PALMDALE CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
Palmdale, CA is a city in Northern Los Angeles County's Antelope Valley.  Along with nearby Lancaster, Palmdale is separated from Los Angeles by the San Gabriel Mountain Range.  A desert region, the Antelope Valley is hot and dry in the summer and colder than LA in winter.  Palmdale has just over 150,000 residents, making it the sixth largest city in LA County.  Palmdale (and Lancaster) are connected to Los Angeles by the 14 Freeway.

The Los Angeles County Sheriff's Department provides law enforcement services in Palmdale with the Palmdale Station, the largest sheriff's station in LA County (and the LASD is the largest sheriff's department in the nation).  The California Highway Patrol aggressively patrols the 14 Freeway, citing drivers for traffic violations, DUI, drug crimes and more.  Criminal and traffic matters stemming from incidents in Palmdale proceed to the Antelope Valley Courthouse, located in nearby Lancaster, CA.  The Lancaster courthouse sees a wide variety of cases, ranging from simple traffic matters to homicide and other serious felonies.  DUI and Domestic Violence cases are prosecuted very harshly by the Los Angeles District Attorney's Office.  In addition to DUI and Domestic Violence, drug crimes (sales, transportation and possession), vandalism, theft crimes (petty theft, burglary, robbery), violent crimes (assault, murder, assault with a deadly weapon, etc.), sex crimes (rape, statutory rape, sexual battery, child molestation, child pornography), gang offenses, strike offenses, and more.

If you have been arrested or charged with a crime in Palmdale, Lancaster, Santa Clarita or anywhere in Los Angeles, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Lawyer.  Arrests and charges do not have to mean a criminal conviction.  You might have strong defenses, constitutional rights and the case against you might not be strong enough to get a conviction at trial.  We can discuss the facts of your case and evaluate the evidence and defenses you have.  A good LA defense attorney will carefully explain the process and all possible and likely outcomes, as well as a detailed explanation of how your case can be handled to produce the best possible result for you.

EXAMPLE OF A PALMDALE CRIMINAL CASE:
Jeff, a Palmdale resident is driving home from Los Angeles on the SR-14 Freeway.  Jeff has two pounds of marijuana and two ounces of "wax", a marijuana concentrate in his trunk.  Jeff is not a medical marijuana patient, and is being extra careful not to break any traffic laws.  He has his cruise control set to 68 MPH and is careful to maintain his lane and keep a safe distance from other cars.  At some point, Jeff's car, a recent model BMW draws the attention of a CHP officer.  The officer follows Jeff for approximately two miles before activating his lights to pull Jeff over.

Upon walking up to Jeff's window, the officer asks Jeff if he knows why he is being pulled over.  Jeff replies "beats me" and denies any traffic or criminal violation.  The officer asks Jeff if he has anything illegal in the car and asks Jeff if he can search the car.  Wisely, Jeff refuses the search.  The officer sees a moderate sum of cash (approximately $800-$900) sitting on Jeff's passenger side seat.  The officer asks Jeff about the money, and Jeff said that the money is for his half of the rent at his apartment.  Still suspicious, the officer calls the CHP station to have a K-9 unit brought to the scene to sniff the car for contraband.

After 35-40 minutes, the K-9 unit arrives and the dog signals to the officer the presence of a controlled substance near the rear of the vehicle.  The officer then proceeds to open the trunk, uncovering the marijuana.  Jeff is placed under arrest, read his Miranda rights and placed into the back of a police car.  He is later charged with violating HS 11359, a felony, and has court in Lancaster.  Jeff bails out of jail and hires a Los Angeles Criminal Defense Attorney to defend him in this important case.

Jeff's criminal defense lawyer has substantial experience writing and arguing PC 1538.5 motions to suppress evidence due to unlawful searches.  The lawyer reviews the police report, noting that the officer's report indicates a stop because Jeff's passenger side tire crossed over into another lane.  Upon reviewing the MVARS (video from the police car), it is clear that Jeff's car only touched the inside of one line, momentarily, and did not cross over.  Per United States v. Colin, a landmark case for traffic stops, this was a bad stop.  The lawyer writes and argues a motion to suppress all of the evidence.  The motion is hear along with Jeff's preliminary hearing.  Jeff wins his motion to suppress and the evidence is excluded.  Without evidence, the charges get dismissed!  Jeff gets to keep his criminal record clean and avoids a felony conviction, jail or prison time, probation, and does not have to pay any fines to the court.  The officers violated Jeff's rights by pulling him over without justification.  They further violated his rights by detaining him for longer than a reasonable time to have the K-9 unit brought out.

If you have been charged with a crime or arrested for DUI, a drug crime, domestic violence, theft crime, violent crime or other crime in Lancaster, Palmdale or anywhere in LA, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.  Being arrested and charged with a crime is scary and you are most likely unsure of what to expect at court.  Having a skilled, passionate Los Angeles Criminal Defense Attorney on your side is essential.  FREE CONSULTATIONS. 

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

Published By: Nicholas Loncar | Written by Nicholas Loncar

LOS ANGELES DRUG DUI LAWYER
DUI enforcement is aggressive and well-funded in Los Angeles County.  The Los Angeles Police Department, California Highway Patrol, LA County Sheriff's Department and other local police departments (Burbank Police, Glendale Police, Santa Monica Police, Long Beach Police, Pasadena Police, and many, many more local police departments throughout Los Angeles County) are all specifically trained to target DUI arrests.  Patrol officers have many responsibility, but it is clear that in Los Angeles and Southern California, DUI is a top priority.  While DUI is most often associated with drinking alcohol, DUI is often charged when a driver is suspected to be under the influence of a drug, commonly marijuana, prescription medications, as well as other street drugs like methamphetamine, cocaine and heroin.

