankfully, not all divorces are heated and contentious affairs. In some divorces, the spouses have agreed on all of the terms. At that point, there is nothing for them to dispute in court in front of a judge. They would file for an uncontested divorce, that the court would grant after a brief hearing. However, it may take some work to get to the point where both parties agree to all terms.

Initially, there are many areas that need to be ironed out in a divorce. They include:

Custody
Spousal support
Property division

With negotiation and compromise, the hope is that the two spouses can move towards an agreement. This is the ideal scenario because it means that there is less contention, posturing and expense. It also helps the two spouses to have a better relationship after the divorce, which is especially important when they have children.

It Can Take Work to Reach an Uncontested Divorce

Even though an uncontested divorce sounds easy, it can be anything but to reach that outcome. Hiring an attorney can help you get the point of an uncontested divorce because they could negotiate on your behalf. They may also help with suggestions when you and your ex-spouse have a difference of opinion.

Once you reach an agreement, you will file the marital settlement agreement with the court along with the necessary forms. You may need to physically go in front of the judge, but there will not be any arguments. Usually, approval of the agreement is a formality unless there are terms in the agreement that are blatantly unfair or unconscionable.

Seek Help from a Sacramento and Marin County Divorce Attorney

Getting a divorce attorney involved early in your case can increase the chances of your best possible legal outcome. Call a Sacramento or Marin County divorce attorney at the Mason Law Office at 833.717.1127 or contact us online to learn more about how we can help you.

Author: Pat Geddie