Sex crimes involving children are among the most serious offenses under both California and Federal law.  The government recognizes a strong sense of obligation to protect children, and lawmakers and voters tend to heavily favor harsher punishments and stricter laws for sex offenses, especially those involving children.

If you or a loved one is facing one of these serious sex crimes charges, it is absolutely imperative that you have a dedicated, intelligent, and experienced criminal defense attorney on your side to contest the charges and assert your rights and defenses.

Lewd or Lascivious Acts with a Child (PC 288)
Lewd or lascivious acts with a child, often called "Child Molestation" involves touching and other lewd acts done for the defendant's sexual gratification.  PC 288(a) is punishable by up to 8 years in prison.  If the crime involved the use of force or violence, there is a maximum penalty of 10 years under this section.  These are extremely serious charges that carry very serious consequences.  Defenses include: false accusations, incorrect recollection, mistaken identity, lack of intent to arouse, etc.

Oral Copulation (PC 288a)
PC 288a is different, but similar to section 288.  PC 288a is felony unless the victim is 16 or older and the defendant is under 21 (in which case it is a wobbler).  If the victim is between the ages of 10 and 14, PC 288a is punishable by up to 8 years.  If the crime involves the use of force or violence, and the victim is under 14, it is punishable by up to 12 years in prison.  Again, defenses include false accusations, incorrect recollection, mistaken identity and lack of intent.

Sending Harmful Matter to a Minor with the Intent to Seduce (PC 288.2)
First offense is a wobbler and can be charged as a misdemeanor or felony.  Second and subsequent offenses will be charged as a felony, punishable by up to 3 years in prison.  Defenses include not knowing that the recipient is a minor, and not acting with the intent to seduce.  Mistaken identity can take a unique turn in these cases because the identity of the sender of such matter ay be a mystery.  The use of cell phones and computers does not always reveal the true sender's identity.  Even if a photograph is taken of the defendant, it could be sent (perhaps even from the defendant's own electronic devices), by someone else. 

Contacting a Minor with Intent to Commit Sexual Offense (PC 288.3)
A common charge in California sting operations.  Detectives have been able to lure adult offenders into meeting who they believe to be a minor.  In reality, it ends up being a detective.  These sting operations can .  Because this is a "caught in the act" type of offense, it is akin to criminal attempt, pursuant to PC 664.  These acts are punishable in the same manner as attempt, relating to the intended acts.  Typically a felony, most of these acts will be subject to a state prison sentence.

Continuous Sexual Abuse of a Child (PC 288.5)
Three more more acts of substantial sexual conduct with a child under 14 is an extremely serious felony offense in California, punishable by up to 16 years in California state prison.  The repeated nature of this offense make it more serious and the law therefore provides harsher punishments.  Repeated abuse is deemed to have a greater effect on victims, and .  While there may be evidentiary issues for the government in trying to prove multiple acts, the accusation alone is enough to convince many juries.


Sexual Acts with a Child 10 or Younger (PC 288.7)
Sexual acts with a child under the age of 10 is a serious felony, punishable by imprisonment in the state prison for 15 or 25 years to life.  One of California's harshest sex offenses, PC 288.7 can lead to life in prison as well as lifetime sex offender registration upon release.  There are defenses, and it is possible to negotiate a lesser sentence. 

Forcible Acts of Sexual Penetration (PC 289)
Forcible acts of sexual penetration of a minor under 18 is punishable by 8 years in prison.  If the victim is under 14, it is punishable by up to 12 years.  This crime is punished more severely than rape due to the age and vulnerability of the victims.  Consent is not a defense, but it may be possible to establish that no force or violence took place, allowing for reduction to a lesser charge, with less serious consequences.

Statutory Rape (PC 261.5)
California's age of consent is 18.  While some other jurisdictions have close-in-age provisions that would permit a 19 and 17 year old, for example, to lawfully engage in sexual intercourse, California does not recognize the ability of a minor (anyone under 18) to consent to sex.  Even two minors are each technically guilty of statutory rape if they engage in seemingly consensual sex.  Statutory rape is a "wobbler" which means that it can be filed as a misdemeanor or as a felony.  The prosecuting attorney will decide whether to file the case as a misdemeanor or felony on the basis of several factors including: the age difference, age of the victim, whether a position of power exists (e.g. student-teacher), the defendant's criminal history and more.  In many jurisdictions the statutory rape laws are strict liability, but Californians charged with statutory rape may assert a defense if they thought the "victim" was under 18 and it was reasonable for them to think that.  This "reasonable mistake of age defense" is not a bright line standard, and can be a difficult defense to win.

Possession of Child Pornography
Possession of child pornography is a frequent Federal criminal charge.  In California, PC 311 makes it a crime to posses pornographic images depicting children.  Possession of child pornography cases have many defenses, including: (1) the material belongs to someone else, (2) the material is not child pornography (for scientific purpose, actually an adult who looks like a child, (3) the defendant accidentally came to possess the child pornography (i.e. by accident).  Additionally, your attorney may be able to suppress evidence found as the result of an unlawful search or argue entrapment by police in cases involving undercover police sting operations.  PC 311 is a "wobbler"  and is punishable by up to 6 years in prison, and lifetime sex offender registry.

Pimping a Minor
Pimping, in itself, is a much more serious crime than most people would probably realize.  Pimping of a minor, however, is treated much more seriously, punishable by up to 8 years in prison.

