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Author: Pat Geddie

Theft Convictions

Penalties for Theft Convictions

California law harshly punishes theft. Even more “minor instances” have the potential to result in jail time. The punishment depends on the value of what is alleged to have been taken. Given the escalating values of property due to inflation and the lack of an indexing mechanism in the law, more cases of theft are being punished more severely.

Theft can either be charged as petty theft or Grand Theft. If the value of the property allegedly taken is below $950 (except if it involved firearms), the defendant would be charged with a petty theft misdemeanor. Even though it is a misdemeanor, there is a possibility of up to six months in County Prison if convicted. You may also be subject to probation, fines, and restitution.

Grand Theft may be charged as a misdemeanor or a felony. If charged as a misdemeanor, a conviction can carry a penalty of up to one year in prison. If charged as a felony, a conviction could be punished with A sentence of up to three years in prison. The prosecutor has some discretion and how they will charge the crime since it is considered to be a “wobbler.”

Theft is also viewed as a crime of dishonesty, meaning that it can impact your ability to remain in the country or get a job. Even a seemingly minor incident could have long-lasting and serious ramifications on your life. This is something that you should consider before agreeing to plead guilty to a theft offense. You need legal defense no matter what type of felony charges you find yourself facing.

Contact a Marin County Criminal Defense Attorney Today

The Mason Law Office is here for you if you find yourself in the criminal justice system. You should never try to handle charges on your own. To speak with an attorney, send us a message online or call us at 833.717.1127

criminal defense lawyer

State vs. Federal Charges

No matter which jurisdiction files a white collar criminal charge against you, it is a serious matter. There are some differences between federal and state charges.

Federal white collar charges are more common than those on the state level. The federal government has a strong arsenal of charges that they can file that can even criminalize a phone call or email if it has the necessary intent. The federal government also has charges that it can file for false statements to law enforcement or impeding an investigation.

Where the alleged crime is prosecuted depends on where it occurred. If it happens solely within state lines, the state prosecutors may be the ones to prosecute it. However, if the alleged crime involved a federal benefits program, the federal government would handle it. Similarly, if the alleged behavior crossed state lines, it becomes part of the federal jurisdiction.

The federal government may choose to get involved, depending on the complexity of the case. The Feds have far more resources and specialized knowledge of white collar crimes. There are entire units devoted to prosecuting these offenses. White collar criminal cases are highly complex, and they require extensive investigation, something that may be better done on the federal level.

However, the federal government may not always take on a white collar investigation because these are very resource-intensive cases. Once they choose to prosecute a case, it requires an entire team of prosecutors and experts to see the case through to the end.

Contact a Marin County Criminal Defense Attorney Today

If you learn that you are being investigated for a suspected white collar crime, you should get a lawyer involved very early in the case. Mason Law Office can vigorously defend you. Contact us online or call us today at 833.770.1372 to get legal help.

Marin County Prenup Agreement Attorney

Should You Have a Prenup?

California is a community property state. If you were to get divorced in California, all property that was acquired by the spouses during the marriage would be subject to division by the court. Usually, this is an equal division which is 50/50. If you have brought property into the marriage, it would usually become community property if the property became commingled with marital property. Chances are that nearly all of your property would be divided unless you could prove that it was separate.

California law makes it even more important for you to consider a prenuptial agreement before you get married. For example, if you have a business or any other significant amount of assets in your name before marriage, you should consider protecting them through a contractual agreement with your future spouse. A prenuptial agreement will specify what happens to your property in the event of a divorce and how it is to be divided. You can remove some property from the community if you do so by agreement.

You are better off when you consult an experienced attorney for help with a prenuptial agreement. Each spouse needs to have their own lawyer. Before you could sign the agreement, you would need to make full disclosure of all of your assets. In addition, this agreement must be negotiated between both spouses, and it cannot be unfair or lopsided in favor of one of the spouses. If you have any assets before the marriage, or the other spouse has debts, the prenuptial agreement can save you significant stress and litigation costs in the future.

Contact a Marin County Family Law Attorney

The Mason Law Office can advise you on a prenuptial agreement when you need one, and we can help you draft the language. To learn more about how we can help you, contact us online or call us today at 833.770.1372.

divorce case

Will Your Divorce Case Go to Court?

Many divorcing spouses can agree on divorce terms and settle their cases without ever going to court. However, it is not surprising that some couples cannot agree. After all, divorce usually stems from conflict, and spouses might not be willing to compromise. When you cannot reach a decision on one or more issues, your case might need to go to court.

Some issues that often head into court include:

  • Community property division
  • Child custody
  • Spousal support

These can be contentious issues, and your lawyer can try to negotiate for an out-of-court settlement. When this is not possible, the issue might need to go before the judge.

