Archive for the ‘Uncategorized’ Category

« Older Entries
Newer Entries »

Orange County marijuana charges

Monday, January 30th, 2012

In Orange County, the sale, distribution, transportation, or furnishing of marijuana is considered a crime, whereby penalties for committing this offense are affixed solely to the amount of marijuana found with the accused. Specifically, under Health and Safety Code Section 11018, marijuana is considered to be any parts of the cannabis plant; the seeds or resin extracted from the plant and every compound derived from the plant, its seeds, or resin. However, what is considered marijuana is not inclusive of the cannabis plant’s mature stalks, fibers made from the stalks (e.g. hemp products), oil, or cake made from the seeds of the plant.

Moreover, whenever an alleged offender is accused of a crime, the state of California will always possess the burden of proving the accused actually committed the offense in question. Thus, if an individual is accused of possession of marijuana the state must prove, beyond a reasonable doubt, the accused (1) possessed the controlled substance, (2) knew of its presence, and (3) knew of the substance’s nature or controlled status. Furthermore, the state must also show the controlled substance to actually be marijuana and that the amount possessed by the accused was more than one ounce.

However, if the state is looking to secure a conviction for possession of marijuana with intent to sale they must show, in addition to the aforementioned factors, when the accused possessed the marijuana they intended to sell or distribute it. Additionally, the state may prosecute an accused for the actual sale of marijuana if, in addition to successfully proving all previously mentioned factors, the state also shows the accused sold, furnished, administered, or imported marijuana into California. Also, the state must prove the accused unlawfully moved marijuana from one location to another, in order to establish and ensure a transportation of marijuana conviction.

In the event the state is able to successfully convict an offender for a marijuana violation, the subsequent penalties resulting from this conviction will vary depending on the amount of marijuana found in possession of the offender. For example, if an offender possessed less than one ounce of marijuana (or 28.5 grams) they will likely face a fine of no more than $100 dollars. However, if it is discovered that an offender was in possession of more than one ounce of marijuana they will be charged with either a misdemeanor or felony marijuana offense. A misdemeanor marijuana offense will elicit potential punishments of imprisonment in county jail for up to six months and possibly a fine for up to $500 dollars. Whereas, an offender convicted of a felony marijuana offense will likely face imprisonment for two to four years in a state prison facility.

Needless to say, Orange County marijuana charges come with hefty penalties, which may all be avoided through the use of experienced attorneys who are dedicated to working for your best interests. If you find yourself charged with an OC marijuana offense, we at MacGregor & Collins, LLP, your OC marijuana criminal defense lawyers, are here to help you. We have 30 years of combined OC criminal defense experience and are ready to provide you with unparalleled legal representation. Call us today at 949-250-6097.

Tags:
Posted in Uncategorized | No Comments »

Orange County Drug Charges Lawyer

Monday, January 30th, 2012

The war on drugs has been a long-standing crusade, spearheaded by the government, in order to rid our nation’s communities from controlled substances along with any harm they may bring. In Orange County, under Health and Safety Code Section 11350; the sale, transportation, importing, giving away, or furnishing a controlled substance constitutes a crime.

However, in order for the state of California to secure a successful prosecution against an alleged offender the state must prove the accused, in fact, committed the offense. Thus, the state must show, beyond a reasonable doubt, the accused; (1) sold, furnished, administered, gave away, transported, or imported into California a controlled substance, (2) knew of its presence, and (3) knew the substance was a controlled substance. Additionally, the state must also prove what the controlled substance was and that the substance in question was actually of a usable amount.

In the event the state is able to obtain a conviction for an OC drug charge then those offenders will face varied punishments depending on the type of controlled substance they were in possession of and whether it was considered a misdemeanor or felony offense. For example, an offender that is found to be in possession of less than once ounce of Marijuana will receive a ticket of no more than $100. Whereas, an offender convicted of a misdemeanor OC drug charge for the possession, sale, or transport of Ecstasy, OxyContin, Methamphetamine, or more than one ounce of Marijuana will likely receive up to one year in county jail. However, an offender who receives a felony conviction for drug charges will likely face imprisonment for 16 months to three years, as well as, probation and a fine of at least $1,000 or community service for first time offenders.

Orange County drug charges are serious and if left in the wrong hands these charges can be very difficult to overcome, as well as, lead to severe penalties. Fortunately, we at MacGregor & Collins, LLP, your Orange County Drug Charge attorneys, have 30 years of combined OC drug charges defense experience and are ready to provide you with the best legal defense in Orange County. Call us today at 949-250-6097.

