Law Office of James McGeeLaw Office of James McGee2026-07-21T14:22:25Zhttps://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[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 The alleged victims can’t stop an order, which means that even if they request that the order be rescinded, they are powerless to influence the ongoing influence of an order.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.
]]>On Behalf of Law Office of James McGee<![CDATA[Can you share marijuana in California?]]>https://www.mcgeeplc.com/?p=468862026-05-27T15:50:45Z2026-05-27T15:50:45ZRecreational marijuana is legal in California, as is medical marijuana. However, there are many restrictions surrounding its use, so it is still important for people to understand how to handle these substances properly.
In a broad sense, yes, sharing marijuana is legal. A person can share products that they have purchased or plants that they have grown themselves. But even then, there are restrictions that should be noted, as violations could lead to criminal charges.
The total amount
To begin with, people are only supposed to share up to 28.5 g of marijuana. Sharing too much could lead to legal trouble. Sharing a few products at a social event with friends is likely fine, but both parties should keep an eye on the total amount they possess at any given moment.
The recipient’s age
Additionally, recreational marijuana is only legal for those who are at least 21 years old. Sharing with someone who is under 21 is illegal. Generally, it is best for people to only share products with others they know well, so there is no confusion regarding age.
Receiving compensation
Finally, only licensed dispensaries can legally sell marijuana products. Private individuals cannot. As such, sharing generally has to be done for free. If a person receives compensation for those marijuana products, then it could be considered an illegal sale.
Legal defense options when facing drug charges
This demonstrates just a few of the ways marijuana can still lead to criminal charges in California. Those who find themselves facing drug charges must understand what defense options may be available to them.
]]>On Behalf of Law Office of James McGee<![CDATA[Are there any tricks to sober up quickly?]]>https://www.mcgeeplc.com/?p=468852026-05-13T10:35:58Z2026-05-13T10:35:58ZNo, there are not any tricks that you can use to help yourself sober up any faster than normal. It is all dictated by your body’s alcohol metabolism rate. Generally speaking, your blood alcohol concentration, or BAC, goes down by about 0.015% every hour after you stop drinking.What this means is that you simply have to give your body enough time to process the alcohol in order for your BAC to drop – and it can take a significant amount of time for that to happen. You generally cannot just sober up in half an hour and be okay to drive. If your BAC was well over the legal limit, it can take hours for it to drop far enough, so you would be risking DUI charges if you got behind the wheel too soon.
Why do people believe that various tricks can help?
There are those who believe certain activities can sober them up quickly. Two common examples are taking a cold shower or drinking a cup of coffee.The first reason that people may believe this works is because both of those activities will wake them up. A person who has been drinking may feel excessively tired, groggy and fatigued. A cup of coffee wakes them up, so they think they are sober, but the truth is that their BAC is still high.The second reason is that taking a shower or drinking coffee does take time. So the person’s BAC has dropped marginally. But the issue is that it probably has not dropped by any meaningful amount, so they could still be over the legal limit.
Defense options after DUI charges
It is important to understand how your BAC works, as these misconceptions could lead to a DUI charge. If you have been arrested, it is critical that you know what defense options you have at this time.
]]>On Behalf of Law Office of James McGee<![CDATA[Administrative license suspension in California]]>https://www.mcgeeplc.com/?p=468842026-04-28T19:43:01Z2026-04-28T19:43:01ZCalifornia’s administrative license suspension/administrative per se suspension (APS) automatically applies after a driver is arrested for a suspected driving under the influence (DUI) and their blood alcohol concentration (BAC) is 0.08% or higher. Or when a driver refuses a chemical test after a lawful DUI arrest.
Here is what you should know about this suspension:
You can contest it
A police officer will immediately confiscate your license and issue a 30-day temporary license, which is often pink. You can drive using this temporary license for 30 days after it’s issued. You have the right to request a DMV hearing within 10 days of the arrest to contest the suspension.This will be followed by the DMV reviewing your case. You will also receive the police report, chemical test results and any other evidence the DMV has to review during the discovery phase.A hearing date will then be scheduled. During the hearing, a DMV hearing officer willdetermine whether the officer had reasonable cause to stop you, if the arrest was lawful and if your BAC was 0.08% or higher. If the officer determines there is no basis for the suspension, it will be set aside. You will be notified in writing. If you lose the case, the suspension on your license takes effect immediately. The temporary license will also no longer be valid.Note that the 30-day temporary license will be extended until the date of the hearing decision. Thus, requesting a hearing places a ”stay” or “pause” on automatic suspension. If you fail to observe the 10-day deadline for requesting a DMV hearing, you waive the right to challenge the suspension. Your license will be suspendedautomatically when your 30-day temporary license expires.Losing your driving privileges can significantly affect your daily routines. It’s crucial to know the steps to take immediately after a DUI arrest to protect yourself. ]]>On Behalf of Law Office of James McGee<![CDATA[3 times California shoplifting becomes a felony offense]]>https://www.mcgeeplc.com/?p=468832026-04-07T00:40:54Z2026-04-07T00:40:54Z1. When the items are especially valuable
The total value of the items taken influences the charges that the state brings. If the property shoplifted is worth more than $950, the person accused could face felony charges.
2. When the defendant has serious prior convictions
State statutes allow for the felony prosecution of shoplifting offenses in scenarios where the defendant has certain serious prior criminal offenses on their record. Two or more prior theft convictions can justify a felony shoplifting charge.
Even a single theft offense carrying a jail or prison sentence can increase subsequent charges. Serious prior convictions, including murder, attempted murder, gross vehicular manslaughter or sex offenses, can also lead to felony shoplifting charges.
3. When there are allegations of organized retail theft
Organized shoplifting has become a much more pressing issue for retailers in recent years. The state can pursue more aggressive charges against those accused of conspiring to engage in widespread retail fraud with others.
Those accused of shoplifting and other theft offenses may very well require legal representation. An attorney can help people understand the charges against them, review the state’s evidence and plan the best court strategy possible. Reviewing shoplifting allegations with an attorney can help defendants understand their options.]]>