Monterey Park Criminal Defense Attorney and DUI Lawyer

Monterey Park, CA is a suburban community located in Los Angeles' San Gabriel Valley region.  Neighboring communities include:  San Gabriel, Alhambra, Rosemead, East LA, South Pasadena, Montebello and El Monte.  The city of Monterey Park has over 60,000 residents, with large Chinese and Spanish speaking populations.  The Monterey Park Police Department provides law enforcement services in the area, with the California Highway Patrol enforcing laws on the 10, 710 and 60 Freeways.  Crime statistics in Monterey Park can be obtained here.  Generally, Monterey Park has lower crime rates than the average for LA County.  Still, criminal charges are fairly common, with citizens finding themselves in court facing misdemeanor or felony charges.  DUI and drug charges are the most common criminal offenses charged in Monterey Park.  Domestic Violence and theft crimes are also not uncommon. 

If you or a loved one has been arrested in Monterey Park, Rosemead, San Gabriel, El Monte or anywhere else in LA, and now must appear before a judge at the Alhambra Courthouse, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.  With strong experience successfully handling a wide range of criminal matters from DUI and Petty Theft to Aggravated Assault and Homicide, our office can guide you through this difficult process and protect your interests and rights.  Attorney Nicholas Loncar is passionate, aggressive and fights hard for clients.  Call us now to discuss your case, your possible defenses, different ways to fight it and the possible and likely outcome(s) in your Los Angeles criminal case.

EXAMPLE OF A MONTEREY PARK CRIMINAL DEFENSE CASE:
Paul is a Monterey Park resident and a student at near by Cal State Los Angeles.  Paul recently obtained a doctor's medical marijuana recommendation and can be described as a medical marijuana patient.  One evening, Paul is stopped due to his muffler making a loud noise as he passed under an overpass.  The officer alleged that this was evidence that Paul had a modified exhaust, in violation of the California Vehicle Code.  Upon approaching Paul's window, the officer smells marijuana.  Paul has not been smoking, and is not driving under the influence, but he does have some marijuana that he recently purchased from an experienced marijuana grower.  The officer asks Paul to step out of the vehicle and begins to search the car.  The officer recovers 6 ounces of marijuana, each in its own bag.  Additionally, Paul had a scale, which he used to verify the weight of the marijuana he was buying.  Paul is arrested and charged with possession of marijuana for sale and transportation of marijuana, violations of the Health and Safety Code (specifically, HS 11359 and HS 11360).  Paul has several defenses and strong defense strategies, including:

1.  A motion to suppress the evidence.  If the police officers violated Paul's Fourth Amendment rights during the search, the evidence against Paul will be excluded.  Proving what took place during a traffic stop can be a tough task, but the burden of proving that a search was lawful is on the Government.  This means that the prosecution must prove that an officer had probable cause or consent to search.  An officer's report and even court testimony that probable cause or consent existed can be challenged by testimony by other witnesses (potentially including the defendant), inconsistencies in the officer's statements, and other factors weighing on the officer's credibility.  More and more, police encounters are being caught on tape, whether by a dash cam on the patrol car, a bystander's iPhone or even a body cam worn by the officer.  This objective evidence is often the key to exposing rights violations and dishonest police.

2.  Medical Marijuana Defenses.  California medical marijuana patients may possess as much marijuana as is needed for their own personal use.  In a landmark case, People v. Kelly, the courts ruled that the traditional 8 ounce limit was unconstitutional.  While Paul had less than that now outdated limit, the officers arrested him because of the various packages and the scale, in addition to the amount.  While medical marijuana laws can provide defenses for collectives, medical marijuana patients can still be charged with offenses involving the sale of marijuana.  There are motions that an attorney can file asserting a medical marijuana patient's rights to possess even seemingly large quantities of marijuana, and an affirmative defense can be put on at the preliminary hearing.

3.  Negotiating down the charge.  With the leverage of being able to fight the case, there is also an opportunity to negotiate the charge down and avoid the risk of losing.  If the charge can be reduced to an infraction or misdemeanor from a felony, it may be worth considering a plea deal.  As an infraction or misdemeanor, there would likely be much less serious penalties.

4.  Trial by jury.  Though this case has a strong chance of dismissal in some of the ways discussed above, it is conceivable that a judge would find cause to "bind over" at the preliminary hearing, ruling that there is sufficient evidence to hold the defendant to answer to the charges.  In that event, the case might very well proceed to a jury trial.  Here, the government will have the highest burden of proof beyond a reasonable doubt.  In essence, proving that Paul most likely was selling marijuana is not enough for a conviction, and the jury must acquit.  Here, Paul's defense attorney will emphasize the lack of evidence of sales, and call an expert witness familiar with marijuana and medical marijuana use patterns, sales and more.

If Paul has an experienced, passionate, knowledgeable Los Angeles Criminal Defense Attorney to represent him in this case, he has a strong chance of avoiding a conviction.  Felony charges are very serious and can have disastrous consequences for employment, immigration status, professional licensing, and gun ownership.  Whether the case is resolved by a motion, at the preliminary hearing, through plea negotiations or at trial, the choice in hiring the right counsel, someone who will fight hard for him, is essential for Paul.

Being arrested and charged with a crime is scary, stressful and can have devastating consequences for your life, career and future.  In addition to facing jail or prison time, criminal convictions can have consequences for immigration, employment, education, professional licensing, your driving privilege and more.  If you have been arrested in Los Angeles, contact the Law Offices of Nicholas Loncar now for a Free Consultation.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
City of Monterey Park
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule