Law Office of James McGeeLaw Office of James McGee2026-11-03T04:26:43Zhttps://www.mcgeeplc.com/feed/atom/WordPress/wp-content/uploads/sites/1504966/2023/02/cropped-icon-32x32.pngOn Behalf of Law Office of James McGee<![CDATA[Searches, seizures and the evidence against you: What to know]]>https://www.mcgeeplc.com/?p=469222026-11-03T04:26:43Z2026-11-03T04:26:43ZTo convict someone of a crime, the police need evidence – and a lot of evidence may come from a few careful searches of that person’s home, vehicle or belongings.
However, law enforcement cannot conduct searches just whenever they want. The Fourth Amendment of the U.S. Constitution protects people against that kind of overreach by the judicial system. As such, the police must follow specific legal guidelines when conducting searches and gathering evidence. Understanding when the police can legally conduct a search and seize evidence can help you better understand your options down the line.
When can the police perform a search and seizure?
Typically, the police must have a search warrant before searching a person’s home or property. A warrant may be granted by a judge only when law enforcement can demonstrate enough “probable cause” to support their belief that a crime has occurred and evidence can be found in that location. Warrants are typically restricted in scope to specific times, locations and evidence.There are several exceptions to the need for a warrant, however. A warrantless search may be lawful if the police are in hot pursuit of a suspect, if there is a reasonable belief that evidence is about to be destroyed or when there is a legitimate concern for someone’s safety. Limited searches incident to arrest are also considered lawful. Evidence of criminal activity can be seized, too, when it is in plain sight – even if it isn’t listed in a warrant.
What if evidence was illegally seized?
While the police enjoy a lot of leeway when it comes to searches and seizures, there are limits. Evidence can be excluded from use in a criminal trial under the fruit of the poisonous tree doctrine. This protects people against incriminating evidence that was obtained during an unconstitutional search and seizure. Common examples of unlawful searches and seizures include searches of locked digital devices, searching deep in a suspect's pockets or bag when only a pat-down is warranted, vehicle searches during traffic stops without probable cause and searches that exceed the scope of the warrant in hand.Professional legal guidance can help protect you from criminal charges if you believe your legal rights were violated during a search. Skilled legal guidance can often get unlawfully obtained evidence declared inadmissible during defense arguments. ]]>On Behalf of Law Office of James McGee<![CDATA[What does blood alcohol content (BAC) mean?]]>https://www.mcgeeplc.com/?p=469182026-10-20T21:57:29Z2026-10-20T21:57:29ZIf you've ever been stopped by police on suspicion of drunk driving, you may have heard the term blood alcohol content, or BAC. Your BAC measures how much alcohol is currently in your bloodstream. Generally, the more alcohol you consume, the higher your BAC will rise. The higher your BAC, the greater your level of intoxication.
BAC is particularly important in DUI cases because prosecutors can use it as evidence that a driver was operating a vehicle under the influence of alcohol. Understanding how BAC is measured and what the results mean can be helpful if you're facing DUI charges.
How is a driver's BAC determined?
When police suspect someone of drunk driving, they may ask the driver to submit to a chemical test. There are several ways to test for alcohol, although some are more commonly used than others.Blood tests measure the alcohol directly in a person's bloodstream. These tests are generally performed by qualified medical personnel.Breath tests are more common. They require a driver to blow into a device that estimates their BAC based on the alcohol in their breath. Police may use a handheld device during a traffic stop or an evidentiary breath-testing machine after an arrest.Urine tests may also be used in certain circumstances, although they're generally reserved for situations involving suspected drug impairment or when other testing methods aren't available.
What is the legal BAC limit in California?