If you or a loved one is facing serious sex crimes charges, it is vital that you have an aggressive, knowledgeable and experienced criminal defense attorney on your side.  These offenses are aggressively prosecuted and judges and juries tend to lack sympathy, and even lack objectivity in cases involving child sex crimes accusations.  The accusations may be less reliable than for other crimes, but that does not mean that they are taken less seriously.  It takes a knowledgeable and talented lawyer to expose the unreliability of such an accusation as well as to dismantle the case the government has.  Having a powerful negotiator represent you might help you to avoid a felony, prison or PC 290 sex offender registration through careful plea bargaining.

Vehicle thefts are very common in Southern California.  There are many ways that cars are stolen, including illegal towing, hiding a vehicle that is subject to repossession, stealing car keys (e.g. from a valet, gym locker), borrowing a car without permission, stealing a parked car without the key, stealing an occupied vehicle (carjacking).  Vehicles are valuable and often easily stolen and turned over for quick cash.

All vehicle theft crimes are treated seriously in California.  If you or a loved one has been arrested or charged with an auto theft offense, you might see some of the following charges on booking information, or court paperwork:

Los Angeles Grand Theft Auto Lawyer
Grand Theft Auto, pursuant to PC 487(d)(1), occurs when someone takes another person's vehicle with the intent to permanently deprive the rightful owner (or deprive the rightful owner of possession long enough to deny the rightful owner significant value and enjoyment in their own property.  Defenses to grand theft auto include: lack of intent to steal, defendant actually had permission, defendant owned the vehicle, defendant thought they had permission, false accusations, Fourth Amendment challenges to the stop and more.  Grand Theft Auto is a "wobbler" but even first offenses are typically charged as felonies, punishable by up to 3 years in California State Prison.  Penalties are more severe for high-value vehicles and emergency vehicles.

Los Angeles Unauthorized Use of a Vehicle Attorney
Temporarily taking a vehicle that belongs to someone else, without the owner's permission, is a separate offense under VC 10851.  Due to the lack of intent to keep the car (or sell it), "joyriding" is still a serious offense, but prosecuted less harshly than Grand Theft Auto.  Also a wobbler, VC 10851 is often charged as a misdemeanor for a first offense.  A subsequent offense will be a felony, punishable by up to 4 years in state prison.  A first offense, if filed as a felony, is punishable by up to 3 years in prison.

Los Angeles Carjacking Attorney
Carjacking is the taking of a vehicle from the owner's immediate presence accomplished by force or fear.  This is the most serious of California's vehicle theft laws because of the violence or threat of violence involved.  Few things would be more terrifying than being forced from your vehicle, or, perhaps worse, forced to remain in the vehicle as it is driven away by a robber (also kidnapping, pursuant to PC 207).  Due to the severity of the offense, it is punishable by up to 9 years in California State Prison.  It is subject to enhanced penalties if: someone is injured, a firearm is used, the crime is committed for the benefit of a gang, or if the driver or other occupant is kidnapped during the carjacking.  Defenses include: false accusations, mistaken identity, lack of force/fear, Fourth Amendment challenges to the stop, Fifth Amendment (Miranda Rights) challenges to confessions and more.

Los Angeles Receiving Stolen Property Lawyer
Receiving stolen property is very often charged alongside theft offenses.  A defendant cannot be convicted of both receiving stolen property and the principal theft, but prosecutors usually charge both the theft and receiving stolen property in theft cases.  This allows for easier proof of the elements.  If, for example, a driver is pulled over driving a stolen vehicle, the police may have difficulty proving that the driver was the one who committed the theft.  It may, however, be easier to prove that the defendant knew or should have know that the vehcile was stolen (e.g. the condition of the car, ignition, broken windows, made clear that the vehicle was stolen).  Receiving stolen property is a wobbler, punishable by up to 3 years in prison as a felony.

Los Angeles Auto Burglary Lawyer
Entering a vehicle, like entering a structure, with the intent to commit a felony or theft therein is burglary under California law (PC 459).  Entering a garage to take a vehicle would be a burglary, even if the auto theft attempt does not work out.  Auto burglary is a more likely charge if there is no evidence of intent to take the vehicle, but an illegal entry took place.  People might break into a car to steal the car, but might also break into the car to steal valuable contents, car radios, and even change.

Being arrested and facing criminal charges is scary, stressful and can have disastrous effects on your life.  An auto theft offense is likely to be a crime involving moral turpitude for immigration reasons and may affect professional licensure, employment and more.  If you or a loved one has been arrested or charged with Grand Theft Auto, Carjacking, Joyriding, Receiving Stolen Property, Auto Burglary or any other criminal offense in Los Angeles, contact the Law Offices of Nicholas Loncar for a Free Consultation.  We can discuss your specific case in detail, evaluate the strength of the government's case, your defenses and start to create a defense strategy to achieve the best possible result in your case.

Conspiracy is committed when there is (1) an agreement by two or more people to commit a crime AND (2) an overt act toward actually carrying out that crime.  Conspiracy is a separate offense from the crime committed or planned by the co-conspirators.  Though often only charged for more serious offenses, and more common at the Federal than state level, California Penal Code Section 182(a)(1) authorizes punishment for conspiracy to commit any crime (emphasis added).