DRIVING UNDER THE INFLUENCE OF DRUGS CHARGES AND ARREST
Drug DUI cases are now charged as violations of VC 23152(e).  Alcohol-related DUI cases typically trigger two criminal charges: VC 23152(a) and VC 23152(b).  The first count, the "a" count, is driving under the influence (being too impaired to drive).  The second count, the "b" count, is driving while at a blood alcohol concentration of .08 or higher (driving with a BAC above the legal limit).  In alcohol DUI cases, the government can prove that the defendant violated either one of the two charges and the defendant will sustain a DUI conviction.  Drug DUIs used to be charged under the "a" count until 2014, when a change in the law created a separate subsection for drug-related DUIs.  VC 23152(e) is not specific to any one drug, and proceeds only on a theory of impairment.  This means that the prosecutor must not only prove the presence of the drug, or some level of the drug in a driver's system, but must actually prove that the person was too impaired to drive.  This is often demonstrated by police testimony about the defendant's driving, defendant's behavior, odor, symptoms of alleged impairment and video of the driver or the vehicle.

POLICE DRUG RECOGNITION EXPERTS (D.R.E.)
Alcohol intoxication is easier for officers to detect than drug impairment.  There has been more research and much more officer training in regards to alcohol-impairment detection.  Standardized field sobriety tests have been evaluated for their ability to predict alcohol impairment, and officers have hand-held breathalyzers, Preliminary Alcohol Screening (PAS) Devices to determine whether a driver is too drunk to drive.  The smell of alcohol can also give police an indication that someone has been drinking alcohol, but drug use may be more difficult to detect.  Additionally, the effects of alcohol on a person's ability to drive safely may be more standardized across a population than with many other drugs.  In response to this difficulty, law enforcement agencies have begun organizing training specific to drug recognition.  Officers are taught to monitor symptoms of the central nervous system for indicators that a person may be under the influence of either a CNS stimulant (cocaine, methamphetamine, etc.) or a CNS depressant (Xanax, Alcohol, Marijuana).  This can include pupil size, sweating, balance, shortness of breath, rate of speech, gait, smooth pursuit with the eyes, and much more.  Even with specific training, the process of identifying impairment by drugs other than alcohol is still difficult.  The indicators of drug impairment can be affected by environmental factors as well as naturally occurring physiological differences between human beings.  When the government attempts to prove your drug impairment by calling a police "drug recognition expert" to the witness stand, your Los Angeles Drug DUI Lawyer needs to aggressively cross examine the officer.  By showing the lack of scientific method behind the field sobriety tests as they relate to drugs, and by exploiting the relative lack of training and experience officers have with drug DUI, your attorney can help cast doubt on whether you were under the influence at the time you were driving.  This is the most important part of drug DUI defense.  

NO "LEGAL LIMIT" FOR DRUGS / NOT "ZERO TOLERANCE"
Showing that there is some level of a drug in a driver's blood is not sufficient to secure a conviction.  Moreover, there is no "magic number" like the .08 BAC standard with alcohol-related DUI.  Whether a driver was under the influence of a drug while driving is a very fact-specific inquiry that needs to be addressed on a case by case basis.  A driver's time of alleged drug use, pattern of use, method of use, physiological differences, medical conditions, mental alertness and physical agility all play a major role in determining drug impairment.  "Tolerance" to some drugs builds very quickly and can be used as a defense in cases where the level of a drug in someone's blood may not correspond to a specific level of impairment.  The government must be able to show a bad driving pattern or display of physical symptoms that indicate a lack of ability of a driver to safely operate a motor vehicle.  Simply showing that some, or even a lot, of a drug was in someone's blood is not enough to get a conviction for DUI.

MEDICAL MARIJUANA AND PRESCRIPTION DRUGS AND DUI CHARGES
Medical marijuana, Xanax, Valium, Percocet, Ambient and many other lawfully prescribed medications can give rise to criminal charges for DUI.  Despite a valid prescription, driving while impaired by prescription medication is against the law.  Police and prosecutors do not show any mercy in DUI cases for those who are impaired by a prescription medication.  Many prescription medications can greatly affect a person's ability to safely drive a car, and driving under the influence of some medications may be very dangerous for some people.  There are many defenses available to those charged with DUI, but having a prescription for the drug involved is not one of them.  The prescription may be able to influence plea negotiations, but is not a license to drive while using certain medications.  Consult with your doctor before driving on any prescribed medications, and be careful not to mix certain medications with alcohol or other drugs.

DMV ISSUES WITH DUI DRUGS CRIMINAL DEFENSE CASES
Another difference between alcohol and drug DUI cases is that alcohol DUI cases usually trigger an automatic, administrative license suspension by the DMV.  DUI drivers who beat their criminal case in court can still face a loss of their driver's license if they lose, or fail to schedule a DMV hearing.  In drug DUI cases, there is no DMV administrative suspension.  A suspension will only commence upon conviction for DUI.  Beating your DUI case is therefore the only step necessary to save your driver's license in a drug DUI case.  There will most likely not be a DMV hearing, and there are several ways to avoid a driver's license suspension in court, including getting a dismissal of the DUI charges, winning a California Jury Trial or pleading guilty to a lesser offense.  If a driver suspected of driving under the influence of drugs refuses to submit to a chemical test, they might face a 1 year driver's license suspension by the DMV if the refusal was pursuant to a lawful arrest.

