Gardena, CA is located in LA County's South Bay region, nearby Hawthorne, Lawndale, Lennox, Inglewood, Torrance, Carson, Redondo Beach, Hermosa Beach, Manhattan Beach and Palos Verdes.  With a population of nearly 60,000, Gardena has its own law enforcement entity, the Gardena Police Department, in charge of enforcing traffic, misdemeanor and felony laws in the area.  Nearby the 110, 105, 405 and 91 Freeways, Hawthorne residents and visitors are also likely to encounter California Highway Patrol officers, with CHP responsible for a majority of the DUI arrests in the area.  Criminal and traffic matters in Hawthorne are prosecuted at the Torrance Courthouse on Maple avenue in Nearby Torrance, CA.  Criminal matters are aggressively prosecuted and harsh punishments are sought.  In addition to DUI arrests, drug crimes, domestic violence, theft crimes, and violent crimes are common.

A criminal conviction can have serious consequences, including time in jail or prison, large fines, long terms of probation (up to 5 years), loss of driver's license, loss of professional licensing/employment and immigration consequences.  If you or a loved one has been arrested or charged with a crime in Gardena, Torrance, Hawthorne, Inglewood, Redondo Beach, Hermosa Beach, Long Beach, Compton, or anywhere else in Los Angeles, call the Law Offices of Nicholas Loncar for a Free Consultation with a Los Angeles Criminal Defense Attorney.  There are many defenses in criminal cases.  Additionally, there may be motions that can get evidence thrown out in your case due to search and seizure or Miranda rights issues.  If you hope to avoid trial, effective plea negotiation can still be achieved by pointing out deficiencies in the government's case, bolstering your good character and more.  Discuss your case with a lawyer to evaluate your defenses, as well as determine the possible and probable consequences in your case.

Some examples of a Gardena, CA Criminal Case Include:
1.  Jerry, a Gardena resident is cheering on his favorite football team at a local sports bar.  Over the course of the game, Jerry consumes four Bud Light beers, enjoys a large plate of nachos, and does not feel impaired to drive.  On his way home from the game, Jerry encounters a DUI checkpoint.  The officer smells alcohol on Jerry's breath and asks him to step out of the car.  Jerry performs a series of field sobriety tests and does pretty well.  Next, the officer has him blow into a preliminary alcohol screening device, with a result of .09 and he is arrested for DUI.  At the station, Jerry blows a .10.  Jerry has a strong Rising BAC defense, and may be able to establish that his BAC was below the legal limit at the time of driving, even though he tested higher later.  Jerry's DUI lawyer will also discuss Jerry's medical and dental history, drinking pattern that day, and more to determine the best defenses.

2.  Rhonda lives in Gardena and is shopping with her daughter on Western Avenue one day when she is stopped by store security personnel on her way out of a store.  Unbeknownst to Rhonda, her 3 year old daughter had grabbed an item off of a shelf and was holding an unpaid-for item (valued at over $150) as they walked out the store.  The store security call the police and an officer comes out to talk to Rhonda.  The officer does a background check and finds that Rhonda had previously been convicted of shoplifting, and issues a citation for her to appear in court on a misdemeanor.  Rhonda's lawyer can attempt to work something out with the prosecuting attorney.  Ideally, the case will not be filed, but in the event that it is, the attorney can attempt to work out a diversion program or take the case to trial to assert that Rhonda did not intend to steal anything and did not know about the item her daughter grabbed off of the shelf.

3.  Ian and Shelly live in an apartment in Gardena together.  They have been together about 2 years and frequently argue.  On several occasions, neighbors have called the police to report noise or a disturbance.  One evening, Shelly sees a text message on Ian's phone from a girl named Erica.  Shelly confronts Ian and a heated argument breaks out.  Having long suspected Ian of cheating, Shelly is very angry.  Police arrive at the apartment and speak to Shelly and Ian separately.  The officer talking to Shelly tells her (untruthfully) that Ian said she slapped him and that he'd have to take her to jail.  Shelly, now irate, tells the officer that Ian hit her and has done so in the past (untrue).  Ian is arrested and charged with a violation of PC 273.5, causing injury to a spouse or cohabitant.  Ian's lawyer is able to get the case dismissed on the day of trial, in part by exposing the dirty police tactic used to encourage Shelly's false accusation.

If you or a loved one has been arrested or charged with a crime in Torrance, Gardena, Hawthorne, Inglewood, Compton, Long Beach, Redondo Beach, Hermosa Beach, Palos Verdes, San Pedro, Carson or anywhere else in Los Angeles, you need to discuss your case with a knowledgeable, experienced attorney.  During a free consultation, you can get a better idea of the strength of the case against you, what defenses you may have, and what the possible and probable outcomes could be in a case like yours.  Call our office now to discuss your case.  213-375-3775.

Arcadia, CA is a peaceful, upscale suburban community just East of Pasadena in Los Angeles' San Gabriel Valley.  Also nearby are Altadena, South Pasadena, Alhambra, Duarte, Monrovia, Temple City, El Monte and San Gabriel.  Criminal cases originating in Arcadia are heard at the Pasadena Courthouse.  The Arcadia Police Department provides law enforcement services in the area, with the California Highway Patrol enforcing laws on the 210 Freeway.

Arcadia has a residential population of over 55,000 residents, and is home to the LA County Arboretum and Botanic Gardens and the Santa Anita Park racetrack.  With its quaint location and upscale population, Arcadia does not suffer from many of the types of crime that plague many other areas in Los Angeles.  Nevertheless, criminal charges are not uncommon, and citizens find themselves having to appear in court to defend against misdemeanor or felony charges.  DUI and drug charges are the most common criminal offenses charged in Arcadia.  Domestic Violence and theft crimes are also not uncommon. 

If you or a loved one has been arrested by Arcadia Police and now must appear at the Pasadena or Alhambra Courthouse, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.  With experience handling a wide range of criminal matters from DUI and Petty Theft to Aggravated Assault and Homicide, our office has the experience you need.  Attorney Nicholas Loncar is passionate, aggressive and fights hard for clients' rights.  Call us now to discuss your case, your defenses and the possible and likely outcome(s) in your Arcadia criminal case.  Also serving: Pasadena, Alhambra, Altadena, Monrovia, Glendale, El Monte, Pomona, Burbank, and the rest of Los Angeles County.