Conspiracy is a felony, and a serious offense, punishable by a state prison term equal to the term of the principal crime involved in the conspiracy.  Accordingly, conspiracy to commit robbery is punishable by up to seven years in prison, like PC 211 proscribes for Robbery.  If there is one conspiracy to commit multiple crimes, the conspiracy is punishable by the more serious planned crime.  A person can also be guilty of separate conspiracies with the same co-conspirators.

What makes conspiracy unique is that a foiled attempt to commit a crime can still be charged.  Even if there was no direct step towards committing the crime, an overt act can involve less behavior. 

Being arrested and charged with any crime is scary, stressful and can ruin your life.  A felony conviction can make employment nearly impossible, lead to immigration consequences, affect professional licensing, and more.  If you or a loved one has been charged with conspiracy, it is important to have great representation on your side.  Your criminal defense attorney can assert your defenses, argue for your rights and negotiate for a better outcome with the prosecutor.

Some defenses to conspiracy charges include:
1.  Withdrawal - a member of a conspiracy can leave the conspiracy by getting out before an overt act toward carrying out the crime.
2.  Fifth Amendment Challenge - if evidence of the conspiracy was the result of un-Mirandized custodial interrogation, it may be possible to exclude the statements from trial.
3.  Mistake of Law - if the defendant does not know that the agreement was to commit a crime (because they did not know that the act was illegal), there is no conspiracy.
4.  False Accusation - perhaps a co-defendant or other "witness" will lie and incriminate someone else.  This might be to achieve lesser punishment for themselves or to get back at the accused for something else.
5.  No Agreement - an offer to engage in a conspiracy is merely solicitation.  Only if the offer is accepted and two or more people agree is there a criminal conspiracy.
6.  No Overt Act - merely agreeing to engage in a criminal act

Examples of cases where conspiracy might be charged include:
1.  Bill and Tim agree to rob a liquor store together.  The two men are sitting in Tim's living room, planning the event, when Tim decides he does not want to go through with it.  Bill convinces Tim to let him borrow Tim's car, but Tim does not go along with the plan.  Because Tim withdrew from the conspiracy to commit robbery, he may have a defense against conspiracy.  He may, however, be guilty of California's aiding and abetting laws.

2.  Gerald is arrested after being caught driving on the 5 Freeway from San Diego to Los Angeles.  He is caught with a kilo of cocaine in his trunk.  In an effort to get a lighter sentence, Gerald says that the cocaine actually belongs to Fred.  Gerald tells the police that he and Fred agreed to buy the kilo and sell it in Los Angeles, splitting the profits.  The officers questioned Gerald while he was handcuffed, but before his Miranda rights were read to him.  This means that the evidence implicating Fred (whether the accusation is true or false)

3.  Malcolm tells his girlfriend, Jen, that he bought the contents of a storage unit at auction.  Jen agrees to go to the unit with Malcolm to see what they want to bring home and what they want to sell.  It turns out, Malcolm did not have a right to access the storage unit, but actually stole the key to the padlock from someone else.  Although Jen agreed to go with Malcolm to take property that does not belong to them, there is no conspiracy because Jen is not aware that they are committing a crime.

Conspiracy charges can have serious consequences, but do not have to.  There are defenses, and having a passionate, aggressive and experienced criminal defense attorney on your side is key.  If you or a loved one is facing these serious charges, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.

Attempted murder is among the most serious crimes someone can be charged with, and carries some of the most severe consequences one can face in a California criminal case.  This article will explain the elements of the offense, the possible consequences of a conviction, possible defenses, as well as examples of when an attempted murder charge might arise.  This article is not legal advice, and it is recommended that you discuss your case, especially one of such severity, with an attorney.  Many criminal defense attorneys in Los Angeles offer Free Consultations, myself included.

If you or a loved one has been arrested and/or charged with attempted murder, a different homicide offense or another violent crime, contact the Law Offices of Nicholas Loncar for a Free Consultation about your case.  We can discuss your case in detail, evaluating the strength of the government's case against you, as well evaluating any defenses you might have to fight your serious felony charges.

ATTEMPTED MURDER ELEMENTS
A person may be proven guilty of attempted murder, pursuant to Penal Code Sections 187 (Murder) and 664 (Attempt), if the government can prove two separate elements beyond a reasonable doubt.  Those to elements are:

1.  The defendant to a DIRECT STEP toward committing a murder
2.  The defendant intended to kill a person

Proving these two elements can be difficult especially when the government has a viable defense attorney opponent protecting the rights of the defendant. 

RELATED OFFENSES
Similar, even identical, factual scenarios can give rise to different charges.  Attempted murder can become murder if a victim later dies from injuries sustained during an attack.  Conversely, the prosecuting agency may feel that they lack evidence of intent to kill and charge aggravated assault instead.  Assault with a deadly weapon and assault with force likely to produce great bodily injury (GBI) are two charges, found in Penal Code 245(a), that have some overlap with attempted murder.  Simply because a weapon or the force used in an attack has the potential to kill does not mean that attempted murder is the correct charge. 