California has different BAC limits depending on a driver's age, license and circumstances. Under state law, the limits include:
Drivers 21 and older: 0.08%
Drivers under 21: 0.01%
Drivers operating commercial vehicles: 0.04%
Drivers transporting passengers for hire: 0.04%
Drivers on DUI probation: 0.01%
It's important to understand that a driver can still face DUI charges even if their BAC is below the applicable legal limit. Police may pursue charges if other evidence suggests the driver was impaired.A DUI conviction can lead to fines, license suspension and possible jail time. However, a BAC test result doesn't automatically mean a conviction is inevitable. Questions about how the test was administered, whether the equipment was properly maintained and whether police followed the correct procedures may all be relevant to a defense.If you're facing DUI charges, experienced legal guidance can help you understand your options and protect your rights.
]]>On Behalf of Law Office of James McGee<![CDATA[3 things that can direct the course of a drug case]]>https://www.mcgeeplc.com/?p=469142026-10-06T02:06:08Z2026-10-06T02:06:08ZA criminal drug trial could lead to incarceration, fines and other punishments. However, the severity of your charges and the potential punishment often depends on the evidence available. Here are a few questions that prosecutors may ask before proceeding with a case:
What was the type of drug in possession?
Drugs are categorized into five different schedules under the Controlled Substances Act. Each schedule represents the potential for abuse of a drug and the severity of the associated potential criminal charges. Drugs that can be bought in stores typically have a low potential for abuse. This means charges for illegally possessing these kinds of drugs can lead to lesser punishments. However, possession of highly addictive substances that cannot be legally obtained leads to harsher charges.
What was the quantity of the substance?
How much of a substance a defendant had in their possession when they were arrested can influence criminal proceedings. Generally speaking, if someone is found with a small quantity of an illegal drug, it may be presumed to be for personal use. When the quantity is larger, however, prosecutors may assume that the drugs were about to be sold. That can turn a possession offense into a trafficking charge.
What was the intended use of the substance?
Someone who is a low-level dealer in street drugs will likely face lower charges than someone who is thought to be moving large quantities of the drug across state lines. If the prosecution believes that you are part of a larger drug operation, they may seek to make an example of you.
Are you facing criminal charges for drug possession? You may need to seek professional legal guidance to help you build a criminal defense. ]]>On Behalf of Law Office of James McGee<![CDATA[What “sobriety tests” do the police use?]]>https://www.mcgeeplc.com/?p=469052026-09-21T22:31:45Z2026-09-21T22:31:45ZEvidence can be used to charge drivers for drunk driving. The police use several forms of evidence to charge drivers with DUIs, such as erratic driving, statements or open bottles of alcohol. The police commonly use sobriety tests as evidence for drunk driving.
It is important to be aware of the different kinds of sobriety tests you may face during a traffic stop. Here is what you should know:
What are standardized field sobriety tests?
The police may conduct a standardized field sobriety test during a traffic stop to determine if a driver is drunk. There are three types of standardized field sobriety tests, including the following:
One-leg-stand test: The driver is asked to stand on one leg for several seconds without falling or putting their foot down.
Walk-and-turn test: The driver is asked to walk on a line and return to where they started.
Horizontal gaze nystagmus test: The driver is asked to follow a moving object with their eyes without turning their head.
If a driver fails any of these tests, the police may conclude that the driver is drunk. While these tests may help the police judge whether a driver is drunk or not, they may not be accurate. Medication, medical conditions and other factors can influence a driver’s ability to follow instructions.
What are chemical tests?
Alternatively, the police may determine a driver’s sobriety with a chemical test. Blood, urine and breath tests evaluate the amount of alcohol in a driver’s body, also called blood alcohol content. If a driver’s blood alcohol content exceeds the legal limit, they may be arrested and charged for drunk driving.Professional legal guidance can help build a criminal defense against drunk driving charges.]]>On Behalf of Law Office of James McGee<![CDATA[What are drug schedules?]]>https://www.mcgeeplc.com/?p=469012026-09-08T00:37:50Z2026-09-08T00:37:50ZControlled Substances Act (CSA). The CSA allows your doctor to prescribe medication, pharmacies to distribute medication and facilities to sell drugs. Each drug is subject to different regulations that determine whether they can be manufactured, distributed and possessed. These factors are determined by a drug’s schedule.