Here are some examples of criminal cases in Arcadia:

1.  Jane is an Arcadia resident who works in nearby Pasadena.  After work one day, she joins some co-workers for dinner and drinks in Old Pasadena.  In all, she has 2 glasses of wine and a sip of a cocktail.  She makes it most of the way home, when she is stopped getting off at her exit on the 210 Freeway.  The CHP officer who stopped her accused her of making an unsafe lane change to get over and get off at the exit.  The officer smells alcohol on Jane's breath and asks if she has been drinking.  Jane admits to having two glasses of wine and is asked to step out of the car.  the officer has Jane perform a series of field sobriety tests, starting to build the DUI case against her.  After having Jane follow a pen with her eyes, stand on one leg, tilt her head back and count to 30, and walk 9 steps out and back, the officer has her blow into a preliminary alcohol screening device.  This test is VOLUNTARY, but police are trained to get people to feel like they have to blow.  The tests come back with Jane's BAC at .087 and .090.  Jane is arrested for DUI and taken in to the station.  At the station, Jane gives another breath sample, on a bigger breathalyzer machine, with a .10 result.  Jane has several defenses here.  First, her lawyer may be able to successfully challenge the stop after viewing the dash cam footage and showing that the lane change was in fact not unsafe.  In addition, Jane's BAC appears to be on the rise when she is tested.  This means that her BAC at the time of driving might very well have been below the legal limit.  There are many, many defenses to DUI and it takes a skilled, intelligent and experienced attorney to find the best defenses and attack the case.

2.  Evan is a 20 year old college student home for the holidays with his parents in Arcadia.  He borrows his mom's BMW to go visit some friends who are home for the holidays as well.  At his friend's house, he smokes marijuana and drinks 3 beers.  On his way back home, he loses control of the car and side-swipes two parked cars.  Evan continues home, not stopping to report any damage to the vehicles.  A neighbor writes down the license plate number and calls the police.  Arcadia police locate Evan's parents as the registered owners of the vehicle.  When Evan gets home, he tells his parents what happened.  Wisely, they immediately involve a Los Angeles Criminal Defense Attorney, who contacts the PD, letting the officers know that his client (the mom, registered owner of the car), has retained counsel and that she will not be giving a statement.  Evan was technically guilty of several different crimes here, including DUI-alcohol, DUI-marijuana, and hit and run, but will avoid criminal charges in this case if handled properly by his mother's attorney.  He will not face a conviction, jail time, a license suspension or any other negative consequences.  Had the police gotten an opportunity to question him, he could have been convicted of all of those offenses.

3.  Mary has a party at her apartment in Arcadia, and invites several friends (who invite some more people).  Eventually, the party is loud and out of control, with people going in and out with open alcohol containers.  Police come in response to a noise complaint and tell Mary to keep the noise down.  Most of the party guests leave, but a few stick around.  A neighbor calls the police again, and they come back out a second time.  This time, the officers enter the apartment and find an eight ball of cocaine on a coffee table, with several lines set up on an iPhone screen.  The officers ask Mary about it and she denies any involvement or knowledge.  It turns out later that the iPhone belongs to her.  Based on the quantity and the number of party guests, the officers arrest Mary and charge her with possession of a controlled substance for sale, a felony.  Mary immediately hires a Los Angeles Criminal Defense Attorney to represent her in this important case.  Her lawyer has a few defenses to work with, including: challenging the search in the first place, challenging whether Mary had any knowledge that there was cocaine at the party, and of course challenging whether it was possessed to be sold or furnished to others.

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 Arcadia, Pasadena, Burbank, Glendale, Alhambra, El Monte, Pomona, West Covina or anywhere else in Los Angeles, contact the Law Offices of Nicholas Loncar now for a Free Consultation.  213.375.3775.

Ideally, your Los Angeles criminal case will end in a dismissal or a trial win.  If you have a strong defense, the government lacks credible evidence, or if the evidence against you was obtained in an unlawful way, it might very well be possible to completely beat the charges against you and walk away with no conviction and no punishment.  At the same time, a vast majority of criminal cases end in a plea bargain.  Due to the uncertainty/risk, cost, time and emotional drain of the criminal jury trial process, many defendants find that seeking out the best possible plea negotiation is preferable to fighting the case all the way.  Trial can be expensive, and time consuming.  Moreover, if convicted, there will be no guarantees as to the judge's sentence. 

When plea negotiations break down and the prosecution is unwilling to make a reasonable accommodation with a deal, trial may still be the best solution, but it is important to discuss your case in detail with your lawyer to determine what is most important to you, and figure out the best way to make that happen.  Plea negotiations can lead to very favorable outcomes for defendants.  Prosecutors do not have the time to take all of their cases to trial and will often give in to properly made requests by the defense.  In order for a plea deal to go through, the defendant must waive important constitutional rights, namely the right to be proven guilty beyond a reasonable doubt by a jury.  There are many examples of times where plea negotiations may be favorable.  Here are some examples:

PLEA TO LESSER CHARGES
One of the most common reasons that people plead guilty is to avoid being found guilty of the charged offenses.  Sometimes the charges that are filed in a criminal case are serious or carry particularly harsh consequences, as opposed to a different charge.  There are many different reasons to try to plead to a lesser charge and each case is a little bit different.  A permanent felony conviction can have very serious consequences, so a plea to a misdemeanor or a "wobbler" (which can later be reduced to a misdemeanor) will always be preferable to a felony conviction.  Further, a DUI conviction, for example, will lead to a court-imposed driver's license suspension, while a plea to a lesser charge like reckless driving will not.  If your attorney can negotiate your DUI charges down to a "wet reckless" or even simple reckless driving, this may be an important distinction worth giving up your right to a trial.  When charged with multiple offenses or multiple counts, getting some of the charges dismissed pursuant to a plea deal can be a big deal.  "Strikes" under California's Three Strikes Law can also provide motivation to try to negotiate for a lesser charge as opposed to trying to fight the case at trial.