MOST COMMON DEFENSES
1.  Self-Defense/Defense of Others - Use of lethal force can be lawful and legitimate if there was an
2.  Lack of Intent to Kill - the prosecution must show an intent to kill, not just an intent to injure or intend to harm.
3.  Lack of a DIRECT STEP - Planning to kill someone, or conspiring to kill someone are not enough for
4.  Mistaken Identification - the #1 reason people are wrongfully convicted.  Eyewitness testimony is much less reliable than people think. 
5.  False accusations - a "victim" might be lying, or have misinterpreted an accident as a violent act (for example, poisoning)

EXAMPLES OF ATTEMPTED MURDER CHARGES
1.  Rick, an experienced boxer, gets into a bar fight and seriously injures his opponent.  The victim is nearly dead and finds himself in the hospital in critical condition.  Rick is arrested and the officers book him for Attempted Murder.  The officers here made an error in judgement.  Despite Rick's abilities, and the victim's injuries, there is not enough evidence of intent to kill to justify an attempted murder charge.  These charges should be reduced to aggravated assault, and may be subject to California's self-defense law.

2.  Mike and Paul are gang-members seeking to enforce their boundaries against encroachers from a neighboring neighborhood.  They have machine guns and plan to ride by on their motorcycles and open fire on the group.  Paul changes his mind and says he will not go through with the plan just as they are about to head over.  Mike rides down the street and opens fire with the machine guns, shooting two guys in the leg.  Mike rides back down towards Paul and they are both cornered by LAPD officers.  Mike and Paul are both arrested and charged with attempted murder.  The charges are incorrect because Paul withdrew before committing a direct step to complete the attempted murder.  Mike did not intend to kill, aiming for his victims' legs.

3.  Jared is arrested because he fits the description of a convenience store armed robbery/shooting suspect.  The suspect shot the store clerk in the chest, and the clerk was transported to a hospital, where he survives.  Jared was handcuffed outside when the police brought a witness (a customer in the store at the time of the shooting) by to identify him.  The witness positively IDs Jared.  Jared's attorney should argue that the identification was "suggestive" because he was in police custody.  Additionally, the fact that Jared was identified as the perpetrator while being the only option (as opposed to being picked out of a line-up or photo six-pack), makes the identification less reliable, and that is the only evidence tying Jared to the crime, who did not have a gun on him when arrested.

PENALTIES FOR ATTEMPTED MURDER IN CALIFORNIA
Attempted murder is a felony in California.  Like Murder (PC 187), Attempted murder is broken down into two categories: first-degree attempted murder and second-degree attempted murder.  First degree (premeditated) attempted murder is punishable by life in prison.  Second-degree attempted murder is punishable by up to nine years in prison.

Being arrested or charged with a crime is scary, stressful and can completely ruin your life.  When those charges are as serious as attempted murder, those negative feelings and consequences become amplified.  If you or a loved one is facing these serious charges, you need a passionate, aggressive attorney on your side, fighting for you, asserting any defenses you may have and working tirelessly to get the best possible outcome.  In this important time, you'll want to consult with a few attorneys, get an idea of their experience in the field, their ability, their familiarity with the courthouse, judges and prosecutors involved in your case, and of course you need to find an attorney that you trust and have confidence in.  I invite you to contact my office for a Free Consultation to discuss your case and to see how our office might be able to help you through this terrible situation.

California Penal Code 1018 gives defendants the right to withdraw their guilty or no contest plea upon a showing of good cause.  It is a difficult process, especially as more time passes from the date of the entry of the plea.  Generally, a defendant may withdraw their plea before judgement is entered (sentencing is quite often set for a time after the entry of the plea).  If the defendant is placed on probation, there is more time.  The law allows for a withdrawal of plea within 6 months of a grant of probation, but sometimes such a motion is granted later.  Our office has handled plea withdrawal cases that are nearly 20 years old.

EXAMPLE OF A LOS ANGELES PLEA WITHDRAWAL SUCCESS STORY (REAL CASE):
People v. J.P., a 1998 felony perjury case.  Defendant was facing complications in immigration proceedings due to an old plea deal, that left him ineligible for citizenship.  Upon filing of a 10 page motion by the defense, two court dates, and discussions with the judge and DA's office, Defendant was permitted to withdraw his 18 year old guilty plea, enter an immigration-safe plea in its place and was able to continue on the path to citizenship.  He will now be able to stay in the US with his wife and children.  Due to the age of that plea, it is very difficult to get this to happen.  It is a long shot, but when you absolutely need a different outcome, it is worth a shot.

The law requires a showing of "good cause" in order to permit a defendant to withdraw a plea.  Some of the grounds that have been recognized as good case include: (1) not being represented by an attorney at the time of plea, (2) being represented by an incompetent attorney at the time of the plea, (3) not understanding the consequences of a plea (including immigration consequences), (4) not understanding the terms or implications of the plea, (5) the plea was not free and voluntary due to threats, lies and the like.

If you have entered into a plea deal that you did not understand, or if the consequences have turned out to be different than you understood them, you may be eligible to withdraw your plea.  Your lawyer will file a motion with the court and set a hearing on the issues.  At the hearing, your motion may be granted or denied.  If granted, the case will resume with a not guilty plea.  For this reason, it is important to discuss the alternate possibilities with your attorney, and may be wise to try to work out a disposition with the prosecuting attorney.

If you or a loved one has entered into an unfavorable plea bargain unknowingly, accidentally or without a complete understanding of the terms, consequences and the waivers of constitutional rights, you need to consult with a skilled, experienced criminal defense attorney right away.  Our office has a track record of success in these cases and may be able to help you set things straight in your case.  Withdrawing a plea is a tricky process and only applies in some contexts.  Additionally, you should be aware that the outcome might not necessarily get better if a plea is withdrawn.  Often, the original plea deal that was available will be taken off the table once the plea is withdrawn.  For this reason, it is important to discuss your case in detail with an experienced, aggressive and knowledgeable criminal defense lawyer.