REDUCED CHARGES IN DRUG DUI CASES
Due to the difficulty in proving drug DUIs, your Los Angeles Criminal Defense Attorney and DUI Lawyer can help you avoid some of the negative consequences of a DUI conviction (including a loss of driving privilege and ignition interlock device requirement).  Drug DUI cases can be resolved with a plea negotiation, where you can plead to a reduced charge of reckless driving.  A "wet" reckless is a reckless driving conviction that can be used as a DUI prior if you ever receive a second (or subsequent) DUI conviction.  A "dry" reckless is just reckless driving and is not prior able as DUI.  Depending on the strength of the government's case and the skill and zeal of your attorney it may be possible to get one of these two outcomes instead of a DUI conviction.

HOW A LOS ANGELES CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER CAN HELP YOU
Being arrested and charged with a crime is scary.  You are likely unsure of the possible consequences (including probation, fines and jail time) and the likelihood that you have defenses you can assert to win your case or get a better result.  Contact the Law Offices of Nicholas Loncar for a free consultation about your case.  We can evaluate your defenses and the strength of the government's case, as well as give you a better idea of what to expect in court.

EXAMPLE OF A LOS ANGELES DRUG DUI CASE:
Rob is a Los Angeles resident and a medical marijuana patient.  Rob is driving home from a local medical marijuana dispensary when he is pulled over for going through a red light a little late.  Upon approaching Rob's vehicle, the officer notices the smell of marijuana, likely from the medical marijuana Rob had just purchased.  Rob had not yet smoked marijuana that morning, but smokes marijuana in his home nightly.  There might also be an odor of burnt marijuana on some of his clothing and other belongings.

The officer asks Rob if he knows why he is being pulled over.  Rob admits to running through the light a little late, but seems alert and answers the question succinctly.  Rob hands over his documents and the officer asks him to step out of the car.  Rob is asked to perform some field sobriety tests and does fine, losing his balance once when his leg was raised, but otherwise followed all directions well and performed the tasks asked of him.

Despite Rob's decent performance of the FSTs, the officer places his under arrest for DUI.  At the station, Rob refuses to submit to a blood or urine test, now facing a potential 1 year license suspension as well as DUI charges in court.  At the DMV hearing, the issue will be whether Rob actually refused, including whether the arrest was a lawful DUI arrest.  The criminal (court) DUI case against Rob consists of the smell of marijuana and one minor mistake on the FSTs.  Here, the DMV hearing is much tougher.  

Rob hires a Los Angels Drug DUI Lawyer who gets started right away on Rob's defense.  The attorney schedules a DMV hearing, and subpoenas the arresting officer to testify at the hearing.  With a strong cross examination and skilled argument, the lawyer is able to convince the hearing officer that there was not enough evidence to make a DUI arrest, negating the refusal.  Rob wins the DMV hearing and will not face the 1 year suspension.  In court, Rob has a right to take his case to trial and to make the government prove that he is guilty of a crime.  Rob's lawyer is able to persuade the prosecutor to offer Rob a reckless driving instead ("dry" reckless).  Rob does not wish to endure the stress, time and cost of trial, opting instead to plead guilty to reckless driving.  The DUI is dismissed and Rob's reckless driving conviction cannot be used against him as a prior DUI should a future DUI arrest occur.

Your arrest and criminal charges do not have to mean a criminal conviction.  You can fight your case and win!  If you have been arrested or charged with a crime, including DUI, DUI-Drugs, Domestic Violence, Gang Offenses, Theft Crimes, Violent Crimes, Strike Offenses, Sex Crimes, Financial Crimes, Vandalism, Homicide, Rape, Drug Possession or Sales or Transportation, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney and DUI Lawyer.  Being arrested and charged with a crime is scary, and having a skilled Los Angeles Criminal Defense Attorney and DUI Lawyer by your side, fighting for you and asserting your rights and defenses is essential.  FREE CONSULTATIONS Office: 213.375.3775 | Cell: 323.803.4352

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

Published By: Nicholas Loncar | Written by Nicholas Loncar

MANHATTAN BEACH CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
Manhattan Beach, CA is an upscale beach town in Los Angeles' South Bay region.  Close to LAX, Hermosa Beach, Redondo Beach, El Segundo, Lawndale, Hawthorne, Artesia and Torrance.  Manhattan Beach has one of the wealthiest and most educated populations in California and in LA County.  Manhattan Beach has a population of just over 35,000, with actors, athletes and other celebrities among the other wealthy residents.

Like many upscale areas in Los Angeles County, crime rates are low in Manhattan Beach.  Violent crimes and theft crimes are among the lowest in LA County, California and the nation.  Manhattan Beach Police Department is in charge of law enforcement for the area.  Misdemeanors are prosecuted by the Manhattan Beach City Attorney and felonies by the Los Angeles County District Attorney.  Criminal and traffic matters are both heard at the LA Superior Court's Torrance Courthouse.

As with all areas of LA County, DUI enforcement is aggressive in Manhattan Beach.  With a lot of resources, and not much crime to fight, police in Manhattan Beach are able to target drunk driving, underage drinking and the like.  With a significant nightlife presence on Manhattan Beach Boulevard by the pier, drinking and driving and other alcohol-related arrests are common.  Additionally, although drug crimes are less common in Manhattan Beach than other parts of Los Angeles and the surrounding area, drugs can be prevalent in Manhattan Beach as well.