A drug schedule is a categorization that is determined by the potential for addiction and abuse associated with a substance. There are five different kinds of drug schedules. Drug schedules can also impact criminal charges.
How do drug schedules impact criminal charges?
When a person is facing charges for drug crimes, a judge may consider a few factors. These factors can include the schedule of a substance and the quantity in possession. Criminal charges may be more severe depending on the schedule of a substance at issue.
For example, drugs that have a Schedule I categorization are known to have the strongest traditional association with substance abuse and dependency. Furthermore, there are generally no legal medical uses for Schedule I substances. As a result, criminal charges for possession of a Schedule I substance can lead to the harshest punishments, including maximum incarceration time and fees. By contrast, possession of a Schedule V substance can lead to lesser charges.
The quantity of a substance also impacts criminal charges. Illegal possession of even a gram of certain Schedule I substances can lead to maximum charges. Conversely, possession of a gram of a Schedule V substance may lead to lesser charges. However, possession of a large quantity of any kind of substance may lead to criminal trafficking charges.
Professional legal guidance can help defendants build a defense against criminal drug crimes in accordance with the particulars of their unique circumstances.]]>On Behalf of Law Office of James McGee<![CDATA[Do I need legal representation for a California DUI charge?]]>https://www.mcgeeplc.com/?p=468992026-08-22T12:59:53Z2026-08-22T12:59:53Zlegal help early can give you a better understanding of the charges and steps you need to take before important deadlines pass.
Why should you get legal help after a DUI arrest?
A DUI charge does not automatically mean you will be convicted. The circumstances surrounding the entire case matter when determining how the case should be handled.
Getting early legal help allows your case to be examined for possible problems with the prosecution's evidence. Questions may arise about whether the officer had a lawful reason for the stop, whether testing procedures were properly followed, or whether other circumstances affected the reliability of the evidence.
Depending on the facts, there may also be opportunities to challenge certain evidence, negotiate for reduced charges or pursue another favorable resolution. Trying to identify those issues alone can be difficult when you are unfamiliar with California's criminal court procedures.
What could happen if you are convicted?
A DUI conviction can bring consequences that extend beyond paying a fine. Depending on your circumstances and prior record, you could face:
Incarceration
License restrictions
Mandatory DUI programming
Increased insurance requirements
Installation of an ignition interlock device
California DMV also reports DUI convictions on a driver's record for 10 years. Therefore, if you have been charged with drunk driving in California, it is crucial to reach out for legal assistance promptly to help you make informed decisions that may allow you to effectively avoid this fate.]]>On Behalf of Law Office of James McGee<![CDATA[Can police wiretap your phone during a drug investigation?]]>https://www.mcgeeplc.com/?p=468982026-08-07T23:01:30Z2026-08-07T23:01:30ZDrug crimes that may justify a wiretap
Not every drug-related offense qualifies for electronic surveillance. Wiretap requests are reserved for serious investigations involving organized criminal activity rather than isolated possession cases. Examples may include:
Large-scale drug trafficking operations
Distribution networks
Manufacturing controlled substances
Criminal conspiracies involving narcotics
Ongoing sales involving multiple participants
A simple possession allegation is much less likely to justify this level of surveillance in California unless it is connected to a broader criminal enterprise.
How long can a wiretap last?
A wiretap order is not unlimited. Under federal law, an interception order lasts no longer than 30 days unless investigators obtain an extension supported by additional evidence. Courts may approve renewed surveillance only when legal requirements continue to be satisfied.
Investigators are also expected to minimize the interception of conversations unrelated to the criminal investigation. Personal calls that have no evidentiary value should not be intentionally monitored longer than necessary.
Legal guidance following a drug investigation
Wiretaps frequently become a major source of evidence in complex California drug prosecutions. However, the existence of recorded conversations does not automatically mean the investigation complied with the law.