PLEA INVOLVING NO JAIL TIME
Most misdemeanor offenses carry up to 6 months or a year in county jail and felonies carry even longer terms in state prison.  If convicted at trial, the sentencing judge will hear argument from both sides, consider evidence heard at trial and listen to victim impact statements before rendering a sentence.  This sentence might not be any worse than what was offered by the prosecution before trial, but it can be.  Rarely is the prosecution's offer for a plea deal to the maximum.  In fact, in order to induce a guilty or no contest plea rather than having to put in the work to prove a defendant guilty, the prosecution may be willing to offer NO JAIL TIME, community service or a very small amount of jail time.  In felony cases, a plea that does not involve prison time, often called a "joint" suspension may be ideal.  more information about avoiding jail time

IMMIGRATION SAFE PLEA DEAL
Immigration law is complex, but there are certain offenses that carry very serious immigration consequences.  Aggravated felonies, crimes involving moral turpitude, significant misdemeanors, crimes of violence, drug crimes and domestic violence offenses can all mean bad things for non-citizens.  Luckily, there are often lesser charges that can make for a more immigration-friendly plea deal.  more information about immigration consequences

VERY STRONG GOVERNMENT CASE
Sometimes there simply is no chance at winning at trial.  Here, it is vital that you have skilled, passionate, aggressive representation.  Your attorney can help present your good side, and work with the prosecutor and judge to come away with a less punitive deal than if you were to take the case to trial and lose.  A strong government case does not mean that a defendant should take ANY deal the prosecution offers, and it is important to have strong advocacy on your side to improve the circumstances.  Even if a case is not great for trial, there may be other issues (e.g. motion issues) to harp on and force the prosecution into making a better deal.

PLEA TO AVOID PUBLICITY
Trials generate headlines.  Pleading no contest to avoid publicity may be one of the quickest ways to put a criminal case in the past.  If getting a dismissal or acquittal seems unlikely, but would bring negative headlines along with it, a quick and quiet plea negotiation may be preferable.  This is a concern you should always discuss with your attorney to ensure that your defense strategy is consistent with your most important concerns.

AGREEMENT TO TESTIFY AGAINST ANOTHER PERSON
More common in the federal court system, it may be possible to resolve your case more favorably by agreeing to give information or testify against another person in the same case or in a different case.  This is a difficult decision for most people, but is something you should consider discussing with your attorney.

Securing a favorable plea deal can be a difficult process.  Sometimes it is best to come to an agreement early, even involving the detective or investigating officer in the negotiations.  Other times, the best plea deals are achieved by pushing a case towards trial.  It is important to project confidence in the defenses and lack of evidence, while also using the proper mechanisms to present favorable, mitigating factors such as letters of recommendation, evidence or community service, education and self-improvement steps and more.  If you or a loved one is facing criminal charges, it is important to have a passionate, aggressive Los Angeles Criminal Defense Attorney on your side fighting for you.  Whether trial, motions to suppress evidence, motions to dismiss or plea negotiations are right for you, you need a lawyer who understands the process inside and out and can work with law enforcement, the prosecution and the court to get you the best possible outcome. 

One of the collateral consequences associated with some convictions in California is a restriction on gun ownership.  All felony convictions, as well as some misdemeanor convictions will result in a lifetime firearm ban.  Additionally, weapon restrictions may be a condition of misdemeanor probation in other misdemeanor cases.  Former LA County Sheriff Lee Baca was not allowed to carry a firearm due to a domestic violence conviction.  Sheriff Baca had to carry a rubber gun as part of his uniform.  As you can imagine, if the Los Angeles County Sheriff was not allowed to carry a weapon, restoring this important right is an arduous process.  Federal law is even stricter than California law when it comes to gun ownership after a conviction, but a Los Angeles Criminal Defense Attorney may be able to help you to restore these important rights.

The Second Amendment protects US citizens' right to bear arms.  And while the text appearing in the Bill of Rights seems to absolutely protect this right, the courts have carved out many exceptions, not only limiting the types of firearms that may be owned, but also who may own or possess firearms.  Among these restrictions, convicted felons, those convicted of certain misdemeanors (including domestic violence and criminal threats), illegal aliens, drug addicts, those subject to restraining orders and fugitives of justice.  Some misdemeanors can carry a lifetime weapons ban, and others only a 10 year ban.  Felonies involving a dangerous weapon and domestic violence convictions may make it impossible to restore your California gun rights.

These restrictions on gun ownership are enforced in several ways.  Gun purchases are controlled by Federal legislation (The Brady Act), requiring background checks before a gun may be purchased.  Background checks are performed pursuant to the National Instant Criminal Background Check System (NICS).  Additionally, as a deterrent, being a felon in possession of a firearm, or possessing drugs or being under the influence/addicted to drugs while possessing a firearm can be very harshly punished.  Straw purchases may also carry serious consequences.

Restoring your California gun rights requires vacating your felony or misdemeanor conviction.  If your felony conviction was a "wobbler" (meaning that it can be charged as a misdemeanor or felony), reducing your felony to a misdemeanor via a 17B motion makes the conviction a misdemeanor, and may restore your gun rights.  Additionally, getting a governor's pardon may restore your gun rights.  A 17B motion to reduce a felony to a misdemeanor.  Though not yet addressed by any courts, it would appear that California's recent passage of Prop 47, making some former felonies now misdemeanors, will not affect gun rights for prior convictions.