There are several ways that your lawyer can help you to avoid a conviction.  Getting a weak case dismissed, winning a case at trial, or even convincing the prosecuting attorney to never file charges, are all important parts of criminal defense work.  This is why you need a lawyer who can keenly assess your case and devise the best strategy to keep your record clean.  When there is ample evidence of guilt, but other mitigating factors exist (most commonly, being afirst time offender), diversion is a good option.  A diversion program not only helps defendants in criminal cases to avoid jail time, but also allows defendants to avoid a conviction, keeping their records clean.  If you are facing criminal charges, and want to do everything you can to avoid a harmful conviction, contact the Law Offices of Nicholas Loncar for a free consultation.  We can go through the different diversion procedures, as well as dig into the defenses you might have in your case.

LA COUNTY PILOT DIVERSION PROGRAM
LA County's jail overcrowding has led many efforts to keep the jail population down, and keep less serious offenders out of custody.  In 2015, AB 2124 passed (codified as PC 1001.94) allowing for judicial discretion in certain cases, using formal pre-trial diversion.  Previously, for diversion to be granted in most cases, it was necessary for the prosecution to grant it.  Now, at least in Los Angeles, if the prosecution is unwilling to give a defendant a break, the judge can still grant it.  Judges generally lack the authority to dismiss charges from a complaint; this law gives them additional discretion and your lawyer can use the new law to your advantage.  Diversion has existed in California for some time for first time drug possession offenses (discussed below).  The program is now available to more people in LA, but getting diversion granted takes familiarity with the law and court procedures.  Consult with a Los Angeles Criminal Defense Attorney now.
UPDATE:  The pilot period for this diversion program ended, and it was passed permanently under PC 1001.95.  Judges may now, even over an objection from the prosecutor, grant a period of diversion.  More about Judicial Diversion

LOS ANGELES INFORMAL DIVERSION
Even better than formal diversion, informal diversion requires effective negotiation with the prosecuting attorney, getting them to agree to either (1) hold off on filing a matter or (2) dismiss a matter without any admission of guilt at any stage.  This has unique benefits for certain processes like immigration, professional licensing and employment.  If you have been arrested, or charged with a crime and must avoid a conviction, you need a passionate, courageous defense attorney to get into court and argue and negotiate on your behalf.  Informal diversion is not easy to get, but the results are often the best possible outcome for criminal defendants.

LOS ANGELES DRUG DIVERSION
As I touched on above, drug diversion has been available in California for years.  Pursuant to PC 1000, first time drug possession offenders are eligible to participate in a drug treatment program, then have their case dismissed after 18 months.  While on the program, defendants' cases remain open, and they must avoid any new criminal charges during that period.  It is also important to complete the drug treatment program, which requires weekly attendance.  Prior to the passage of California's Prop 47, many drug possession offenses, even for personal use, were felonies.  With the passage of Prop 47, drug possession offenses are misdemeanors, but avoiding the conviction with PC 1000 is a huge advantage.  Prop 36 is another drug program to help defendants charged with possession offenses avoid jail time.  Unfortunately, Prop 36 drug treatment does not result in a dismissal.

UPDATE:  MENTAL HEALTH DIVERSION
Since the original writing of this article, the legislature has passed a mental health diversion law, permitting many criminal defendants whose crimes are related to a mental illness to avoid a conviction by participating in a treatment program.  Similar to drug diversion, a person can avoid a conviction in exchange for cooperation with treatment.  More on Mental Health Diversion

A criminal conviction can have very serious consequences, making it difficult to find a job, become a citizen, get into educational institutions, and obtain professional licensing.  If you or a loved one has been arrested or faces criminal charges, there are ways to avoid the negative consequences.  Call the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Lawyer.  213-375-3775.

Pacoima is a neighborhood in the northern portion of Los Angeles' San Fernando Valley.  Nearby Sylmar, San Fernando, Mission Hills, Arleta, Sun Valley, Lake View Terrace, Tujunga, Panorama City, North Hills and Santa Clarita, Pacoima has a population of over 80,000 people.  Pacoima has higher crime rates than average for LA and higher for the San Fernando Valley.  Pacoima has a large number of gangs, and crimes vary from drug crimes to violent crimes and homicide.

In addition to the gang-related crimes, everyday citizens find themselves in legal trouble in Pacoima, as well.  Arrests for driving without a license/diving on a suspended license, driving under the influence (DUI) and domestic violence are common as well.  Throughout LA County, enforcing these laws has become a priority because of the sheer volume that law enforcement can achieve.  These cases are serious in that they are criminal offenses, but because they are so common, police and prosecutors have used these offenses to build revenue for the county.  Fines are very high, and these offenses carry the possibility of jail time, long terms of probation, as well as effects on your driver's license or immigration status.

Pacoima is policed by the LAPD, Foothill and Mission Divisions, and criminal cases are aggressively prosecuted in the San Fernando Courthouse.  The California Highway Patrol has jurisdiction over the 118 and 5 freeways bordering the neighborhood. 

Being arrested and facing criminal charges is scary and stressful.  You have questions, concerns and are probably very concerned about going to jail, your future and your criminal record.  If you or a loved one is facing criminal charges in Los Angeles, Pacoima, San Fernando, Van Nuys, North Hollywood, Studio City, Burbank or anywhere else in Southern California, our office can fight for you and assert your rights and defenses.