If you have been arrested or charged with a crime in Manhattan Beach, you need a skilled Los Angeles Criminal Defense Attorney to fight for you and assert your rights and defenses.  Contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Lawyer.  Being arrested and facing criminal charges is scary.  You are most likely unfamiliar with the criminal justice system and unsure of what to expect and how to protect yourself.  It is absolutely imperative to have a talented, dedicated and knowledgeable Los Angeles Criminal Defense Attorney on your side.

EXAMPLE:
Meghan is driving home to Torrance after a night out in Manhattan Beach.  As the designated driver, Meghan drank only two drinks while at the bar.  She did not drink at all for the first hour or so, then someone bought her a drink.  She got one more at about 12:30 am.  When her friends were ready to go home, around 1 am, she finishes her second drink quickly and heads out.  Meghan does not feel the effects of alcohol and feels fine to drive.

As Meghan is driving, she encounters a DUI checkpoint.  Due to the small amount of alcohol she has had, and the presence of her three drunk friends, the officer who approaches Meghan's car smells alcohol.  He asks Meghan if she has been drinking and she says that she has not; that she was the designated driver.  The officer smells alcohol, and is convinced that he smells alcohol coming from Meghan's breath.  He asks Meghan to step out of the car and perform a series of field sobriety tests.  Meghan does pretty well on the field sobriety tests, despite not wearing the best footwear to be balancing and hopping around.  Next, the officer has Meghan blow into a preliminary alcohol screening (PAS) device, a handheld breathalyzer police use at the scene to determine if a driver is intoxicated.  The device is not very accurate, but if the results are high enough, it can justify probable cause for a DUI arrest.

Meghan blows two times, resulting in .07 and .08 readings.  She is placed under arrest and brought to the police station.  At the station, Meghan is given the option to submit to a breath or blood sample.  Meghan provides a breath sample only.  The machine used at the station is more accurate, but this test is now being performed over an hour after Meghan was done driving.  The breath test shows a result of .10.  Meghan is charged with DUI and is given a court date to appear at Torrance Courthouse.

Meghan hires a Los Angeles Criminal Defense Attorney / DUI Lawyer to represent her in court and to try to stop an administrative license suspension with the DMV.  Meghan's lawyer schedules a DMV hearing and begins preparing defenses for both the court case and the DMV hearing.  It is clear to the attorney that Meghan has a strong "rising BAC" defense.  The result closest in time to her driving shows her below the legal limit.  The smell of alcohol on her breath, paired with the rising pattern in the test results and testimony from her friends indicate that Meghan had not been under the influence of her second drink while she was driving.  Alcohol takes time to absorb.  Absorption also happens in the duodenum (which connects the stomach to the lower intestine).  

The alcohol that the officer smelled on Meghan's breath was still in her mouth and/or stomach, which means that it was not yet absorbed into her system, and not affecting her ability to drive.  Because Meghan was stopped at a checkpoint, there is no evidence of bad driving, and her performance on the field sobriety tests was solid.

Meghan's lawyer is able to convince the prosecutor to dismiss Meghan's DUI charges and allow Meghan to plead guilty to reckless driving ("dry reckless"), without DUI conditions.  Not only does Meghan not face a court suspension of her license and not need to install an ignition interlock device (IID), but she does not even face the negative consequences associated with a "wet reckless" which can count as a DUI prior and triggers DUI classes.  Meghan's attorney is also able to get a "set aside" (win) her DMV hearing.  The lawyer presents the rising BAC defense to the hearing officer and demonstrates that Meghan was not above the legal limit while driving.  Meghan does not get a DUI conviction and gets to keep her license.

If you have been arrested or charged with a crime in Manhattan Beach, Redondo Beach, Hermosa Beach, Torrance, El Segundo, Westchester or anywhere in LA County, contact the Law Offices of Nicholas Loncar to discuss your case with a Los Angeles Criminal Defense Attorney and DUI Lawyer.  Consultations are free and can really help you understand what is going on in your criminal case.

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

Published By: Nicholas Loncar | Written by Nicholas Loncar

VENICE BEACH CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
Venice is an exciting beach neighborhood in Western Los Angeles County.  Located on the Pacific Ocean, Venice Beach is located south of Santa Monica, West of Culver City and Mar Vista, and North of LAX, Marina Del Rey and El Segundo.  With a population of under 40,000, Venice is a popular destination for tourists and LA natives.  Venice Beach, the Venice Boardwalk, Muscle Beach, as well as restaurants and nightlife along the coast or along Abbot-Kinney Boulevard draw visitors, both local and international.  Venice has a large number of independent vendors, street performers and medical marijuana doctors and dispensaries.  The Venice basketball courts are also among the nicest in LA and frequently host events and has been featured in movies like White Men Can't Jump, set in Los Angeles.  Venice has a lot of high-priced real estate, with beautiful, luxurious homes and famous canals behind them.

Venice is home to a wide variety of crimes.  Despite the small residential population and upscale price tag to live in Venice, the large number of visitors Venice brings each day also leads to more crime than other beach towns like Manhattan Beach or Hermosa Beach.  The LAPD is responsible for law enforcement in Venice and criminal cases are heard at the Airport Courthouse near LAX.  Traffic matters proceed to the Santa Monica Courthouse.  The thriving restaurants and nightlife in Venice, paired with the Los Angeles car culture means a significant number of DUI arrests.  DUI enforcement is tough everywhere, but law enforcement devotes more resources to DUI enforcement where they know drinking and driving are common.