Restoration of California, and of course, federal gun rights is a difficult process, and must be assessed on a case by case basis.  The unfortunate reality is that many people will never qualify for gun rights restoration due to prior convictions.  Even those who may qualify, will have to fight an uphill battle.  Getting a 17B motion or (especially) a Governor's pardon is not an easy process.  If you or a loved one has suffered a felony conviction in the past, contact our office for a Free Consultation with a Los Angeles Criminal Defense Attorney.  We can discuss the details of your conviction and assess your eligibility for relief that can clean up your record.  Even if your gun rights cannot be restored, an expungement or reduction to misdemeanor can have other benefits.  Contact the Law Offices of Nicholas Loncar now to see if there is anything we can do to help.

more about California weapon offenses

The term "innocent until proven guilty" is thrown around often.  We learn from a young age that only those proven guilty of a crime, beyond a reasonable doubt should be punished.  The truth is that a criminal defendant is only sentenced after being proven guilty at trial or pleading guilty.  But, many punishments are imposed before a conviction and before a sentence is pronounced.  The burden of proof beyond a reasonable doubt is supposed to be a very high burden, and one that is exclusively on the government.  In practice, criminal defendants, based only on a police officer's belief of probable cause (a much lower standard) can find themselves incarcerated, with high bail set, and seemingly fighting to prove their innocence.  Fighting a criminal case can take a long time, and for those who are in custody, life on the outside does not stand still.  Jobs will not wait; rent and mortgage payments must be made; children must be cared for, and school must be attended.  If you or a loved one has been arrested, it may be difficult to reconcile the ideal "innocent until proven guilty" notion of freedom we have been taught to believe with a harsh reality of punishment, fear and mistreatment before any evidence has been used to prove the defendant guilty.  This is why strong representation is so essential for criminal defendants, whether innocent or guilty.  Let a passionate, aggressive and experienced Los Angeles Criminal Defense Attorney help you fight for your innocence, and make the government prove your guilt beyond a reasonable doubt.  From misdemeanor charges like DUI, Domestic Violence up to serious felonies like robbery/burglary, homicide and more, our office will fight tirelessly for you.

THE ROLE OF BAIL
Some criminal defendants are released on their own recognizance (O.R.) pending a disposition in their criminal case.  Others are often held on "bail" during that process.  What this means is that the court will require posting of some sum of money before the defendant may be released.  The amount of bail required often determines whether a defendant will post cash bail or a bail bond or whether they will remain in custody.  Bail bonds companies have helped defendants by making the cost of bail more manageable.  Bail bonds companies will typically charge 10% of the full bail to post and get a defendant out of custody.  With a private attorney defending on the case, most bail companies will reduce their premium to 8%, saving the defendant even more money.  The most common bail amounts in LA County are $30,000, $50,000 and $100,000.  Posting that full amount is not possible for most people.  Even posting the 8% bond is a heavy financial burden.  Again, it is evident that people are being harshly punished long before any evidence is presented to prove their guilt.  Bail can be a helpful tool to keep your life in order without sacrificing the time that may be necessary for your defense.  Sometimes additional investigation, trial preparation and plea bargaining will only be able to take place if the defendant is out of custody.  In some cases, where custody time is inevitable, it may be in the defendant's best interest to continue to earn custody credits while fighting the case, instead of paying money to delay jail time.  This is a case by case determination, and the right answer is often not clear until after a decision on bail has already been made. 
more about the bail process

PRELIMINARY HEARINGS IN FELONY CASES
In felony cases, the government must meet a preliminary burden of proof (probable cause) in order to continue to hold someone on felony charges.  In California, a preliminary hearing is like a mini-trial, where witnesses are called to testify about a crime.  The government need not prove guilt beyond a reasonable doubt at this stage, but Misdemeanor cases do not have preliminary hearings.  Moreover, felony cases that proceed by grand jury indictment (as opposed to the filing of a criminal complaint) do not require a preliminary hearing.  Cases are rarely filed by indictment in Los Angeles.  Even with the low burden at a preliminary hearing, your criminal defense lawyer can do a lot for your defense at this stage, including locking witnesses into statements, getting evidence thrown out or even getting the case dismissed.
more about preliminary hearings

JURY TRIAL
It is the right of everyone charged with a misdemeanor or felony in California to have a jury decide their guilt at a trial.  Preparation of a trial theory, investigation, questioning witnesses, motions and preliminary hearing (felonies only) can take several months.  Even if a defendant is insistent on moving trial along quickly, it can still be nearly 3 months before a criminal defendant gets to trial.  With added time to allow investigation and preparation, many trials begin a year or more after the date of arrest.  Although every defendant has a right to a jury trial, very few exercise that right.  The time and cost of taking a case to trial leads most cases to end in a guilty or no contest plea.  Asserting your innocence to the very end likely means taking a case to trial.
more about jury trials

PLEA BARGAINING
Most people are never really "proven" guilty in our criminal justice system.  Most criminal cases will settle in a process commonly called "plea bargaining."  Trial can be risky for both sides.  Even when the evidence does not appear particularly strong or if the defendant is innocent, a jury might be persuaded to convict.  Similarly, in seemingly string cases, there may be enough loose ends to drum up doubt.  This uncertainty makes plea negotiations attractive to both sides.  If a defendant can work out a deal that does not involve jail time, does not involve a permanent felony conviction, does not involve immigration consequences, etc., taking that deal might be preferable to risking a trial.

Being arrested and facing criminal charges sure does not seem like proper treatment for the innocent.  Police officers and prosecutors often look at everyone as criminals, and are usually highly biased towards guilt.  To make matters worst, most criminal court judges are former prosecutors.  This is why it is so important that you have someone in your corner who not only knows the law, but wants the best possible outcome for you.

El Segundo, CA is a small beach town in LA's South Bay region.  Located right by LAX International Airport and is located in between Manhattan Beach, Santa Monica, Venice, Westchester, Lennox, Inglewood, Hawthorne, Gardena, Lawndale and Del Aire.  El Segundo has a small stretch of beach, a small residential population, as well as a large industrial and commercial office space presence.  With the proximity to the airport and shipping ports, the area is attractive to many large corporations, including those is the defense and aerospace industries.

With a residential population of only 17,000, El Segundo is in some ways a quaint place to live.  With the many people who work in El Segundo or drive through to go to LAX, Manhattan Beach and other locations, there is a lot going on.  DUI arrests, in particular, are pretty common in El Segundo and other nearby areas.  Drug crimes and domestic violence cases are also not uncommon.  The El Segundo Police Department is the primary law enforcement agency in the area, and criminal cases are prosecuted by the LA County District Attorney's office in the Airport Courthouse and Torrance Courthouse.