Anyone facing drug-related charges after electronic surveillance may benefit from having their investigation reviewed by an experienced legal professional. A careful examination of the wiretap authorization and the methods used to collect evidence may reveal legal issues that could affect the outcome of the case in favor of the defendant at issue.]]>On Behalf of Law Office of James McGee<![CDATA[What is a “wobbler” offense in California?]]>https://www.mcgeeplc.com/?p=468972026-08-02T15:41:31Z2026-08-02T15:41:31ZWhat kind of offenses are wobblers?
Burglary and other theft offenses can be wobblers, based on the value of the items allegedly stolen and if a weapon was used. So can some types of assault charges, based on a number of factors, including the identity of the victim. If they were a “vulnerable” person, like a senior, disabled person or child, that can put the offense into the felony category.
While the term “wobbler offense” isn’t included in California law, the law does address the discretion given to the court to determine whether an offense is a misdemeanor or felony. It states in part, “When the court determines, prior to trial, either on its own motion or the motion of a party, that the offense is a misdemeanor… the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.”
In addition to the specific circumstances of the alleged offense, judges can also consider a defendant’s criminal history, their intention, their mental capacity, whether they’ve been cooperative and more.
The law offers various degrees of flexibility in charging and sentencing, depending on the type of offense at issue. However, it’s always valuable for Californians to have sound legal guidance when facing a criminal charge to protect their rights, understand their options and make the strongest possible case in defense of their circumstances.]]>On Behalf of Law Office of James McGee<![CDATA[3 facts about protective orders in domestic violence cases]]>https://www.mcgeeplc.com/?p=468962026-07-21T14:22:25Z2026-07-21T14:22:25Zprotective order. Protective orders are meant to reduce the risk of the alleged victims facing additional harm.
Understanding exactly what this means for you practically can be beneficial if you’re facing this type of charge and are subject to a protective order.
#1: No contact is allowed
A protective order prevents all contact with alleged victims. This includes everything from seeing them in person, calling them, interacting with them in a digital manner and passing messages through other individuals. These orders can also require that you stay away from certain places, such as an alleged victim’s home, place or work, school, vehicle or locations they’re known to frequent.
#2: Alleged victims can’t remove an order
Protective orders remain in place until the court removes them. The alleged victims can’t stop an order, which means that even if they request that the order be rescinded, they are powerless to influence the ongoing influence of an order.
#3: Noncompliance can lead to legal penalties
Failing to comply with a protective order can lead to legal penalties, including new criminal charges. This could also mean having to post a new bail, having stricter release conditions and additional court dates.
A domestic violence arrest can lead to considerable stress and emotional turmoil, both of which can be increased if a protective order is issued. Working with a legal professional who is familiar with domestic violence charges may help you to learn your defense options and how they may impact your ability to be reintegrated into your family.]]>On Behalf of Law Office of James McGee<![CDATA[Do misdemeanor theft charges require a defense lawyer?]]>https://www.mcgeeplc.com/?p=468952026-07-01T15:30:16Z2026-07-01T15:30:16ZWhen is theft a misdemeanor?
Typically, the value of the misappropriated resources determines the severity of the charges. If the items allegedly stolen are worth less than $950, prosecutors are likely to pursue misdemeanor theft charges. Misdemeanor theft charges can carry up to six months in jail and $1,000 in fines, as well as an order of restitution to repay the victim.
There are other scenarios in which the state could also pursue more serious charges. If the defendant has three or more prior theft convictions, they could be at risk of a felony charge, regardless of the value of the property.
Common aggravating factors include the use of a weapon, forcing entry onto private property and the theft of certain types of assets, such as firearms. Even misdemeanor theft charges can carry serious criminal penalties and produce a record that affects the person's opportunities whenever they must undergo a criminal background check.
Reviewing theft allegations against a defendant can help people decide the most effective way to respond and if a lawyer is necessary. An attorney can help people prove their innocence or negotiate a plea bargain that limits potential penalties.]]>