Some Examples of Criminal Defense Cases in Pacoima:
1.  LAPD is operating a checkpoint on Van Nuys Boulevard in Pacoima.  Their goal: to arrest as many people as they can for DUI, driving without a license and any other crime they happen to observe.  Justin is driving near the checkpoint, with several of his friends as passengers.  Half a block before the checkpoint, Justin makes a legal turn, but is followed by an officer.  After the next stop sign, Justin gets pulled over.  The officer approaches the car and smells the odor of marijuana.  Justin is asked to show his driver's license, which is suspended.  One of Justin's passenger's, Martin, is on probation for a drug charge, and has an unlicensed gun on his ankle.  The officer searches Justin and Martin, and places them both under arrest.  Justin is arrested for DUI (marijuana) and driving on a suspended license.  Martin is arrested for a probation violation and being a felon in possession of a firearm.  Justin and Martin each hire criminal defense attorneys who file motions to suppress the evidence based on the stops.  If the motions are granted, both cases will be dismissed, even though Justin is facing jail time and Martin could go to prison.

2.  Joshua is involved in a traffic collision in Pacoima.  He was stopped in the left turn lane, and got rear-ended by another driver.  Joshua had been drinking beer with friends earlier that day, and does not have a driver's license.  Joshua has a prior DUI and two prior driving on a suspended license convictions.  Although he was not responsible for the accident, Joshua just drives away and goes home.  At home, he continues to drink more beer.  Police arrive at his house and he is arrested for DUI, driving on a suspended license, and hit and run.  Due to his priors, Joshua is facing mandatory jail time and up to a year in county jail.  He hires a Los Angeles Criminal Defense Lawyer to help him.  The lawyer immediately sees the weaknesses in the case.  Joshua did not admit to driving the vehicle, was not responsible for the accident, and there was no positive witness ID.  The attorney sets the case for trial.  If Joshua wins, or if the prosecutor drops the case, there will be no conviction, no jail time, and no piling on of points on Joshua's license (6 points for those three offenses).

3.  Mary has been convicted of petty theft several times.  She has one prior that was charged as a burglary, and she is currently on felony probation for that charge.  Mary has not been checking in with probation and picks up a new drug case for possession of methamphetamine.  Mary hires an LA criminal defense lawyer, who recognizes that her felony probation is for a case that is now a misdemeanor under a new change in the law (Prop 47).  What this means is that Mary cannot be sent to prison for her violation.  It turns out Mary is eligible for a drug treatment program in lieu of jail time, as well.  Mary is able to enroll in the drug treatment program, her felony prior has been reduced to a misdemeanor and her probation in that case was terminated.  If she successfully completes the drug program, she will avoid any time in custody, and is now no longer a felon, making it easier to find a job.

There are many advantages to having a dedicated criminal defense attorney on your side.  In addition to peace of mind that someone is carefully handling your case, your lawyer can do a lot of things to get you a better outcome and help you avoid some or all of the negative consequences associated with certain convictions.  Whether through motions (e.g. motion to suppress evidence, motion to dismiss), negotiation or trial, your lawyer will assert your rights and fight for you to have a better experience in this brush with the law.  Whether you are a first time offender who really needs to keep their record clean, or a convicted felon trying to avoid prison, our office can help.  Call now for a free consultation with a Los Angeles Criminal Defense Lawyer.  213-375-3775.

SAN FERNANDO VALLEY OFFICE:  818-646-8788

Whittier, California is a town in Southeastern Los Angeles County, near the border with Orange County.  Neighboring communities include:  Norwalk, Downey, Pico Rivera, Montebello, El Monte, Hacienda Heights, West Covina, La Puente, Rowland Heights, La Habra, Fullerton, Buena Park, Cerritos and Bellflower.  According to the City of Whittier's website, there are roughly 85,000 residents in the suburban community.  Whittier is a moderately diverse community, with a Hispanic/Latino majority. 

There used to be a Whittier Courthouse, but the building closed in 2013.  Criminal cases from Whittier are now heard at the Downey, Norwalk and Bellflower Courthouses.  In 2004, the Fred C. Nelles Youth Correctional Facility in Whittier closed its doors as well.  Whittier has its own police department, but does not handle its own criminal prosecutions.  If you have been arrested or charged with a crime in Whittier, your alleged crime will be aggressively prosecuted in LA Superior Court by the LA District Attorney's office. 

Whittier is a fairly safe community, but criminal offenses, arrests, and criminal charges are fairly frequent.  The most common offenses include: DRUG CRIMES, DUI, DUI CAUSING INJURY, DUI W/ PRIOR, FELONY DUI, VIOLENT CRIMES, THEFT CRIMES, PROSTITUTION/SOLICITATION, WEAPONS OFFENSES, SEX CRIMES, HOMICIDE, DOMESTIC VIOLENCE,JUVENILE OFFENSES, PROBATION VIOLATIONS and more.  If you or a loved one has been arrested or charged with a crime in Whittier (or anywhere else in LA County for that matter), it is important that you have experienced, passionate representation.  Let our office fight for your rights now.  Call 213-375-3775 for a Free Consultation with a Los Angeles Criminal Defense Attorney.  We can go through the events leading up to your arrest or charges, the defenses you may have, and what to expect in court.