Drug crimes (including marijuana-related offenses) and theft crimes are also quite common in Venice.  Less frequently, there are violent crimes, gang crimes, domestic violence charges, weapon offenses and vandalism.  If you have been arrested or charged with a crime in Venice, Santa Monica, Marina Del Rey, Mar Vista, Culver City, El Segundo or anywhere in Los Angeles, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

EXAMPLE OF A VENICE BEACH CRIMINAL DEFENSE CASE:
Will has dinner with a friend at a restaurant in Venice, planning to go out to a club in West Hollywood after.  Will's friend lives in Hollywood, and Will will be able to park his car there after dinner, and will not need to drive after drinking at the club.  Will and his friend do share a bottle of wine at dinner, but Will does not feel impaired or unable to safely operate a car.  Will had roughly two glasses of wine, both within the last hour before he drove a car.

On the way to Hollywood, Will encounters an LAPD DUI Checkpoint.  Will is approached by an officer, who notices the smell of an alcoholic beverage on Will's breath.  The officer asks Will some questions about his drinking, and asks him to step out of the car, and he does.  Next, Will is asked to perform a series of field sobriety tests, including the horizontal gaze nystagmus test (an eye movement test), a one leg stand test and a walk and turn test.  Will performs fairly well on the tests, but demonstrated slightly poor balance in his flip flops.  The officer next asks Will to blow into a preliminary alcohol screening (PAS) device, a handheld breathalyzer machine that police use as a sobriety test on the scene.  Will agrees to blow into the device, but the device is unable to register a result after several attempts.

Will is arrested for DUI and submits to a blood test at the station.  Upon searching Will for booking, officers also find a gram of cocaine in Will's pocket.  Eventually, Will's blood test results come back .11.  Luckily, he has a strong Los Angeles Criminal Defense Attorney / DUI Lawyer on his side to fight for him and assert his rights and defenses.  First, Will might have a strong argument for a PC 1538.5 motion to suppress.  The officer had limited information upon which to reach the probable cause needed to justify a DUI arrest.  Will performed well on the field sobriety tests, did not show a bad driving pattern (checkpoint), and there was no PAS result for the officer to justify his belief that Will was impaired.  The only evidence was the smell of alcohol, and Will's admission that he had a glass of wine.  It is not against the law to drink and drive, so long as the drinking does not lead to an impaired state or a BAC above .08.  If the motion is granted, Will will have both he DUI and the cocaine possession (felony) dismissed!  

If the motion is not granted, he may have to take his case to trial or work out a favorable plea deal.  At trial, Will would have a strong Rising BAC defense.  He drank very close in time to his driving.  This means that the alcohol had not yet taken effect at the time of driving.  His .11 blood test result may be able to accurately tell the officers what his BAC was several hours after driving, but the government must prove, beyond a reasonable doubt, that a defendant had a BAC above .08 at the time of driving.  This defense, among others, could be asserted at trial or used as leverage in negotiations.  Will's DUI charge can be reduced to a wet reckless and he can most likely get diversion for his drug case, and get the case dismissed after he completes an outpatient drug treatment program.

Being arrested or charged with a crime is scary.  If you have been arrested for DUI, drug possession or any other crime, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Lawyer.  We will be able to go through the details of your case and discuss possible outcomes, defenses, and the best way to get you the best possible outcome in your Los Angeles criminal defense case.  Having an attorney who will fight hard for your rights is absolutely essential in your Venice Beach or Los Angeles criminal case.  Hire a skilled attorney with a strong record of success in serious cases.  Our office has managed great results, including dismissals of very serious felonies, as well as plea deals with no jail time and better convictions for employment, immigration and licensing purposes.

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

Published By: Nicholas Loncar | Written by Nicholas Loncar

PASSIONATE AND PROFESSIONAL LOS ANGELES CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
The practice of law has long been considered a profession, rather than an occupation or career.  Clients trust their attorneys with very important issues, ranging from financial affairs, wills, child custody, and of course, their liberty.  Attorneys are held to high standards, both for performance and professional conduct.  Being trustworthy, diligent and 100% committed are all musts.

For criminal defense lawyers, there are many unique professional responsibilities, and the consequences can be significant in criminal cases.  I am often asked how I can represent someone I know is guilty, or even suspect is guilty, and I barely even entertain the question.  Why wouldn't or why couldn't I fully and zealously represent my clients' interests regardless of guilt?  The US Constitution guarantees a criminal defendant's right to counsel, and representation should be zealous.

Sure, with strong evidence against my client, it becomes more difficult to get a good outcome.  However, video footage, confessions, eyewitness testimony are all potentially flawed.  Even seemingly strong evidence could be faulty, and could be used in court to convict an innocent person.  If my client wishes to fight the charges against them, my client still gets my full commitment.  This is what a criminal defense attorney does.  Not only have I been hired to represent the client's best interests, but I am usually strongly against the types and severity of punishment the government is seeking.  

I feel good about keeping even a guilty person out of custody, and/or from being deported, losing their license or losing their job.  No moral qualms at all.  Giving a client a second chance (or even a third, fourth, fifth or sixth chance) is my pleasure, and never anything that would bother me.  

Additionally, sometimes someone who seems guilty is not.  An estimated 10,000 innocent people are convicted each year in this country, and the advent of DNA evidence has helped the Innocence Project free many wrongfully convicted people.  In many of those cases, the evidence seemed strong, maybe even strong enough to convince the defense attorney, but there should never have been a conviction in those cases.

