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Author: Pat Geddie

plea agreement

What is a Plea Agreement?

Since there are many cases in the court system, the prosecution can offer you a plea deal so they do not go to trial. A plea agreement has several pros and cons, and you must work with a Sacramento criminal defense lawyer to see if it is the best option for you.

Pros and Cons of a Plea Agreement

One caveat to a plea deal is that you must admit you are guilty of the crime in open court before a judge. A plea agreement is not the best option for you if you are not guilty. Upon pleading guilty, the judge will determine your sentence with recommendations from the prosecution.

The advantages of a plea agreement are a lighter sentence for a crime you did commit or a reduced charge. The most common reduced charge is pleading guilty to a misdemeanor instead of a felony with fewer consequences. Another advantage is when you accept a plea, the case is over, and you just have to prepare for sentencing. It also helps you avoid unpredictable trials.

Among the disadvantages is you will not get a not guilty result, and you will always have the guilty charge on your record. When the prosecution has issues in their case, they will offer a plea, and if you accept, you risk not defending yourself. Another caveat is you can reach a plea agreement with the prosecution, but the judge doesn’t have to accept it, which can leave your future in the air.

Get a Consultation Today

Sometimes the prosecution will pursue individuals into accepting a plea deal even when they have sufficient evidence, or the individual is innocent. If you face criminal charges and a plea deal is brought up, you must discuss your options with a Sacramento criminal defense attorney at the Mason Law Office by contacting our office today.

criminal defense

Common Arrests During the Holidays

The holidays are full of laughter, stress, and shopping, but for some individuals, it is the perfect time to commit a crime. Among the chaos, you can be mistaken for committing a crime when you were not. Some of these crimes result in charges for innocent victims, which is why you need a Sacramento criminal defense attorney on your side. 

Watch Out For These Crimes

The holidays are notorious for crime and among the most common are:

  • Burglary: when someone breaks into a vehicle or home. Gift-giving and shopping are at the forefront of the holidays, but you should not be mistaken for stealing when loading your car.
  • Credit card theft or fraud: skimmers, stolen card numbers, and more are common types of credit card theft and fraud. You can be accused of fraud when reporting your card stolen, as companies are on high alert. 
  • Domestic violence: the holidays bring everyone together, and some arguments can arise. You can be arrested for domestic violence when you are defending yourself.
  • Identity theft: pretending to be someone else is a crime, but you might be using someone else’s card to purchase something with their permission resulting in an arrest.
  • Shoplifting: store employees can mistake you bringing bags into the stores as an attempt to shoplift.
  • Return fraud: stores are on high alert for returns without receipts and can mistake your genuine dislike for an item for return fraud.
  • Package theft: porch pirates are on the lookout, which leads to confusion and false accusations.

Hire The Right Criminal Defense Lawyer For You

We fight for innocent individuals and work to get you home in time for the holidays. You should not spend the holidays in jail for a crime you did not commit. You must contact the Mason Law Office immediately if you are arrested for a holiday crime. Contact our office to schedule an appointment with a Sacramento criminal defense lawyer today.

divorce

What to Do if Your Spouse Files for Divorce

Being on the receiving end of a divorce filing can be traumatic, even if you know that it is coming. How you handle the process can dictate how the divorce ultimately goes for you and your legal position.

Your first step should be to contact an experienced attorney. Being served with divorce papers is a difficult experience for anyone, and it can certainly spark emotions. You would need to detach yourself from the situation to the fullest extent possible and think rationally about what you may want in a divorce settlement or litigation. Realistically, you would need to compromise, as difficult as it may be for you.

When you first learn of the divorce filing, you should remain as calm as possible. You will have a limited period of time to respond to the filing. You would need to negotiate a marital settlement agreement or take your case in front of the judge. At the same time, you are also dealing with upheaval in your personal life.

You will need to anticipate your own situation and figure out how you can work within the best interests of your children (if you have them). You would also need to take stock of your own financial situation in order to figure out your own negotiating position and what you need.

Hiring an attorney can help you focus more on your personal life and dealing with the divorce itself. A lawyer can handle the details of your divorce and help you focus on what is important.

Call a Marin County Divorce Attorney Today

The Mason Law Office is here to assist you when you are going through a divorce, providing balanced advice while advocating for your interests. To speak with an attorney, you can reach out to us online or call us today at 833.774.0602.

criminal defense lawyer

Simple vs. Aggravated Assault in California

Simple assault is when you make an attempt to violently injure someone when you have the ability to do so. For example, attempting to punch someone can be considered simple assault, even if you do not make physical contact. Shoving someone can also be charged as simple assault. Simple assault does not even need to involve your own bare hands. You can be charged with simple assault for throwing rocks or even a drink at someone. So long as you had the intent and the ability to place someone in fear of bodily harm, you can face criminal charges.