Criminal prosecutions are aggressive and can carry severe consequences.  If you or a loved one has been arrested and is facing criminal charges stemming from an El Segundo arrest, it is best to have a passionate, aggressive and experienced criminal defense attorney on your side.  Our office has handled a wide range of criminal cases with a successful track record of obtaining great results for happy criminal defense clients.

EXAMPLES OF EL SEGUNDO CRIMINAL DEFENSE CASES:
1.  John works in an office building in El Segundo and goes to happy hour with co-workers every other Friday.  One Friday, he has 3 beers over the course of two hours, including chugging one just before leaving the bar.  John goes through a red light a little late and is pulled over by El Segundo PD.  The officer smells alcohol on John's breath and asks him to step out of the vehicle and calls for a more experienced officer to come out to assist with the DUI investigation.  After about 15 minutes, the second officer arrives and begins to ask John a series of questions about when he drank, ate, slept and more.  In addition, the officer asks John to submit to a range of field sobriety tests.  After the FSTs, the officer asks John to blow into a handheld breathalyzer called a Preliminary Alcohol Screening (PAS) device.  The machine registers a .09 reading, above the legal limit.  John is arrested for DUI and brought to the station, where he submits to a breath test, with a reading of .11.  John's best defenses in this case is called the Rising BAC defense.  The government must prove, beyond a reasonable doubt, that the defendant's BAC was above the legal limit at the time of driving.  The testing, having been performed after the driving concluded, means that it might not be accurate to the time of driving.  Due to the pattern in John's two tests and the fact that he consumed his second beer shortly before getting behind the wheel, it is likely that his third beer had not yet absorbed into his blood stream at the time of driving.  While John was waiting for the other officer to arrive, answering questions and performing field sobriety tests, his BAC continued to rise.  Had he been tested right away, he would likely have been below the legal limit.  He can assert this defense at trial or use it as leverage to get his DUI charge reduced to wet reckless.

2.  Eric, an El Segundo resident, was convicted of DUI a few months ago.  He was ordered to complete the AB 541 first time offender DUI program, but never enrolled.  His license was suspended and a bench warrant was issued for his failure to enroll on time.  Eric is pulled over for speeding on the 405 by California Highway Patrol.  The officer sees that Eric's license is suspended and Eric is arrested for driving on a suspended license (VC 14601.1 and VC 14601.2).  His car is impounded and he is transported to the station for booking.  Additionally, Eric has a small, nearly empty bag of cocaine in his shirt pocket.  He does not mention the cocaine to the booking officer, and it is later discovered when he is searched.  Now, Eric is facing misdemeanor charges for the driving on a suspended license, probation violations in his DUI case and a felony charge for bringing contraband into a jail.  Eric hires a Los Angeles Criminal Defense Attorney to represent him in these cases.  The lawyer sets the case for the preliminary hearing, where the felony charge is dismissed because the amount of cocaine possessed was too small to be tested by the lab.  With only misdemeanor charges and probation violations remaining, Eric's lawyer gets a continuance and buys Eric some time to reinstate his driving privilege.  Eric gets his driver's license reinstated and the prosecutor agrees to a deal not involving jail time.

3.  Jenny is prescribed Xanax for her anxiety.  She never takes more than her prescribed dose and feels that her medication does not impair her ability to drive safely.  She is careful not to mix the pills with alcohol and is generally a good driver.  One night she is pulled over for swerving on her way home from dinner.  She has not had anything to drink, but was texting a friend, explaining the driving pattern.  The officer asks Jenny to step out of the car and begins to ask her a series of questions.  Jenny admits to taking Xanax, being sure to tell the officer she has a prescription.  She shows the officer the pill that she has in her pocket, but she does not have her prescription with her.  The officer has Jenny perform some field sobriety tests, but Jenny complains that she cannot do what she is asked to do due to a recent surgery to repair a ligament in her ankle.  The officer places Jenny under arrest for DUI and possession of Xanax without a prescription.  Jenny hires a Los Angeles DUI lawyer who gets to work right away fighting for her.  Her attorney gets the cell phone records to show that Jenny was texting at the time of the pullover, gets a copy of the valid prescription and reaches out to the prosecuting agency about the case.  After about a month, the prosecuting agency agrees not to file charges, rejecting the case.  Not only is Jenny not convicted of DUI, but there is no court record.  Her driving privilege will not be affected, and she will not even end up getting a ticket for texting while driving.

4.  Kristina and her boyfriend Rob live together in El Segundo.  They frequently argue, but have never had a physical altercation.  One night, during a heated argument, Kristina breaks a glass on the floor.  Neighbors call police about the yelling and broken glass.  Before the police arrive, Rob cuts his hand pretty bad on the glass and runs to his car to go to the hospital.  When the police arrive, they see the blood and Kristina there, but Rob is not there.  The officers ask Kristina what happened, and she tells them that she broke a glass and that Rob got cut cleaning it up.  Kristina is arrested, but the prosecution does not file charges after reviewing the police report.  Kristina is released after spending two days in jail, but still has an arrest on her record.  She hires a Los Angeles Criminal Defense Lawyer to help clean up her record with a factual innocence petition to try to get her arrest record sealed and destroyed.  The law enforcement agency contests the request, and the matter must proceed to court.  At the hearing, Rob testifies that he cut himself, and the treating doctor is called to testify as well.  It is clear to the judge that the injuries the police thought they saw were not intentionally caused by acts of violence and the petition is granted.