Tags:
Posted in Uncategorized | No Comments »

The Fine Line Within Marijuana Possession Law

Friday, January 27th, 2012

If you are facing criminal charges for the possession, transport, or distribution of marijuana, than we at MacGregor & Collins can help. With a combined thirty years of Orange County Criminal Defense experience, we will help you understand the Orange County Marijuana charges you face and fight to get you the shortest sentence possible.

According to California Health and Safety Code 11018, if you are found with less than one ounce of marijuana you face a small fine. However if you’re discovered with more than one ounce (28.5 grams of marijuana, or if the substance is discovered in your vehicle, or if you were caught trying to sell, transport, or give marijuana away, you will be charged with a felony or misdemeanor (Health and Safety Code 11360)

Potential Punishments by Law

Those facing charges for Orange County Marijuana offenses face different penalties according to the amount they were found in possession of.

Punishment – OC Marijuana Possession

For possession of more than 28.5 grams of marijuana, according to the Health & Safety Code 11357(c), you face:

• Imprisonment in county jail for up to six months, and/or
• A fine up to $500

Those over the age of 18 found in possession of less than one ounce of marijuana on a school campus (grade K-12) are guilty of misdemeanor (Health and Safety Code 11357(d) and face:

• A fine up to $500, and/or
• Imprisonment in country jail up to 10 days

For those under the age of 18 and found in possession of less than one ounce of marijuana on school grounds (K-12) are guilty of misdemeanor (H&S 11357(e) and face:

• A fine up to $250 on the first offense (1)
• A fine of up to $500 for second and subsequent offense (2), and/or
• Commitment to a juvenile hall or camp or home for up to 10 days

Sale of any amount of marijuana is a felony punishable for up to 2-4 years of imprisonment in a state prison. Health and Safety Code 11360(a)

Transporting or the giving away of less than one ounce of marijuana is a misdemeanor. Offenders face a fine of $100. Health and Safety Code 11360(b)

Transport of more than one ounce is a felony punishable by 2-4 years imprisonment in a state prison. Health and Safety Code 11360(a)

If you are facing Orange County Marijuana charges, and need some legal advice to help you understand and fight your charges, than MacGregor & Collins can help you. Call us today at 949-250-6097

Tags: , ,
Posted in Uncategorized | No Comments »

Defining Marijuana Possession

Friday, January 20th, 2012

Under the California Health and Safety Code 11018, marijuana  possession means any part of the cannabis sative L. plant, the seeds, or resin extracted from the plant, including every compound derived from the plant. It does not include the mature stalks or fibers made from the stalks (for example, hemp products), or oil or cake made from the seeds of the plant.

If you are found with less than an ounce of marijuana just mentioned, you face at most a small fine. However, if the authorities discover you with more than one ounce (28.5 grams) of marijuana, or if the substance is discovered in your vehicle, or you are trying to sell, transport, or give marijuana away, you will be charged with a felony or misdemeanor (Health and Safety Code 11360).

Marijuana legislation is divided into two separate camps: Prosecution for Simple Possession, Health and Safety Code Section 11357 ( c) and Prosecution under Orange Country law for Possession for Sale of Marijuana.

In order to prosecute for OC Marijuana misdemeanor possession of marijuana, the prosecution must prove that: (1) The accused possessed a controlled substance; (2) The accused knew of its presence; (3) The accused knew of the substance’s nature or controlled status; (4) The controlled substance was marijuana; (5) The amount possessed by the accused weighted more than one ounce.

In the case of possession for sale of marijuana, the prosecution must prove that: (1) The accused possessed a controlled substance; (2) The accused knew of its presence; (3) The accused knew of the nature or character of the substance; (4) When the accused possessed the controlled substance, he/she intended to sell it; (5) The controlled substance was proven to be marijuana; (6) The controlled substance was a usable amount.

In order to prosecute for the sale of marijuana, the prosecution must prove that: (1) The accused sold/furnished/administered/imported into California a controlled substance; (2) The accused knew of its presence; (3) The accused knew of the substance’s nature or controlled status; (4) The controlled substance was marijuana; (5) The controlled substance was a usable amount.

