Law Office of James McGeeLaw Office of James McGee2026-09-08T00:37:50Zhttps://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[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.]]>On Behalf of Law Office of James McGee<![CDATA[Potential signs of drunk driving]]>https://www.mcgeeplc.com/?p=468942026-06-21T09:23:53Z2026-06-21T09:23:53ZGenerally speaking, the police cannot just pull over random vehicles and check to see if the drivers are impaired. They cannot sit outside of a bar and pull over every car that leaves, giving each driver a breath test to check their BAC.
Instead, the police first need to see signs of impaired driving, giving them reasonable suspicion to stop the vehicle. They still do not technically know if the driver is impaired or not, but they now have a reason to investigate further. They can pull the car over, talk to the driver, ask them to take field sobriety tests, administer a breath test and take other steps.
How impairment changes driver behavior
As such, it is very important to identify the signs that the police may look for based on the way alcohol affects a person's ability to drive safely. Potential signs include:
Weaving across the road or driving in a zigzag pattern
Driving with tires on either side of the centerline
Accelerating or decelerating abruptly
Driving aggressively or tailgating other cars
Driving in the wrong lane or driving the wrong way down a roadway
Stopping for no apparent reason
Having an extremely delayed reaction to traffic signals
Near misses, such as almost running into a curb
Forgetting to turn the headlights on when it is dark outside
Driving far below the posted speed limit, perhaps in an attempt to avoid detection
When the police see these types of issues, they may then conduct a traffic stop, which could result in an arrest. Those who are facing serious impaired driving charges must know what legal options they have at this time.
]]>On Behalf of Law Office of James McGee<![CDATA[Barstow veteran acquitted of murder, manslaughter in fatal shooting]]>https://www.mcgeeplc.com/?p=468932026-06-17T09:23:04Z2026-06-17T09:23:04ZClick Here to Read More]]>On Behalf of Law Office of James McGee<![CDATA[Barstow veteran acquitted of murder, manslaughter in fatal shooting]]>https://www.mcgeeplc.com/?p=468922026-06-17T09:20:43Z2026-06-17T09:20:43ZClick Here to Read More]]>On Behalf of Law Office of James McGee<![CDATA[Misdemeanor convictions can impact your entire life]]>https://www.mcgeeplc.com/?p=468882026-06-11T10:31:50Z2026-06-11T10:31:50ZMany people think that misdemeanor charges aren’t that big of a deal, but they may not realize that being convicted of one can affect the individual’s life in a variety of ways. Misdemeanors can involve a host of activities, such as impaired driving, simple assault, petty theft, trespassing or simple drug possession.
The effects of being convicted of one of these charges can go far beyond the sentence that’s handed down in court. The conviction can appear on background checks, which can make employment challenging, lead to problems finding housing and complicate professional licensing.
How can these challenges affect you?
Being unable to continue your employment or find a suitable job can make it hard for you to support yourself. Even if you’re able to find a job, you might have trouble finding housing. Together, these are two of the most difficult effects of a misdemeanor conviction for some people to deal with. They may be more pronounced if the misdemeanor is considered violent, such as simple assault, or if it has to do with drugs. It’s sometimes possible to minimize the way that a misdemeanor will affect your life if you’re able to go through a diversion program. These aren’t available for all charges or in all courts, so it’s best to learn if this is possible if you’re interested. Even if a charge seems minor, it’s critical that you learn your options for addressing the case. Because of differences between misdemeanor courts, it’s often best to work with someone familiar with these matters. This can help you to learn what options you have and consider how each may impact your future. Once you determine your chosen course of action, that individual can assist you as you move through the legal process.
]]>