Protecting the guilty also protects the innocent another way.  If a guilty person is acquitted at trial or at a preliminary hearing because there is not enough evidence presented of the defendant's guilt, that is good news for innocent people facing criminal charges.  If our system gets too conviction-happy (and it is!), innocent people will be convicted, even in the face of problems with the evidence.  This highlights the importance of the high burden on the government in criminal cases: proof beyond a reasonable doubt.  There is a lot of confusion on just what proof beyond a reasonable doubt means, but know that it is a very high standard, the highest one our courts employ.  When money is at stake in a civil case, the winning party just needs to show more evidence that they deserve money than the defendant can put up to the contrary.  In criminal cases, jurors must not have lingering doubts as to whether a defendant is guilty.

Criminal defense attorneys also protect the Constitutional rights of innocent people by defending guilty clients in other ways.  If, for example, the police obtain evidence of illegal activity in violation of a suspect's Fourth Amendment rights, a motion to suppress the evidence will let the defendant walk away.  But doing so keeps the police honest.  The reason we are not stopped and searched more often without justification is that if the police do find something, a criminal defense attorney will get that evidence thrown out in court.

With experience working for multiple public defender agencies, as well as achieving great results for clients in criminal cases, Los Angeles Criminal Defense Attorney Nicholas Loncar is deeply committed to criminal defense and works hard for every client.  There are no guarantees about the outcome of a criminal case, but our firm's promise is to fight hard for you, and leave no stone unturned in trying to get you the best possible outcome.  If you have been arrested or charged with a crime in Los Angeles or Southern California and have court at the LA Superior Court or other court, contact the Law Offices of Nicholas Loncar for a free consultation with an LA criminal defense lawyer.

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

SHERMAN OAKS CRIMINAL DEFENSE AND DUI LAWYER

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CRIME IN SHERMAN OAKS, STUDIO CITY, VAN NUYS, NORTH HOLLYWOOD, VALLEY VILLAGE OR ANYWHERE ELSE IN THE SAN FERNANDO VALLEY, CONTACT US NOW FOR A FREE CONSULTATION   818.646.8788

Sherman Oaks, CA is located in Los Angeles' San Fernando Valley.  Just on the other side of the Santa Monica Mountains from Beverly Hills, Sherman Oaks is located in the Southern portion of the San Fernando Valley, nearby the 405 and 101 Freeways, and nearby Studio City, Van Nuys, Encino and North Hollywood.  With a population of just over 50,000 people, Sherman Oaks is an upscale residential community, with bars, restaurants, shopping (Sherman Oaks Galleria) and many office buildings.

Sherman Oaks is primarily patrolled by the LAPD, with the California Highway Patrol is in charge of enforcing laws (mostly vehicle code violations, including DUI) on the freeways.  Criminal proceedings and traffic matters are heard at the Van Nuys Courthouse, located at 14400 Erwin Street Mall in Van Nuys.  Sherman Oaks is a safe community, but still sees all sorts of criminal cases, from arrests for prostitution, drugs, DUI, domestic violence, with occasional theft crimes and violent felonies. 

DUI cases are common in Sherman Oaks.  LAPD and CHP are aggressive in DUI enforcement with DUI checkpoints frequently on Ventura Blvd and saturation points common on weekends.  We can help you assert the defenses available in your DUI case (Including: Mouth Alcohol, Rising BAC, How Accurate are Breathalyzers?,  Did Police Follow Proper Testing Procedure, Do Field Sobriety Tests Prove Anything,Alcohol and Drugs are NOT the Only Causes of Bad Driving).  For Sherman Oaks theft offenses, there may be an opportunity to reach a civil compromise dismissal with merchants or otherwise deny involvement or intent to steal.  Drug crimes or weapon offenses might have a viable motion to suppress if the police violated your Constitutional rights during your police encounter, or a long list of other defenses.  Each case is different and fact-specific and it takes a skilled, knowledgeable attorney to take the right steps to get you the best outcome in your case in Sherman Oaks, Encino, North Hollywood, Van Nuys, the San Fernando Valley, or anywhere else in Los Angeles.

If you have been arrested or charged with a crime in Sherman Oaks, Van Nuys, Studio City, Canoga Park, North Hollywood, Encino or anywhere else in Los Angeles, you need a skilled lawyer to fight for you.  Contact a knowledgeable, aggressive Los Angeles Criminal Defense Attorney at the Law Offices of Nicholas Loncar now for a free consultation.  323-803-4352

EXAMPLE OF A SHERMAN OAKS CRIMINAL DEFENSE ATTORNEY:
Jim, a contractor from Sherman Oaks, has had back pain for several years.  His job involves a lot of strain on his back and he had previously been prescribed Vicodin to help him manage the pain.  After about 10 months of taking the medication, Jim could no longer afford health coverage, and could not afford to pay for frequent doctor's visits.  Jim's father also was prescribed pain medications, and gave Jim 20 pills each month so that Jim could manage to get through his tough work day.