In court, each attorney presents the arguments of their respective clients to the judge. They might present witnesses or other evidence to support your side of the case. The judge then makes a decision on how to resolve the issue, and the matter is out of your hands.

No one wants their financial future or relationship with their children in the hands of the judge, but sometimes, it is necessary. Common issues that might lead to litigation include:

  • One spouse is requesting substantial support
  • One spouse is trying to get sole custody of the children
  • The spouses have complex property, such as businesses, and they cannot agree how to split it up

While litigation might take longer, the court will need to hear any unresolved issues before it will finalize your case.

Speak with a Marin County Divorce Attorney Right Away

If you need to litigate one or more issues, you need a hard-hitting litigator handling your case. If you have suspicions that your divorce will not reach a settlement, you should seek help from a California divorce lawyer from Mason Law Office. We have experience in court and will fight for your future. Contact us online or call us today at 833.770.1372.

Marin County Burglary Defense Attorney

Penalties for Burglary

Burglary is considered a serious offense in California. The penalties reflect the fact that private property rights are inviolable, and entering someone’s property is a significant violation. Many burglary offenses are automatically charged as felonies, while others give the prosecutor the discretion to charge them as a felony or misdemeanor.

The penalty for burglary depends on the severity of the offense. Burglary of a residential structure will always be charged as first-degree burglary, which carries the following penalties:

  • Two, four or six years in prison
  • A fine of up to $10,000
  • One strike for purposes of California’s “three strikes” law

Burglary of any other structure is charged as second-degree burglary, which can be charged as a felony or misdemeanor, depending on the prosecutor’s discretion. Second-degree burglary carries the following penalties when charged as a felony:

  • Sixteen (16) months, two (2) years or three (3) years served in county jail; and/or
  • A fine of up to $10,000

If you have been charged with misdemeanor burglary, you could be sentenced to up to one year in prison and fined up to $1500. Any criminal conviction could have a significant impact on your life, besides the potential jail time that you face. Burglary convictions most often mean jail time.

As you can see, there are a variety of outcomes when you are facing burglary charges along with very serious penalties. You have every reason to hire an aggressive and experienced criminal defense attorney to either fight the charges or negotiate the best possible plea bargain with the prosecutor.

Call a Marin County Burglary Defense Attorney

The Mason Law Office will aggressively defend you when you are facing criminal charges, no matter what you are accused of in your case. To schedule your initial consultation, you can call us today at 833.770.1372 or reach out to us online.

Marin County Family Law Attorney

Can You Cancel a Divorce Case?

Some divorcing couples may reconsider their decision at some point before the case is final. They may even have a change of heart after the paperwork has been filed with the court. It is never too late to stop the divorce from being finalized, so long as you file the appropriate paperwork with the court.

If the divorce process is underway, you would need to let the court know that you no longer wish to get divorced. All it takes is a simple form, and the court will dismiss your case without  , meaning that you can always refile your divorce in the future if you change your mind again. You are not locked into a divorce just because you filed the paperwork and negotiated a divorce agreement with your spouse.

Bear in mind that you would lose your place on the court’s docket if your case is dismissed, and you would need to start again from scratch as far as the court is concerned. There is a waiting period for a divorce once you file the complaint and serve it on the other party. That waiting period would also reset if you chose to file the divorce again in the future.

Therefore, you should be certain that you really want to cancel the divorce before you go through with filing the paperwork. You should still speak with an experienced family law attorney to learn the legal ramifications of canceling your divorce or putting it on hold before you make the final decision.

Contact a Marin County Family Law Attorney Today

You should not try to go through a divorce on your own while handling your own legal matters. There is too much at stake. To learn how the Mason Law Office can help you, call us today at 833.770.1372 or reach out to us online.

Marin County Criminal Defense Lawyer

When Should You Plead Guilty to a Crime

There are times when it makes sense to enter a guilty plea in a criminal proceeding. You may be able to obtain a better legal outcome through a plea bargain than if you tried to fight the charges.

Initially, you would always plead not guilty to criminal charges no matter what. Your lawyer would get time to review your case and look to see if there are any weaknesses in the government’s case against you. At some point, your lawyer will have a conversation with you about your legal options.

There are definite risks to going to trial. Post-trial sentences can average three times as much as pre-trial sentences. While you always have the right to make your case to the jury, you may also want to consider making a deal with the prosecutor. They are people who have busy caseloads. Trials mean that they must devote a large amount of time to your case. They may be willing to offer a generous deal to win a conviction and move on to the next case.