HERE ARE SOME EXAMPLES OF ARRESTS AND CRIMINAL CHARGES YOU MIGHT FACE IN WHITTIER:
1.  John, a Whittier resident was convicted of DUI two years ago.  He had a license at the time, but has not yet completed the alcohol class needed to restore his driving privilege.  One evening, John is pulled over by Whittier Police.  John has not been drinking, but refuses a breathalyzer on the scene and at the station.  John is arrested for driving on a suspended license and a possible violation of probation.  In court, John is facing a new charge of VC 14601.2 (driving while privilege is suspended for DUI) as well as violations of probation for (1) driving without a valid license, and (2) refusing to submit to a chemical test as ordered by a peace officer, both conditions of his probation.  John faces mandatory jail time in court, and faces a one year license suspension from the DMV for a refusal.  John's lawyer sets up a DMV hearing to challenge the refusal, arguing that the officer did not properly advise John of his obligation to provide a sample, and also that the officer did not have reasonable suspicion to stop John.  In court, John's lawyer makes the same argument, and files a motion to suppress the evidence due to a bad traffic stop.  The video footage from the patrol vehicle's dash cam shows good driving, and does not appear to offer a real justification for the stop.  If the judge agrees, the case could be thrown out.  If the motion is denied, John's lawyer will have to help John get his license back and work out a deal for a lesser charge and no jail time.

2.  Nadia is shopping at Target in Whittier, when she is approached by store loss prevention officers (store security).  The LPOs accuse Nadia of taking several cosmetics items and concealing them in her purse.  She is brought to a back room, where the officers recover approximately $60 worth of merchandise from Nadia's purse.  The LPOs call the police, who come and cite Nadia for petty theft.  She is not arrested, but is given a date to appear in Court.  Nadia hires a Los Angeles criminal defense lawyer to represent her on the matter.  Nadia's lawyer is able to persuade the court to allow Nadia to perform some community service in exchange for a dismissal of her case.  No guilty plea is ever entered and she will have no criminal conviction.

3.  Nate is a frequent user of methamphetamine with several arrests on his record for possession and theft offenses.  Several of his priors were treated as felonies, but now qualify for a reduction to a misdemeanor pursuant to Prop 47.  Nate is arrested for possession of methamphetamine for sale, and is brought before a judge, where he is charged with HS 11378.  This charge makes him ineligible for diversion, a misdemeanor, or a Prop 36 drug program.  Additionally, he faces up to three years in Prison.  Nate hires an experienced criminal defense attorney to handle to case.  Nate's lawyer will: (1) challenge the search that led to discovery of the drugs, (2) challenge whether there is any evidence of an intent to sell, (3) argue that any drugs were for personal use, and (4) get all eligible prior felonies reduced to misdemeanors. 

Being arrested and facing criminal charges can be the most stressful time in your life.  A criminal conviction can ruin everything you have worked so hard to accomplish, and could affect your job, license, school, and even liberty and immigration status.  If you have been arrested or charged with a crime, we know how to best protect you from those possible consequences and have a great track record of helping people charged with a broad range of offenses achieve tremendous results.  You need a lawyer who will really fight for you, asserting your rights and defenses and working hard to get you results.

CALL NOW FOR A FREE CONSULTATION 213-375-3775

Hawthorne, California is located in Los Angeles' South Bay region in the southwest portion of the county.  Hawthorne has approximately 85,000 residents, with a great deal of racial and socio-economic diversity.  Nearby Inglewood, Lawndale, El Segundo, Gardena and LAX, Hawthorne is easily accessible to the rest of LA via the 405 and 105 freeways.  

Hawthorne has its own police department, Hawthorne PD, and its own misdemeanor prosecutor, the Hawthorne City Attorney.  Misdemeanor cases (such as most DUIs, drug possession, petty theft, many domestic violence cases, etc.) are heard at the Inglewood Courthouse.  Felony cases (like drug sales, homicide, most sex offenses, etc.) on the other hand are heard at the Airport Courthouse and are prosecuted by the LA County District Attorney's Office.

With the freeways passing through Hawthorne and the proximity to the South Bay beach cities and their nightlife, DUI cases are particularly common in Hawthorne.  Both Hawthorne PD and the California Highway Patrol aggressively patrol the area and set up DUI check points and saturation points to crack down on drunk driving.  Additionally, drug crimes, domestic violence and driving on a suspended license are common as well.

Los Angeles Criminal Defense Attorney and DUI Lawyer Nicholas Loncar has helped clients charged with crimes, ranging from DUI and petty theft, drug possession, all the way up to narcotics trafficking, homicide, rape and assault with a deadly weapon.  If you have been arrested or charged with a crime in Hawthorne, Inglewood, Los Angeles, Gardena, Torrance, Hermosa Beach, Redondo Beach, Manhattan Beach or anywhere else in Southern California, contact the Law Offices of Nicholas Loncar for a free consultation with a passionate, aggressive and experienced criminal defense lawyer.

Being arrested and charged with a crime is scary and can carry serious consequences, including jail or prison time, high fines, probation, as well as serious consequences for immigration, employment and professional licensing.  If you are facing criminal charges, you do not have to do so alone.  Your lawyer needs to be knowledgeable, experienced and committed to achieving the best possible outcome for you.  An arrest or criminal charges do not have to mean a conviction.  In addition to winning your case at trial, it may be possible to get the case dismissed or evidence thrown out or to negotiate for a better outcome with the prosecution.  Achieving the best possible outcome in your LA criminal case takes a strong grasp of California criminal law, a persuasive presence and strong negotiation skills.  Call now to see how our office can help you in your case.