Aggravated assault is a much more serious form of assault that is magnified by the presence of one or more “aggravating” factors. Consequently, a conviction would result in a much more severe punishment. While simple assault is a misdemeanor, aggravated assault is a wobbler that can be charged as either a felony or misdemeanor.

Some of the factors that could elevate an assault charge to aggravated are:

  • Causing great bodily harm
  • Using a firearm or other deadly weapon
  • Assaulting certain people, such as a school employee, peace officer, firefighter, or a police officer
  • Committing assault in the commission of another crime

While simple assault can lead to a jail sentence of up to six months, aggravated assault is punishable by up to a year in prison. You are much more likely to receive a jail sentence for an aggravated assault. How the crime is charged will greatly impact the consequences that you may face.

Contact a Marin County Criminal Defense Attorney

If you have been charged with a crime, you need a diligent and tough criminal defense lawyer – and that is what we are at the Mason Law Office. To discuss your case, you can send us a message or call us today at 833.774.0602.

child support order

Can You Modify Your Child Support Order?

Once the court enters a child support order, it is not set in stone. The court may grant a motion to modify the child support order if there has been a change in circumstances from the time that the original order was entered. This standard is not always an easy one to meet, but it is certainly possible. A parent may request a modification at any time. Both parents have the right to seek to modify child support.

Most often, a parent files for a modification based on either a change in their own income or that of the other parent. Not every annual raise would be enough to entitle the receiving parent to more money in child support. Courts would generally grant a modification if the support order would change by 20% or $50, whichever is less. The paying parent may also file for a modification to reduce child support if their income falls.

A change in the children’s needs may also be enough for the court to grant a motion to modify child support. For example, if a child has special needs that are becoming more apparent, the court could order a modification to compel a parent to pay more.

The court would consider a motion to modify in the context of the best interests of the children, but it would also consider the parent’s ability to pay. A parent is not expected to fall below the poverty line because of their child support obligation.

Contact a Marin County Family Law Attorney

The Mason Law Office is here to assist you with family law needs. You should not try to handle matters on your own when they are complex and beyond your own capabilities. To speak with an attorney, you can send us a message online or call us today at 833.774.0602.

divorce case

Timeline of a Divorce Case

Divorce in California does not happen overnight. Not only is there a six-month waiting period for a divorce, but there are a number of things that must happen legally before the court can enter the divorce order.

The divorce case begins when one spouse files a Petition of Dissolution with the court. That starts the six-month time period. When one spouse files the Petition, the other spouse will have 30 days to respond to it. If there are no issues to decide, and the two spouses do not have any disagreements, they can request that the court enter a judgment after the six-month period elapses.

There may be some immediate issues that the court may need to decide. For example, the two spouses may not agree about child support or custody matters in the interim, one party can file an Order to Show Cause, and a judge would hold a hearing about these issues sooner.

Divorce cases can last for much longer than just the six-month period. This time period assumes that everyone is in agreement. If there are long-term custody disputes or disagreements about property, the case could last for years. The judge could hold a final divorce trial that decides all matters in dispute.

Divorce trials are very rare, but the case could still last beyond the six-month period. Hiring an experienced divorce attorney could actually increase the chances that you may reach a marital settlement agreement. Your lawyer will give you commonsense legal advice tailored to your own situation.

Contact a Marin County Divorce Lawyer Today

The Mason Law Office will provide you with personalized and sensible representation in your divorce case. Our advice is geared towards getting the best outcome for you. To schedule an appointment, you can message us online or call us today at 833.717.1127.

4th amendment violations

4th Amendment Violations by Police

The Fourth Amendment provides you with the legal right to be free from an unreasonable search or seizure. There are a number of ways that a search or seizure can be wrongful. If the police have violated your Fourth Amendment rights, you may have certain recourse in court that could even mean the end of your criminal case.

The police cannot simply walk into your home to take evidence, nor can they automatically look into your car. They cannot obtain a search warrant unless they show evidence that they have a reasonable belief that a crime has been committed. Once they have a search warrant, they cannot overstep the bounds that are clearly listed in the search warrant. Police also cannot arrest you unless they have probable cause.

Fourth Amendment violations do not always result in evidence being suppressed. First, there are a number of exceptions to the Fourth Amendment that allows police to conduct searches without warrants. If they are already on your property, and they see probable cause elsewhere, they can look where they need to in order to conduct a search. You must show that the illegal evidence seized was the “fruit of the poisonous tree.”

