SB 649 – Lesser Penalties for Possession of a Controlled Substance

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controlled-substance-defenseOn May 2, 2013 the California State Senate passed a legislation that aims to reform the state’s drug sentencing laws. The legislation SB 649, also known as the Local Control in Sentencing Act, authored by Sen. Mark Leno, D-San Francisco allows the counties to substantially lower the incarceration costs by allowing prosecutors to charge possession of a controlled substance and low level non-violent drug offenses as a misdemeanors rather than felonies. Felonies crimes are far more serious crimes than misdemeanor crimes. The legislation also allows judges to deem a non-violent drug possession charge as a misdemeanor or felony depending on the offense and the record of the person charged with the offense. The changes intended by this legislation will not apply to persons charged with selling and possessing or manufacturing drugs for sale. Continue reading →

Potential DUI Penalties in California for Misdemeanor and Felony Offenses

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California DUI PenaltiesDrunk driving is a major cause of accidents throughout California. Most DUI crimes are misdemeanors, but there are instances where a felony offense is warranted. A misdemeanor crime is usually punishable with a fine that is less than $1000 and a jail term that is less than one year. A felony crime on the other hand is a crime that can be punishable with a fine that could exceed $1000 and a jail term of more than 1 year.

To be charged with a California DUI offense, a person’s blood alcohol concentration must be 0.08 percent or more. Under California law, driving under the influence is generally a misdemeanor crime. However, the person can be charged with felony DUI if bodily injury is caused to any other person, the person responsible has a prior felony DUI on his or her record, or if it is the fourth time the person is being arrested for DUI in a ten year time period. Continue reading →

11379(a) hs – How to Handle Methamphetamine Criminal Charges in California

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California Petty TheftGiven the abnormal popularity and addictiveness of Methamphetamines, receiving a 11379(a) hs charge against you or a loved one is far more common than anyone would like to admit. California has several areas that are heavily populated by meth users, many of whom are attempting to quit using this powerful and destructive drug, but are simply outmatched by the narcotic’s hold over its users.

If you are facing charges for the use, transport, or distribution of methamphetamine in California, there are several life-altering scenarios that you could experience, but a wide variety of different factors influence different offender’s criminal cases, making it nearly impossible to warn and inform worried newbies as to what they can expect. Continue reading →

What is Petty Theft in California?

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California Petty TheftPetty theft under California law refers to a person unlawfully taking another person’s property with the intention to steal it and without the latter’s consent. It is a criminal offense. California has two Penal codes that refer to petty theft, most notably Penal Code 488.

On April 6, 2013 the police in Laguna Niguel, Orange County received a call from a shop owner who reportedly caught a woman attempting to steal liquor bottles from his shop. The incident occurred around 8:30 pm on La Paz Road. The woman was apparently in her 40s. She had blonde hair and was reportedly wearing a black tank top. What can people who are accused or charged with Petty theft expect to experience? Continue reading →

Orange County resident faces charges of luring underage boys

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OC criminal caseZachary Joshua Reeder, a 30 year old Orange County resident and a former teacher at Capistrano Valley Christian School was arrested in February on the charges of luring more than 105 underage boys into sending him nude and sexually explicit photos and videos of themselves. He allegedly created a fake Facebook account to lure the victims. On the fake Facebook account he posed as a blonde teenage girl to win over the victims and coax them into sending sexually explicit photos and videos. Continue reading →

What Are My Options: Ask a DUI Lawyer in California

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dui5_corona_bottle200x286If you or someone you know has been involved in a driving under the influence incident, you may be worried about the outcome. The good news is that with the help of a lawyer, the legal process will be less intimidating, and the chances of lower or alternative sentencing will be much higher.

Here are a few examples of alternative sentencing options, besides jail time:

House Arrest

The lawyer can push for a house arrest, where confinement is restricted to the perimeters of the defendant’s own home – rather than in a small jail cell. A few celebrities who have received the alternative sentencing of DUI house arrest include Lindsey Lohan or Bobby Brown. Non-celebrities also have the option for house arrest too.

Installing Ignition Interlocks

As the name suggests, an advanced interlocking system is attached to the driver’s car, where he or she will need to submit a Breathalyzer test before the ignition is able to start. No one else is able to submit this test on the driver’s behalf, given that personal recognition feature implemented. In the event that a friend or family member aims to dupe the test, law enforcement is alerted immediately.