Prosecutors will often offer a deal where you can plead guilty to lesser charges. For example, they may be willing to accept a misdemeanor plea as opposed to going to trial on a felony charge. They may recommend a lower jail sentence or none at all, although a judge would have the final say on a punishment. Nonetheless, you would still bear the same collateral consequences of a conviction after losing a trial.

Call a Marin County Criminal Defense Lawyer Today

The Mason Law Offices will review your entire situation and case before we make a recommendation about how to proceed. If you pursue a plea bargain, we know how to negotiate with prosecutors. To schedule your initial consultation, call us today at 833.770.1372 or contact us online.

Sacramento Family Law Attorney

Does it Matter Who Files for Divorce?

Some people think that they need to be the ones who file first for divorce in court in order to gain an advantage. Based on how the divorce process works, we can tell you with confidence that it really does not matter who files for divorce. If there is a contested matter, the court will consider both points of view equally in reaching their decision.

California allows for a no-fault divorce. In a large majority of divorce cases, the spouses are filing for divorce without alleging that the other spouse did something wrong. Without fault being alleged, it does not matter who initiates the divorce case. The court would eventually grant the divorce and decide any contested issues.

While filing first for divorce would not grant you any legal advantage in the case, there are reasons why you would want to file to open the case. The main advantage of filing for divorce is that the court would automatically issue a restraining order that would prevent either spouse from transferring assets. In this case, filing for divorce would protect you from having the other spouse clean out your assets.

You may also want to file first if you live in a different county or jurisdiction than your spouse. Then, you may end up in a court that is either closer to your home or one that you perceive to be a better jurisdiction for you. An experienced divorce attorney could advise you on whether to file for divorce and where you should do it.

Call a Sacramento Family Law Attorney

The Mason Law Office can help you with the legal and tactical aspects of your divorce, bringing our experience to bear to help you. Call us today at 833.770.1372 or message us online to discuss your matter.

Marin County Criminal Defense Attorney

California Drug Possession Charges

California makes it a misdemeanor to illegally possess a controlled substance. The definition of a controlled substance would include drugs such as:

  • Cocaine
  • Heroin
  • Meth
  • Morphine
  • Oxycodone

Simple possession can be punished by up to a year in jail. However, the reality is that possession for a first-time offender, with nothing more in play, would not lead to a maximum sentence. If your attorney can negotiate a deal with the prosecutor, you could end up in a diversion program or in drug court that would lead to treatment. The penalties can become worse for repeat offenders, or if there is possession with intent to distribute.

If you choose to fight the drug charges against you, possession is a crime that requires intent. You must know that you had the drugs in your possession. In addition, law enforcement must seize the drugs that they are using as evidence pursuant to a valid search warrant or a proper exception to the need for a search warrant.

Drug convictions are not as simple as just thinking about jail time. You may have other consequences for your conviction, including impacts on:

  • Your job and ability to earn a living
  • Your immigration status
  • Your ability to own a firearm
  • Your custody case
  • Prior convictions and your probation or parole status

Therefore, you must consider your own individual situation before you decide how to respond to any drug possession charges. We will review your personal status and what is important to you in fashioning the legal advice that we give you.

Call a Marin County Criminal Defense Attorney

If you are facing drug charges, you need a dedicated and determined criminal defense lawyer to protect your legal rights. Call the Mason Law Office today at 833.770.1372 or message us online to get the legal assistance that you need.

Marin County Divorce Attorney

What Does a Divorce Judge Do?

In the best-case scenario, the judge’s role in your divorce case would be limited to issuing orders and reviewing the terms of a marital settlement agreement. In most cases, divorces will settle out-of-court, and the judge would only need to formalize the solution upon which the two parties have agreed. In some cases, the judge may have to do more.

If you and your spouse are unable to agree on the terms of the divorce, the judge would eventually need to decide the matter. First, they would need to oversee the entire trial process. They would set a schedule for the case and hold initial status conferences. If the case reached the discovery phase, the judge would decide any disputes about production and order one party to disclose certain information if it was relevant.

Then, the judge would preside over the trial, allowing each party to present their side and make their arguments. The judge would schedule a certain amount of time for the trial and consider what each spouse is saying. If there are custody issues, the judge will weigh the best interests of the child in reaching a decision. In property matters, the judge will consider equity and fairness in deciding the proper distribution of the marital estate.

As you can see, the judge has a wide degree of discretion in your case. If your case reaches a trial, there is a wide range of outcomes, depending on the judge. Accordingly, you should try to reach a settlement agreement.

Call a Marin County Divorce Attorney

The best way to avoid ending up in front of a divorce judge is to hire an experienced attorney to help you through your divorce. Call the Mason Law Office at 833.770.1372 or contact us online to discuss your matter.

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