If the police did not have probable cause to arrest you, there is a possibility that you could get the charges dismissed. If the Fourth Amendment violation was an illegal search, you may be able to get the evidence suppressed. If your case relies on physical evidence, it could even mean that you are acquitted or the charges are dropped.

Contact a Marin County Criminal Defense Attorney

The Mason Law Office can provide you with tough legal representation when your freedom is on the line. We hold law enforcement accountable when they have violated your legal rights. To get legal help, you can call us at 833.717.1127 or send us a message online.

Marin County Criminal Defense

Can You Get Your Criminal Charges Dismissed?

Law enforcement is not infallible. Sometimes, in their zeal to make an arrest or win a conviction, they may cross a line when it comes to your legal rights. In other cases, they filed criminal charges that they never should have in the first place. There are times when you can get your charges dismissed by a judge, or the prosecutor may even drop the case on their own.

Police must have probable cause to arrest you. An arrest is considered a seizure of your person. Probable cause is defined as a reasonable belief that a crime has taken place or is taking place. Without it, police cannot make a valid arrest. If they never had probable cause to arrest you in the first place, the charges can be dismissed. In some cases, you may get evidence thrown out because police did not have probable cause to seize it. If you can get that evidence thrown out, the prosecutor may lose practically the entire basis of their case. Then, you could move to have the case dismissed.

The court will review whether there was probable cause at a preliminary hearing. This is almost a mini-trial, where the prosecution must show the evidence that supports probable cause. Although they have a lower standard than they would in front of a jury, the judge may still dismiss the case if they do not believe that the prosecution has met the legal standard for the charges to go forward. Therefore, you should have an attorney at the time of the preliminary hearing.

Contact a Marin County Criminal Defense Attorney

The Mason Law Offices can help you with aggressive legal representation in your criminal defense case. To discuss your case, you can send us a message online or call us at 833.717.1127.

divorce case

Issues in Divorce Cases Involving Children

The three primary issues in any divorce case involving children are:

  • Where they will live and spend their time
  • Who will make decisions on their behalf
  • How will the children be supported

In every divorce case, the primary concern is the children. The court would place their interests first, ahead of those of the parents. In any of the issues described above, the court would apply the best interest of the child standard.

The goal is for both parents to be involved and spend time with the children. However, not every set of parents is able to work together for the good of the children effectively. The disagreements may be too intractable, or the parents may be on two completely separate pages. The custody is contested, the court may aim to have some type of joint arrangement. Even if one parent gets primary physical custody, the other parent will usually have visitation rights. The preference for joint custody is both in physical and legal instances.

In determining issues of child support, California courts will look to statutory guidelines to calculate the obligations of the paying parent. Child support is a right that belongs to the children, and it cannot be waived. In addition to the monthly payments that one parent may need to make, there are also other issues of support that could include extracurricular activities and other expenses. Parents may often disagree about various inputs into the child support calculation and What expenses may need to be incurred on behalf of the children.

Contact a Sacramento and Marin County Family Law Attorney Today

The Mason Law Office can help you negotiate a divorce agreement and can advocate for you in a contested divorce case. To speak with an attorney, call us at 833.717.1127 or send us a message online.

Marin County Family Law Attorney

Seeking Alimony in a Divorce

Alimony exists to help equalize the financial situation of the two divorcing spouses to an extent. There are two primary reasons why a court would award alimony to one spouse:

  • To help one spouse “get back on their feet” or take steps to improve their earnings capacity in the future.
  • To keep one spouse from having a permanently reduced standard of living compared to what they experienced during the marriage.

With that in mind, alimony can be either temporary or long-term. A judge may order temporary alimony while the divorce case is pending, And they are deciding on the relevant issues. Although a court may order long-term alimony, it is not intended to be a permanent solution for a spouse. Instead, the intent of alimony is for the other spouse to increase their earning potential over time. There are very rare circumstances that would permit permanent alimony. Even if alimony is long-term, a judge will caution the receiving spouse that they need to increase their earnings potential, so alimony will not be forever.

Not only will courts look at earnings and earnings potential in an alimony decision, but they will also look to equitable factors in deciding. A judge may look at the circumstances surrounding the end of the marriage and each spouse’s contribution to the community property.

Alimony is intended to be gender-neutral. Either spouse can request it if they have a need. Some spouses will be able to agree on alimony and a settlement agreement, while others may need to go to court to have it ordered.

Contact a Marin County Family Law Attorney Today

The Mason law office is here to help you with all of your family law needs, including divorce and custody matters. To speak with an attorney, you can call us at 833.717.1127 or send us a message online.

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