In order to prosecute for the transport of marijuana, the prosecution must prove that: (1) The accused unlawfully moved a controlled substance from one location to another; (2) The accused knew of its presence; (3) The defendant knew of the substance’s nature or character as a controlled substance; (4) The controlled substance was marijuana; (5) The marijuana was a usable amount.

Tags: , , , ,
Posted in Uncategorized | No Comments »

Orange County Identity Theft Lawyers

Wednesday, January 18th, 2012

Similar to all the periods preceding it, the dawn of the internet age has brought its own easily misconstrued thought processes and ideas that could possibly inflame or injure you or someone you knows’ reputation. These days what’s usually standing between you from someone else’s medical records and private information are a few cap-sensitive keywords. But if you have been wrongly charged with Orange County Identity Theft, MacGregor & Collins can help you understand the legislation behind the OC Identity Theft charges you are facing.

According to OC Identity Theft, a person has broken the law when they take another person’s personal information for illegal purposes such as obtaining credit, goods, services or medical information without that person’s consent.

There are three main points that the state must first prove in order to prosecute any offenders of Orange County Identity Theft: that the accused willfully obtained someone else’s personally identifying information, that the accused willfully used that information for an unlawful purpose, and that the accused used the information without the consent of the person whose identifying information.

Under the OC Identity Theft law, the party could be charged with either a misdemeanor or felony, depending on the severity of the crime and whether or not it is a first time offense.

According to Penal code 530.5(a), those facing misdemeanor identity theft face possible punishment of imprisonment in county jail for up to one year or imprisonment and a fine. For felony identity theft, parties found guilty are punishable by imprisonment in state prison or a fine and imprisonment.

MacGregor & Collins are ready to help fight your Orange County Identity Theft charges. Our Orange County Identity Theft Attorneys have over 30 years of experience that we will be bringing to the table to get you the best possible judgment for your case. Call us now at 949-250-6097

Tags: , ,
Posted in Uncategorized | No Comments »

Orange County Domestic Violence Law Firm

Tuesday, January 17th, 2012

Domestic violence is a serious crime with a common misconception of only occurring between spouses or those involved in a romantic relationship. However, Orange County domestic violence may also occur against an individual whom you are cohabitating with, or against a child of your own or the child of another.

Specifically California Penal Code 243(e) states, domestic violence can occur against either someone with whom you have cohabitated or had some type of romantic relationship or who is the parent of your child. Additionally, pursuant to CPC 273(a), Orange County domestic violence may also occur against a child, either by committing battery against your own child or the child of someone with whom you have been espoused or cohabitated (CPC 273.5), or by allowing harm to come to a child through either an intentional act or by negligent failure to act.

If you find yourself charged with Orange County domestic violence, the state has the burden to successfully prove you, in fact, committed the domestic violence. If the violent act was against a spouse then the state must prove that; (1) an act of battery occurred, (2) it occurred against the spouse, ex spouse, cohabitant, former cohabitant, parent of the alleged aggressor’s child, or someone the alleged aggressor had a dating or engagement relationship with, and
(3) the act was not in self-defense or in defense of another.

However, if the OC domestic violence was committed against a child, the state must prove the alleged aggressor; (1) caused or allowed a child to be harmed (physically or mentally), (2) acted in a way that was likely to produce great harm or death, (3) acted negligently at the time of the offense, and (4) was not considered to be reasonably disciplining the child.

Furthermore, it is important to understand the anticipatory punishments for an OC domestic violence charge may vary because the charge itself has the ability to be characterized as a misdemeanor or felony depending upon the circumstances surrounding the violent incident in question. Thus, a successful felony conviction for OC domestic violence against a spouse or a child would render harsher punishments than a misdemeanor conviction. For example, a defendant found guilty of a misdemeanor OC partner abuse charge could face up to one year in county jail, as well as, $1000 dollars in fines and payments of up to $5000 dollars to battered women’s shelters. Whereas, a successful felony conviction for OC spousal abuse allows for a defendant to be imprisoned anywhere from two-to-four years and fined up to $6000 dollars. However, a misdemeanor conviction of OC domestic violence against a child allows for a defendant to be imprisoned in county jail for up to one year, while a successful felony conviction results in two-to-six years in state prison, along with a mandatory probationary period and counseling program.

Orange County domestic violence charges are serious, but we at MacGregor & Collins, LLP, your OC domestic violence attorneys, have 30 years of experience in fighting these cases and we are prepared to provide you unparalleled legal representation during this difficult time. We are here to help you and will get you the shortest possible sentence for your case. Call us today at (949) 250-6097.