Criminal charges can have very serious consequences for defendants.  Beyond jail or prison time, a criminal conviction, especially a felony, can affect your job, gun rights, immigration status, professional license, and driving privilege.  Virtually all criminal charges have some defenses, and sometimes weaknesses in the government's case or mitigating factors about the defendant can lead to a better outcome.  Whatever stage your case is in (investigation, first court date, trial, post-conviction, etc.), it is important to have someone who understands the criminal process and knows how to navigate the process to work out the best outcome.  If you or a loved one is facing criminal charges in Los Angeles, contact our office for a Free Consultation with a Los Angeles Criminal Defense Attorney.  We can discuss your case, defenses, possible and probable outcomes and get started on your defense strategy.  Our office also handles expungements, petitions to seal and destroy arrest records, certificates of rehabilitation and more.

The Palos Verdes Peninsula is an upscale community, located in LA County's South Bay region.  In between Long Beach and Redondo Beach, PV is also nearby Torrance, Hermosa Beach, San Pedro, Lomita, and Redondo Beach.  The PV Peninsula is made up of Palos Verdes, Palos Verdes Estates, Rancho Palos Verdes and Rolling Hills Estates.

The PV peninsula is known for its great schools and low crime.  The low crime rate is maintained by a significant police presence, and harsh prosecution of all criminal offenses.  With an abundance of law enforcement officers in a low-crime area, enforcement of traffic offenses and traffic misdemeanors (especially DUI) is a high priority for law enforcement in PV and other surrounding areas.  Other crimes include domestic violence, drug crimes, theft crimes and more.

Criminal cases from the Palos Verdes Peninsula are aggressively prosecuted by the LA County District Attorney's office, and criminal and traffic matters are heard at the Torrance Courthouse located at 825 Maple Avenue, Torrance, CA 90503.  Torrance Courthouse is notoriously tough on crime relative to the rest of LA County.  Even misdemeanor offenders can expect that the DA's office will seek jail time (up to a year for some offenses), and even first time offenders are sometimes sentenced to long terms in California state prison for certain felonies. 

If you or a loved one has been arrested and is facing criminal charges in the South Bay, you need a passionate, aggressive and knowledgeable criminal defense attorney on your side.  There are defenses to every criminal charge and there may be ways for you to avoid the negative consequences often associated with a criminal conviction.  Each case is different, and it is important to discuss your case openly and in detail with your lawyer.  If there are holes in the government's case (we always find some), your attorney can conduct investigation and expose the lack of evidence against you.  Contact the Law Offices of Nicholas Loncar to schedule your free consultation with a Los Angeles Criminal Defense Attorney.

SOME EXAMPLES OF PALOS VERDES CRIMINAL DEFENSE CASES:
1.  Jimmy works in Torrance in lives in Palos Verdes Estates.  One day after work, Jimmy goes to a local bar for happy hour with some co-workers before heading home.  Jimmy has 3 beers (strong IPAs) at the bar, finishing his last beer just minutes before he leaves the bar to drive home.  About a 15 minute drive from home, Jimmy starts driving back.  Jimmy is pulled over for speeding in Palos Verdes Estates, by a police officer on a motorcycle.  Upon approaching Jimmy's window, the officer smells alcohol and asks Jimmy to step out of the car, answer questions and then perform field sobriety tests.  Jimmy does pretty well on the tests and does admit to drinking a few beers at happy hour.  About 45 minutes after being stopped, the officer has Jimmy blow into a Preliminary Alcohol Screening ("PAS") device.  The PAS test yields a BAC reading of .08.  Jimmy is arrested for DUI and transported to the station, where he is again asked to blow into a breathalyzer.  This time, the BAC reading is .10.  Jimmy hires a skilled Los Angeles DUI Lawyer who is familiar with the rising BAC defense.  Although Jimmy tested above the legal limit, these tests indicate that Jimmy could very well have been below the legal limit at the time of driving.  The recent consumption of alcohol meant that the alcohol Jimmy drank had not yet absorbed into his blood, and was therefore not affecting his brain or his ability to safely operate a motor vehicle.

2.  Timmy, a San Pedro resident, was fishing with a friend at Torrance Beach.  On the way back from the beach, they are stopped by LA Sheriff's deputies while passing through the PV Peninsula.  They are stopped because Timmy has dark window tint on his car.  The officer pulls up to the car and claims to smell the odor of marijuana.  The officers search the vehicle and find a bag of methamphetamine under the passenger seat.  Jimmy and his friend are both arrested for possession of a controlled substance (HS 11377).  Timmy hires a skilled LA Criminal Defense Lawyer who is well-versed in Fourth Amendment illegal search and seizure issues.  Timmy's lawyer can argue that the police lacked probable cause for a search, and made up the odor of marijuana in order to justify their search.  Timmy's lawyer can also argue that Timmy did not know about the methamphetamine, and that it could have belonged to the passenger without Timmy having ever seen it.

3.  Kimmy, a Rolling Hills Estates resident, was arrested and convicted of DUI two years ago.  She has since stopped drinking, but recently had surgery and has been prescribed pain medication.  Kimmy is stopped at a checkpoint in Torrance.  When the officers see that Kimmy has a prior DUI arrest and is currently on DUI probation, they immediately have her step out of the car and start to have her perform field sobriety tests.  Kimmy's surgery was to repair a ligament in her leg and she has not completely regained her ability to balance.  Kimmy is asked to blow into a breathalyzer, and blows a .00.  The officers ask Kimmy again if she'd taken any medication and she admits to taking the pain medications prescribed by her doctor.  Kimmy is arrested for DUI with a prior and now must appear at Torrance Courthouse to face misdemeanor charges with mandatory jail time.  She hires a skilled Los Angeles DUI Lawyer who discredits the field sobriety tests, the blood test and argues that Kimmy was not impaired while driving (no pattern of bad driving, because it was a checkpoint).  She is offered a "wet reckless" which does not carry jail time, but opts to take the case to trial anyway, and wins! No fines, no jail time, no loss of license.

Facing criminal charges is scary, aggravating and can have serious consequences.  In addition to jail or prison time, a criminal case could cost you your job/career, a professional license, driver's license, immigration status, gun rights and more.  Work closely with your lawyer to protect the rights and privileges most important to you.  Our firm has handled a wide range of serious criminal cases with fantastic results for clients.  Los Angeles Criminal Defense Attorney Nicholas Loncar has helped clients avoid convictions, jail time, mandatory prison time, deportation, loss of professional licenses, loss of employment and more.  Call now to set up a free consultation with a passionate, aggressive criminal defense attorney who will work tirelessly to get you the outcome you need.