One day, while Jim is backing out of a driveway at one of his job sites in Sherman Oaks, he hits another vehicle.  An LAPD officer comes out to write up a traffic collision investigation report.  While talking to both parties, the officer asks Jim if he takes any medications.  He admitted to the officer that he takes pain medication for his back.  The officer asked Jim to perform some field sobriety tests, and he agreed (note: he has a right to refuse to perform field sobriety tests and should refuse).  Jim lost his balance while trying to perform the one leg stand test.  He is arrested for DUI and taken to the station for a blood test.  He now must appear in Van Nuys Court to defend against charges that he violated VC 23152(a) and 23152(b).  Unlike alcohol-related DUI cases, Jim will not need to schedule a DMV hearing.  His license will only be suspended if he is convicted of DUI.  Fortunately, Jim is not in possession of any of the pills his father had given him.  If he had been found with the pills, he would face a felony possession of a controlled substance charge per HS 11350.  It is also important to note that even if Jim has a valid prescription, he can still be prosecuted for DUI if the government shows that the medication has impaired his ability to drive.

Jim hires a Los Angeles Criminal Defense Attorney to represent him in his DUI case.  Jim's lawyer has an accident reconstructionist interview Jim, the other driver and the police officers accident report, and has a toxicology expert review the blood results and to advise about the effects of the drug and ability of the officer to determine intoxication.  The attorney also gets a statement from Jim's physician stating that his back problems would make it difficult for him to stand on one leg.  Relying on the government's evidence (the evidence in the officer's report) is not likely to get the best result.  But with independent, new evidence, Jim has a much better chance to get a dismissal, a reduced charge, or, if necessary, win his DUI case at a jury trial.

If you have been arrested or charged with a crime in Sherman Oaks, Van Nuys, Encino, Studio City or North Hollywood, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.  We will be able to discuss the details of your case, help you understand the court process as well as assess the defenses you may have available.  Being arrested or charged with a crime is scary, but a skilled criminal defense attorney can help!

Nicholas M. Loncar, Esq.
Los Angeles Criminal Defense Attorney
t. 818-646-8788 | f: 818-646-8772
MOBILE: 323-803-4352
TOLL-FREE: 888-200-9454
www.iDefendLosAngeles.com
[email protected]
12198 Ventura Blvd | Suite 207
Studio City, CA | 91604

Published By: Nicholas Loncar | Written by Nicholas Loncar

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME OR MAY BE UNDER INVESTIGATION BY POLICE, YOU NEED A PASSIONATE, AGGRESSIVE ATTORNEY ON YOUR SIDE TO FIGHT FOR YOU.  CONTACT US NOW FOR A FREE CONSULTATION WITH A STUDIO CITY CRIMINAL DEFENSE ATTORNEY.  818-646-8788.

STUDIO CITY CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
Studio City is conveniently located near to the 101, 134 and 118 Freeways at the Southern tip of Los Angeles' San Fernando Valley.  Nearby cities and neighborhoods include: North Hollywood, Universal City, Burbank, Toluca Lake, Hollywood Hills, Valley Village and Sherman Oaks.  Home to CBS, NBC and Universal Studios, Studio City has a booming entertainment industry as well as excellent restaurants and night life, flowing along Ventura Boulevard and Laurel Canyon.  Many famous Hollywood celebrities have homes in the hills South of Ventura Boulevard.  Studio City has under 40,000 residents, with significantly higher than average income levels for Los Angeles.  The Law Offices of Nicholas Loncar are located conveniently on Ventura Blvd in Studio City, near Laurel Canyon Boulevard.

Studio City has fairly low crime for Los Angeles.  The LAPD's North Hollywood Division provides law enforcement services for Studio City.  Criminal and traffic cases proceed to the Van Nuys Courthouse, where misdemeanors are prosecuted by the LA City Attorney's Office and felonies by the LA District Attorney.  Despite low crime, there are plenty of arrests.  Throughout LA County, and Studio City is no exception, there is very aggressive enforcement and prosecution for DUI and Domestic Violence.  DUI checkpoints are fairly common on weekends, and officers receive extensive training in field sobriety tests, using chemical testing devices and handling domestic violence investigations as well.  Drug crimes are also common, with offenses ranging from simple possession to possession for sale.  With a fairly large retail presence, there are also theft crimes in Studio City.

If you have been arrested and charged with a crime your lawyer can raise a variety of defenses, write, file and argue motions and fight your case at preliminary hearings and trial.  Contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

EXAMPLE OF A STUDIO CITY DUI CASE:
Two years ago, Noah was arrested for DUI, after being stopped for speeding on the 101 by the California Highway Patrol.  Noah blew a .11, above the legal limit.  Still, his Los Angeles DUI Lawyer was able to get his DUI charge reduced to a "wet reckless" meaning that Noah avoided a DUI conviction, as well as LA County's ignition interlock device (IID) installation requirement.  Now, Noah is driving home from a dinner event in Studio City, when he encounters a DUI checkpoint on Ventura Boulevard.  Noah is still on DUI probation, and his "wet reckless" conviction can be used as a prior DUI.  

Noah is stopped at the checkpoint, and he tells the officers that he is on DUI probation.  The officers immediately ask Noah to step out of the vehicle and blow into the preliminary alcohol screening (PAS) devices, a handheld breathalyzer used by police to determine alcohol intoxication.  It is important to note that most drivers have a right to refuse to blow into the PAS device, but because Noah is on DUI probation, The officer smells some alcohol, but the PAS device is not working properly.  Back at the station, Noah is asked to submit to a breath or blood test.  Noah chooses breath.  He blows a .10 and a .11.