Posted in Uncategorized | No Comments »

Orange County Hit and Run Law Firm

Tuesday, January 17th, 2012

An Orange County Hit and Run charge is a serious offense that can carry with it potential life altering convictions and punishments. In order to avoid such a charge, it is imperative that drivers thoroughly understand the heightened duties they are expected to follow while operating a vehicle. However, a driver who fails to adhere to such duties may be charged with an OC Hit and Run.

Under California Vehicle Code 20001(a), a driver must stop at the scene if he or she is involved in an accident that causes property damage, injures, or kills another person. Furthermore, a driver must also; (1) pull his or her car over to the closest location that does not jeopardize the safety of other motorists, (2) provide his or her name and address to the property owner or injured party, however, if the driver is someone other than the owner of the vehicle, then the current address of the vehicle’s owner must also be furnished, and (3) if requested, the driver must present his or her driver’s license and vehicle registration.

In the event an accident causes injury or death to another person, the driver must also provide any traffic or police officer on the scene with his or her name and current address, the names and addresses of any people in the vehicle who were also injured in the accident, the vehicle’s registration number, and if applicable, the name and current address of the vehicle’s owner. Moreover, a driver involved in this type of accident has an additional duty to provide assistance to whomever has been hurt in the accident, should they request such assistance.

Thus, if a driver is involved in an accident and fails to fulfill the aforementioned duties then an OC Hit and Run charge may be applicable. In the state of California a driver may only be successfully prosecuted with an OC Hit and Run if the State is able to effectively prove that; (1) the accused was involved in a vehicle accident while driving, (2) the accident caused the death or permanent injury to someone else,
(3) the accused knew he or she had been involved in an accident that hurt another person, or should have inferred from the nature of the accident that it was probable someone else had been injured, and (4) the accused willfully failed to stop at the scene and provide reasonable assistance to any injured person, as well as, failed to provide any identifying information to other involved parties or police officers at the scene.

In the event a driver is found guilty of committing an OC Hit and Run, the potential punishments will vary depending upon the circumstances surrounding the accident involved. Generally, a driver may face imprisonment in county jail or state prison for up to one year and a fine from $1,000 to $10,000 dollars. However, if the accident results in the death or permanent, serious injury of another person, then failure to stop at the scene can result in a prolonged duration of imprisonment in state prison or county jail, as well as, the possibility of an increased fine. Additionally, a driver will face five years in state prison to be served in conjunction with their original punishment if he or she is found to have fled the scene of the crime after committed an OC Hit and Run. Thus, it is without question that an OC Hit and Run is a serious offense that carries with it serious penalties. Nevertheless, if you find yourself charged with an OC Hit and Run, we at MacGregor & Collins, LLP are prepared to provide you unparalleled legal representation and ensure you understand your rights. Call us today at 949-250-6097.

Tags:
Posted in Uncategorized | No Comments »

California Vehicle Code 23152

Saturday, January 14th, 2012

Have you been charged with you a DUI? If you are facing California Vehicle Code
23152 Violation, which prohibits driving under the influence of drugs or alcohol, then
MacGregor & Collins can help with your case. With 30 years of combined Orange

County Criminal Defense experience and with our continued adherence to excellence
and integrity, we are confident that our attorney’s familiarity with the Orange County
criminal defense system and with the Orange County DUI sector will work in your favor.

The Orange County law is tough with OC 23152 regulations. Violators, who are found
guilty, will face on the first offense up to 48 hours of jail time, fines up to $1000 and
assessments up to $1800, 3 years of informal probation, 3 months in an alcohol education
program, and 6 months of drivers license suspension by the DMV.

On the second offense, violators will get at least 96 hours of jail time, 10-30 days of
county jail, fines that range from $1800 to $2800, 18 months of alcohol education, 2
years of suspended drivers license.

Third-time offenders will face 120 days in county jail, fines from $1800 to $2800,
probation for 3-5 years, 3 years of driver’s license suspension by the DMV.

On the fourth offense, the DUI becomes a felony, and violations will get anywhere
from 180 days in county jail to 3 years in state prison, four years of drivers license
suspension by the DMV, 18 months of alcohol education, and additional prison time for
any person(s) injured while driving under the influence.

For the law to come into effect under the Orange County 23152 Violation, the state must
prove that the accused was driving a vehicle, and that the accused had a blood alcohol
content of 0.08% at the time of the incident.