With a free consultation, over the phone or in person, we can discuss the details of your case, the possible and likely consequences, and the defenses you might be able to assert to get the best possible outcome.  It is also important for your lawyer to have a clear understanding of what your goals and most important considerations are.  If you are facing criminal charges or might be under investigation for a crime, do not hesitate.  
Call now for a free consultation.  213-375-3775.

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

IF YOU HAVE BEEN ARRESTED OR CHARGED WITH A CRIME IN LOS ANGELES, YOU FACE HARSH PROSECUTION AND THE POSSIBILITY OF JAIL TIME, PRISON TIME, PROBATION, A PERMANENT CRIMINAL RECORD, IMMIGRATION CONSEQUENCES, DENIAL OF RIGHTS, LOSS OF EMPLOYMENT AND MUCH MORE.  HIRE THE BEST LOS ANGELES CRIMINAL DEFENSE ATTORNEY YOU CAN TO DEFEND YOU AND FIGHT FOR YOUR RIGHTS.  CALL THE LAW OFFICES OF NICHOLAS LONCAR FOR A FREE CONSULTATION 213-375-3775.

ATTORNEY BIO W/ TESTIMONIALS & ENDORSEMENTS | ATTORNEY BLOG: CRIMINAL DEFENSE

Chatsworth is a neighborhood in the Northwest San Fernando Valley region of Los Angeles California.  Nearby Canoga Park, West Hills, Woodland Hills, Northridge, San Fernando, Winnetka, Porter Ranch, and North Hills, Chatsworth has approximately 40,000 people living in Chatsworth.  The North San Fernando Valley neighborhood has low population density and higher than average income for Los Angeles. 

Crime rates in Chatsworth are lower than many other regions of Los Angeles.  The lower level of crime allows law enforcement more time and resources to devote to DUI enforcement.  In addition to DUI, domestic violence, theft cases and drug crimes are not uncommon.  Chatsworth is a safe community, and violent crimes and gang crimes are not common, but do occur.

Criminal matters in Chatsworth proceed to the San Fernando Courthouse in nearby San Fernando. LAPD provides law enforcement services for Chatsworth with the California Highway Patrol policing the 118 and 27 freeways.  Chatsworth is also home to the Chatsworth Courthouse which hears traffic matters.

If you or a loved one have been arrested, charged with a crime or may be under investigation by law enforcement, contact the Law Offices of Nicholas Loncar for a free consultation with a passionate, aggressive and knowledgeable criminal defense attorney in Los Angeles.  If you have been arrested in Chatsworth, San Fernando, Northridge, North Hills, Mission Hills, Woodland Hills, Canoga Park, Tarzana, Porter Ranch, Winnetka, or anywhere else in the San Fernando Valley or Los Angeles, contact a Los Angeles Criminal Defense Attorney now to see what can be done to protect you from criminal charges.  If you must appear at the Van Nuys Courthouse or San Fernando Courthouse, do so with an attorney who has experience dealing with those courts and understands the procedures that can help you get a better outcome in your case.

EXAMPLE OF A CHATSWORTH CRIMINAL DEFENSE CASE:
Brian, a 21 year old Cal State Northridge student is on break from school while his parents are on vacation in Mexico.  He has a party and invites some of his friends from high school and friends from college to attend.  Underage drinking and drug use ensue.  Next, Brian gets into a fight with one of his party guests, breaking his nose and then kicking him out of the house.  The now beaten up guest calls the police and reports Brian for the attack.

Police respond and walk into the back yard, where some of Brian's friends are playing beer pong.  Brian is inside the kitchen and comes outside to confront the officers.  A few people scatter, and a few others are cited by the officers for alcohol-related offenses.  The officers want to speak to Brian about the fight.  Brian denies being involved in a fight and goes inside.  The officers follow him in through an open door and place him under arrest.  In the kitchen the officers also find cocaine and marijuana concentrate.

Brian's parents bail him out of jail the next day, and he is given a court date to appear in San Fernando Courthouse on misdemeanor charges of Battery (PC 242) and Possession of a Controlled Substance (HS 11350).  Brian is not charged with, but could have been, possession of concentrated cannabis (HS 11357) and crimes involving providing alcohol to minors.

Brian hires a Los Angeles Criminal Defense to represent him in the criminal case.  Due to Brian's lack of record and persuasive argument from Brian's attorney, Brian is permitted to do a one year diversion program, at which time, if Brian completes 100 hours of community service and picks up no new cases, his case will be dismissed.

Being arrested or facing a judge in court can be intimidating, scary and extremely stressful.  Not knowing what might happen and how you life will be affected is terrifying.  Start with a free consultation with a Los Angeles Criminal Defense Attorney, to better understand the best and worst possible outcome, the strength of any defenses you have available, and hear how the Law Offices of Nicholas Loncar help people just like you through some of the most difficult moments in their lives.  Whether aggressively fighting the charges with motions or at trial, or negotiating with the prosecutor to work out a plea deal and crafting a sentence you can live with, your lawyer should be working hard to get the best possible outcome.  Our office is conveniently located on Ventura Boulevard in Studio City, nearby Hollywood, Sherman Oaks, Van Nuys, and the rest of the San Fernando Valley.

SAN FERNANDO VALLEY OFFICE:   818-646-8788