Ignition interlock devices are credited as helping DUI offenders or alcoholics keep on the straight and narrow, while making the roadways a little safer. Even though this is an alternative sentencing however, a monthly rental fee is one of the added responsibilities drivers may face.

Fines

First-time DUI offenders may be sentenced to pay up to one thousand in fines in the state of California. The minimum fine however is $390 for first time defendants.

DUI School

The school is responsible for educating drivers about the dangers of intoxicated driving, and how to exercise responsible drinking – by calling a cab or arranging a designated driver for instance. The driver will need to submit a certificate of completion to the court.

A DUI sentence may include one or more penalties. It’s imperative to get in touch with an expert DUI attorney to learn about the best ways to defend the case.

What Does Decriminalization of Marijuana Actually Mean?

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There’s a lot of heat surrounding the topic of marijuana use. Is it illegal or legal in California, or what charges do individuals face if they’re caught in possession of this substance? In 2010, it was reported that California joined in on the states that decriminalized non-medical marijuana.

Just a few years prior to this, a bill was approved granting certain ill patients the right to use marijuana and hold it in their possession in specific allocations, and with a few other stipulations. These rules include that a valid prescription must be in effect, and also written by a medical doctor. As a result of these new rules, medical marijuana use is not considered a crime. Nevertheless, it’s still illegal to drive while under the influence of this substance.

That’s decriminalization in one sense.

gavel law booksThe other angle to look at this is that the simple possession of marijuana for less than one ounce is considered to be an infraction in the state of California. There’s still a fine of up to $100. Users however cannot be detained when caught with less than an ounce, if it isn’t concentrated. If you’ve been arrested, contact a marijuana possession lawyer right away.

How can it be decriminalized if the possessor still faces a fine? The answer lies in the fact that anything over one ounce of possession will yield misdemeanor or felony charges –depending on the circumstances of the case. This however may change in the near future as marijuana activisms aim to ban current laws regarding marijuana criminalization.

If you are facing criminal charges for Marijuana Possession in California, the criminal defense attorneys at MacGregor & Collins can help you.  Call us today at (949) 250-6097.

What Is Felony Murder?

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murderFelony Murder may oftentimes be used interchangeably with the term first degree murder because they carry the same sentencing: 25 years to life in prison. There are however major differences between the two.

So what exactly is felony murder?

It’s when someone commits certain felonies and somehow another person was killed – even if this was not intentional or by accident. First degree murder on the other hand is murder that was premeditated.

The exception to premeditated killing for first degree murder charges occurs when crimes such as arson, robbery, rape, kidnapping and other crimes resulted in the death of the victim.

A lower sentencing to this crime is felony second-degree murder, wherein a victim was killed during the course of a dangerous crime. The penalties include 15 years to life in prison.

How can you prove your innocence?

A murder case may be challenging to prove innocence, but with strategies that involve DNA evidence retesting, scene reconstruction, retracing the day’s leading up to the murder and more, a criminal defense lawyer is able to fight the challenging case and win.

MacGregor and Collins has over 30 years of criminal defense experience for murder cases in California. Call us today at 949-250-6097.

Petty Theft in California

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petty theftPetty theft is the act of stealing goods worth less than nine hundred and fifty dollars – in the state of California. There are different limits in other states. In addition, the value of the item isn’t exclusively covered under petty theft. As an example, if someone steals livestock, crop or firearms that don’t go over the $950 limit, it would be still as grand theft which carries much higher penalties.

The consequences for petty theft include up to six months in jail, a maximum of one thousand dollars in fines and an informal probation. Once again, these penalties only relate to the state of California.

More about petty theft:

Though petty theft under California Penal Code 484 is regarded as a misdemeanor, it can also be enhanced to a felony, if the defendant committed more than three acts of the following crimes:

  • Petty Theft – which is determined as stealing goods under $950
  • Grand Theft – is stealing goods worth more than $950 with a few exceptions
  • Burglary – the breaking and entering of a property with the intent to steal or commit a crime
  • Robbery – physically stealing someone’s belongings through force or feat
  • Receiving Stolen Property – knowingly buying, storing or selling goods that have been stolen
  • Auto Burglary – self explained

Committing one of the above crimes and also having a prior sex crime conviction also puts offenders at stake of felony charges.

The law offices at MacGregor and Collins have a proven track record of success in criminal defense should someone become accused of petty theft, shoplifting, grand theft or other related crime. Call us today at 949-250-6097.