Orange County law severely punishes those found guilty of violations of OC 23152. We
at MacGregor & Collins will help you petition for your rights. With over 30 years of
combined Criminal Defense experience and a resourceful team of attorneys, who will
help you fight your DUI charges, call us today at: (949)250-6097

Tags:
Posted in Uncategorized | No Comments »

California Penal Code Section 243 (d)

Wednesday, January 11th, 2012

Are you facing charges for Aggravated Battery? Violation of Penal Code 243(d) can be a
serious felony or misdemeanor offense. We at MacGregor & Collins have over 30 years of
experience in Orange County disorderly conduct cases. We are an unparalleled OC criminal
defense firm who will help you understand the charges brought against you and fight to get
you the best judgment possible for your case.

According to California Penal Code 243, anyone who willfully uses force on someone and
injures the victim, is defined as Aggravated Battery.

The term battery can sometimes be used interchangeably with assault and battery,
however the definitions and conditions for punishment vary between the two. In addition,
aggravated battery goes a step further when someone actually gets hurt.

In order to prosecute for Orange County Aggravated Battery, the state has the burden to
prove you are guilty of:

-Intentionally using force on someone

-The force injures the victim

Bodily Injury examples include a wound or fracture. It could mean a concussion or loss of
consciousness, or even as serious as a disfigurement or loss of body function or organ.

The penalties or punishment for Aggravated Battery depend on a number of factors
including if a weapon used, your criminal history, the severity of the victim’s injury, and
if the person had special provisions like a police officer. Aggravated Battery can be filed
under (felony or misdemeanor), and those found guilty can face:

- Felony – 2-4 Years in the California State Prison and a maximum $10,000 fine

- Misdemeanor – Up to 1 Year in the Orange County Jail and a maximum $1,000 fine

Potential Penalties:

If you are charged with a felony, you could also face a possible strike on your record.

The law surrounding battery charges is a little complex, since there are other penal codes
that stem from battery, like aggravated battery, sexual assault, or assault with a deadly
weapon.

If you are facing aggravated battery charges for Penal Code 243(d) and were falsely
accused, the OC criminal defense attorneys at MacGregor & Collins can help you. We will
bring superior legal experience to aid you in this challenging time. Call us today at (949)
250-6097.

Tags:
Posted in Uncategorized | No Comments »

California Vehicle Code 23152 Explanation

Monday, January 2nd, 2012

A California driver charged with driving under the influence has violated California Vehicle Code 23152, which prohibits any person from operating a vehicle under the influence of drugs or alcohol. Specifically, the California Vehicle Code 23152 states; (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle, and (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Thus, in order for the state to successfully prosecute a driver for a California Vehicle Code 23152 violation, the state must prove the driver was operating a vehicle, and at the time of the incident the driver had a blood alcohol content of 0.08 percent or greater. Additionally, for prosecution purposes, the state has been allowed a rebuttal presumption that presumes at the time of the incident a driver had a blood alcohol content of 0.08%, if the driver had a blood alcohol content of 0.08% at the time a breathalyzer test was administered.

In the event a driver is found guilty of violating California Vehicle Code 23152 the driver will either be convicted of a misdemeanor or felony DUI, depending upon the circumstances surrounding the particular situation at bar. A driver will be charged with a misdemeanor violation for their first, second, or third DUI offense. However, a misdemeanor DUI will be upgraded to a felony violation when the driver has; (1) committed a crime or neglected his or her legal duty, (2) been involved in an accident that injures or kills another person, or (3) been arrested of their fourth DUI violation within ten years.

Moreover, it is important to note that the minimum penalties for a California Vehicle Code 23152 violation will vary primarily depending upon whether the driver has had prior DUI convictions and/or whether this particular offense is considered a felony DUI. Additionally, the variation in penalties for a California Vehicle Code 23152 first-time offense to a felony offense range from increased fines, increased jail time, longer probationary periods, and a prolonged driver’s license suspension period.

Thus, without question California Vehicle Code 23152 violations are serious matters and if left in the wrong hands these charges can be very difficult to overcome. Fortunately, we at MacGregor & Collins, LLP, your Orange County DUI lawyers, have over 30 years of combined DUI criminal defense experience and are prepared to provide you unparalleled legal representation during this difficult time. Call us today at 949-250-6097.

Tags:
Posted in Uncategorized | No Comments »

« Older Entries
Newer Entries »