Los Angeles Criminal Defense Attorney Nicholas Loncar is passionate, aggressive and fights hard for his clients.  Stalking and harassment-related offenses and other proceedings can be tricky and the evidence often can support multiple conclusions.  Evidence may be limited to the accusation of a single person, and it takes a skilled attorney to expose the lie or cast doubt as to the credibility. 

CALIFORNIA STALKING LAWS  PC 646.9
PC 646.9 makes it a crime to repeatedly follow, harass or threaten another person to such an extent that the person fears for their safety or the safety of others.  Stalking is a "wobbler" meaning that it may be charged as a misdemeanor of felony.  As a felony, it carries a sentence of up to 5 years in prison.  Some convictions under this section may even require sex offender registration pursuant to PC 290.  Defenses include a right to be merely present, free speech rights, false accusations, and more.  Cyberstalking, including e-mail communication, telephonic communications, social media and other electronic communication is also stalking under PC 646.9, so the "stalking" need not be done in person to be criminal.

CALIFORNIA CRIMINAL THREATS LAW  PC 422
PC 422 makes it a crime to threaten bodily harm against another person.  PC 422 is a wobbler and is punishable as either a felony or a misdemeanor.  As a felony, it is a strike offense and punishable by prison time.  If threats are made on more than one occasion, stalking may be charged along with criminal threats.  Criminal threats is a serious charge, and even as a misdemeanor carries a 10 year weapon ban.

CIVIL HARASSMENT RESTRAINING ORDERS
Not criminal in nature, civil harassment restraining order proceedings may be brought in court.  Generally, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment.  A domestic violence (DV) restraining order may also be issued if a domestic relationship existed.  Violating these or criminal protective orders is a crime on its own.  PC 273.6 makes it a crime to violate a protective order.  PC 273.6 is a wobbler and may be charged as a misdemeanor or felony.  Some factors that may determine whether it will be charged as a misdemeanor include whether it is first or subsequent offense and whether there was any injury to the victim.

ELECTRONIC ANNOYANCE LAW  PC 653M
California law makes it a crime, under PC 653m to make annoying phone calls, send annoying text messages, annoying e-mails and other electronic communication.  Merely being "annoying" is not enough to get a conviction under this section, and only some of Bart's prank phone calls on the Simpsons would qualify as criminal.  In order to be criminal, an annoying phone call must be threatening, or obscene in order to constitute a violation of PC 653M. 

California laws relating to stalking an harassment are more complex than many other criminal offenses.  Being charged criminally, or simply dealing with a restraining order proceeding (civil harassment restraining order or domestic violence restraining order) can all carry serious consequences (including arrest, loss of employment opportunities, loss of gun rights and more).  More information about Restraining Orders. 

If you or a loved one has been arrested or is facing criminal charges, you need a passionate, aggressive and dedicated LA criminal defense lawyer on your side to fight hard for you.  Contact the Law Offices of Nicholas Loncar now for a free consultation 213-375-3775.

Los Angeles Criminal Defense Attorney Nicholas Loncar represents people in California who have been arrested or charged with crimes.  Resisting and evading an arrest are serious crimes in California, and often accompany other criminal charges.  If you or a loved one has been arrested or charged with resisting arrest or evading arrest, it is important to have an attorney on your side who understands how to challenge the underlying arrest, challenge the elements of resisting and/or evading, as well as challenge any searches that reveal incriminating evidence after an unlawful arrest.  Law enforcement agencies in southern California are notorious for violent run-ins with citizens.

VC 2800.1  Misdemeanor Evading a Peace Officer
The California Vehicle Code makes it a crime to willfully attempt to flee from a police officer, while driving a motor vehicle.  The government must prove the specific intent to evade, that the officer was properly uniformed and properly signaled that the defendant was to pull over, in addition to proving that the defendant actually evaded a police officer who was trying to initiate an investigatory detention.  This leaves open many defenses, largely centered upon the government's inability to prove intent (including intoxication).  Evadining under VC 2800.1 is a misdemeanor, punishable by up to one year in county jail.  Additional consequences may include a 30 day impound of the vehicle, as well as loss of commercial driving privileges for one year (a serious consequence for professional drivers who depend on their license).  If you are facing evading charges, consult with a lawyer about how the consequences might affect you and how to best protect your rights and your liberty.

VC 2800.2  Felony Reckless Evading a Peace Officer
If an act of evading a police officer involves a wanton and willful disregard for the safety of people or property, felony evading may be charged under VC 2800.2.  VC 2800.2 would be a likely charge in cases where the defendant drove on the wrong side of the street, on a sidewalk, repeatedly made other vehicle code violations, etc.  VC 2800.2 is a wobbler, punishable as a misdemeanor or felony.  As a felony, it carries a sentence of up to three years in prison.  As a misdemeanor, the maximum sentence is one year in jail.

VC 2800.3  Evading Causing Injury or Death
When an act of evading involves injury to another person or death, the consequences can be more severe.  When an act of evading causes an injury, VC 2800.3 is a "wobbler" and can be charged as a misdemeanor or felony.  As a misdemeanor, a conviction for evading causing injury carries up to a year in county jail.  As a felony, the offense is punishable by up to 7 years in state prison, subject, also to enhancements for great bodily injury (GBI).  Evading causing death is punishable by 10 years in prison. 

PC 148(a)(1)  Resisting Arrest
California's resisting arrest law makes it a crime to willfully resist, delay or otherwise obstruct a law enforcement officer or EMT in the performance of their duties, including, but not limited to arrest.  Resisting arrest is a misdemeanor, punishable by up to 1 year in county jail and a fine of $1000.  Defenses include that the arrest was unlawful, the defendant did not actually resist (the officer is making a false accusation), or that the resisting was justified in self-defense against excessive force.  Often charged alongside other offenses, PC 148(a)(1) is a serious charge and a bad one to have on your record.  A resisting arrest conviction will make any future contact with law enforcement, including confinement in a jail, much less manageable.  Consult with an experienced criminal defenses attorney to discuss your concerns, goals and how to fight the charges against you.

PC 243(b)  Battery on a Peace Officer
Battery on a Peace Officer is often charged when an act of resisting involves the use of force.  Without injury, battery on a peace officer is a misdemeanor, punishable by up to a year in county jail.  If there is great bodily injury (GBI), the crime is punishable by up to 4 years in prison.  Again defenses include unlawful arrest, lack of force (false accusation), and self-defense.  If you have been charged with battery on a peace officer, it might very well be that the officer is lying and that evidence might exists to support your side of the story.  More and more police are getting caught on camera.  In addition to the camera's of us carry around on our cell phones, ATMs, gas stations, convenience stores, fast food restaurants, apartment buildings, and even private residences might have footage that you can use to prove your innocence.  Eyewitness account can be helpful as well.  Consult with an attorney now to discuss how to best attack your case.

PC 69  Obstructing or Resisting Executive Officers
Obstructing or Resisting Executive Officers applies to the use of force, threats or violence to resist or prevent an executive officer in the performance of his/her duties.  The term "executive officer" applies to any government official responsible for enforcing laws and is broader than law enforcement officers.  Obstructing or resisting executive officers is a "wobbler" and is punishable as a misdemeanor or felony.

If you or a loved one has been arrested and is facing charges for resisting or evading arrest, our office can help.  These charges are frequently the result of an unlawful arrest, where officers used more force than was reasonable for the situation or the officers lacked justification to arrest in the first place.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  We can discuss your particular arrest and charges in detail, and give you a better understanding of what to expect in court.  If you want to fight the case against you, our office can get started right away on your defense.

Crimes involving providing false information to the court or to a government agencies are treated very seriously in California.  When such information is provided under oath, the consequences are even more severe.  Despite certain protection like the Fifth Amendment, privileges of information, and immunity from prosecution as part of a negotiation with the prosecution, there are often times that individuals are called to testify in court and must answer questions truthfully despite their desires not to do so.

Perjury, suborning perjury, dissuading/intimidating a witness and obstruction of justice are all illegal in California.  These serious criminal offenses can carry serious consequences including jail or prison time, probation, large fines, as well as serious immigration consequences, difficulties securing employment and problems with professional licenses.

If you or a loved one is facing charges for perjury, dissuading a witness, obstruction of justice, providing false documentation to a government agencies or other similar offenses in Los Angeles, contact the Law Offices of Nicholas Loncar for a Free Consultation with a Criminal Defense Lawyer.

LOS ANGELES PERJURY DEFENSE LAWYER
Penal Code Section 118 makes it a felony in California to deliberately give false information under oath.  Perjury is punishable by up to 4 years in California state prison.  Perjury does not only apply to testimony of witnesses in court, and there are many other situations where a person may be under oath, including testimony at depositions, in a sworn declaration or affidavit, and commonly applying for a driver's license at the DMV.  Defenses include (1) being mistaken about the fact rather than lying, (2) not understanding the question, (3) lying about an immaterial fact, (4) not actually being under oath, (5) threats and duress, and more.  Suborning perjury, PC 127, is also a felony punishable by up to 4 years in prison.  A person is guilty of suborning perjury if they convince someone else to lie under oath, and then that person actually goes on to commit perjury.  Bribery by or of a witness is also a felony pursuant to PC 137.

LOS ANGELES USING FALSE DOCUMENTS TO HIDE CITIZENSHIP STATUS LAWYER
Penal Code Section 114 makes it a felony in California to use false documents to conceal one's citizenship or resident alien status.  PC 114 is punishable by up to 5 years in prison.  Defenses include: lack of intent, misunderstanding, lack of knowledge, and more.  This offense can include having and using fake birth certificates, social security cards, driver's licenses, ID cards and more.  This charge is most commonly encountered with DMV applications for a driver's license.  Now that CA has passed AB60, obtaining a driver's license from the DMV no longer requires proof of legal resident status.  Accordingly, prosecutions under this section will become less frequent, and more likely applied in different scenarios.

LOS ANGELES DISSUADING A WITNESS ATTORNEY
Penal Code Section 136.1 makes is a crime to prevent (or attempt to prevent) a witness to or victim of a crime from reporting the crime or testifying.  PC 136.1 is a "wobbler" and can be charged as a misdemeanor or felony.  As a felony, it is punishable by up to 4 years in prison, and is a strike.  As a misdemeanor, it carries up to a year in county jail and a 10 year firearm ban.  PC 136.1 can lead to greater punishments if the crime involves force/fear, weapons, or was performed for the benefit of a criminal street gang.

LOS ANGELES OBSTRUCTION OF JUSTICE LAWYER
Penal Code Section 132 makes it a crime to provide false written evidence.  It is a felony, punishable by up to 3 years in prison.  PC 134 makes it a felony to prepare false evidence for some type of legal proceeding.  PC 135 makes is a crime to destroy or conceal evidence of a crime.  PC 135 is a misdemeanor, punishable by u to 6 months in jail.  PC 141 makes it a crime to plant evidence.  Civilians who plant evidence are guilty of a misdemeanor, while law enforcement officers who plant evidence are guilty of a felony, punishable by up to 5 years in prison. 

LOS ANGELES PROVIDING FALSE DOCUMENTS TO THE DMV ATTORNEY
Less serious than felony perjury, Vehicle Code 20 makes it unlawful to use a false or fictitious name, or to knowingly make any false statement or knowingly conceal any material fact in any document filed with the Department of Motor Vehicles or the Department of the California Highway Patrol.  VC 20 is a misdemeanor, punishable by up to 6 months in jail.

If you have been arrested or charged with a criminal offense in Los Angeles, you need a dedicated, aggressive and intelligent attorney on your side to fight for you.  You may have strong defenses, as well as other mitigating factors, which, if properly presented, can lead to a better outcome in your LA county criminal case.  Contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.