Noah is charged with DUI with a prior in Van Nuys Courthouse and is now facing mandatory jail time and a one year license suspension.  He hires a Los Angeles Criminal Defense Attorney to help him with his case.  The attorney will fight to get Noah the best possible outcome in his case.  First, Noah can avoid the license suspension and jail time if the attorney can negotiate another "wet reckless" reduction with the Los Angeles City Attorney.  Getting the "wet reckless" reduction a second time around is more difficult, but can be done with the help of a skilled lawyer.  Noah's defense lawyer can also file a motion to suppress the evidence, arguing that Noah was arrested without probable cause.  Due to the failure of the PAS device, the lack of bad driving pattern, and the officer not having Noah perform field sobriety tests prior to arrest, the officer did not do what is expected of a police officer in a DUI investigation, making the arrest premature under the law.  

If all else fails, Noah can assert his right to a trial, where his lawyer will call and expert witness and assert the "rising BAC" defense.  Essentially, Noah's breath test resulted in a reading slightly above the legal limit.  However, the law requires the government to prove intoxication at the time of driving.  Frequently, when people drink and then drive very soon thereafter, the alcohol has not begun to affect, and will take two or more hours to actually affect the driver's ability to safely operate a motor vehicle.  This means there is a strong likelihood that Noah's BAC was below the legal limit of .08 at the time he was driving a car.  Only after hours of waiting around did enough alcohol get absorbed into his blood to impair his ability to drive.

Noah also has a DMV Administrative Per Se hearing to be concerned about, but his attorney will be able to assert many of the same defenses at that hearing as in court.  In order to keep his license, he has to be successful both in court and at his DMV hearing.

If you have been arrested or charged with a crime in Studio City, Universal City, North Hollywood, Van Nuys, Burbank, Toluca Lake or anywhere else in Los Angeles, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.  Being arrested and facing criminal charges is scary.  We can help.

Nicholas M. Loncar, Esq.
Los Angeles Criminal Defense Attorney
Office: 818.646.8788 | Fax: 818.646.8772
Mobile: 323.8034352 | Toll-Free: 888.200.9454
www.iDefendLosAngeles.com
[email protected]
12198 Ventura Blvd | Suite 207
Studio City, CA | 91604

Published By: Nicholas Loncar | Written by Nicholas Loncar

Typically, a DUI causing death is charged as vehicular manslaughter under PC 191.5.  DUI manslaughter is discussed in greater detail in the DUI Causing Injury or Death article.  For especially bad cases, or for a Californians who have a prior DUI conviction, a new DUI offense leading to another person's death can be MURDER.  Typically reserved for intentional killings, murder can be charged in a DUI death if the alleged drunk driver has a prior DUI or even "wet reckless" conviction under a theory of "implied malice." 

Pursuant to the 1981 landmark California case People v. Watson, California law considers driving recklessly while intoxicated enough to meet the wanton disregard requirement for second degree murder by "implied malice."  It is from this case that California DUI Murder gets its nickname, "Watson murder."  If you have ever pled guilty or no contest to DUI, you may also recall being given a Watson advisement, advising you that if you are arrested for DUI again, and that DUI leads to an accident where someone is killed, you can be charged with murder.  This advisement has become standard practice in DUI pleas throughout California, and is often one of the scariest moments of a first DUI case.

Standard Watson Advisement:
"I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle.  I understand that it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both.  I understand that if I continue to drive while under the influence of alcohol or drugs, or both, and as a result of my driving, someone is killed, I can be charged with murder."

Essentially, by signing a Watson Advisement, a DUI defendant consents to being charged with murder if they drive drunk again and kill someone.  Without an advisement, prosecutors will use prior attendance in DUI school, required upon conviction for DUI as evidence that the defendant was previously made aware of the dangers covered by the advisement.  This means that even if a defendant did not plead guilty to DUI, but was convicted as a result of losing a DUI trial, a second or subsequent DUI, the result of which someone is killed, can be charged with murder.  In fact, a prior DUI is technically not necessary, but makes meeting the hight burden of proof easier for prosecutors.  This is why we rarely see second degree murder prosecutions in a first time DUI.

A DUI murder (Watson Murder) charge does not have to mean a murder conviction.  A murder conviction is not only a strike, but subjects a defendant to a possible life sentence.  It is possible to negate the prosecution's evidence of "implied malice" and use that to negotiate a lesser charge.  Vehicular manslaughter and DUI manslaughter are possibilities.  

Additionally, the fact that someone has alcohol or a drug in their system does not mean that they have caused an accident.  Law enforcement will jump to the conclusion that someone with a DUI prior, especially if they smell like alcohol, must have been responsible for the accident.  By subpoenaing video surveillance footage, interviewing eyewitnesses, and consulting with an accident reconstruction expert, it may be possible to show that the accident is not the defendant's fault.  This is where having a skilled Los Angeles Criminal Defense Attorney and DUI Lawyer on your side comes in.

It is also important to remember that the government must still prove all of the elements from a traditional DUI charge.  Police officers are often mistaken when they arrest someone for DUI.  There may not be evidence that the person was driving, evidence that the person was impaired, or evidence that the person's blood alcohol concentration was above .08 at the time of driving.  There are many defenses to DUI, including: Mouth Alcohol,  Rising BAC,  How Accurate are Breathalyzers?,  Did Police Follow Proper Testing Procedure,  Do Field Sobriety Tests Prove Anything?,  Alcohol and Drugs are NOT the Only Causes of Bad Driving, and MORE.  

If you have been arrested or charged with a DUI homicide, whether 2nd degree murder or DUI manslaughter, contact the Law Offices of Nicholas Loncar for a free consultation with a skilled LA Criminal Defense Attorney and DUI Lawyer.

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

Published By: Nicholas Loncar | Written by Nicholas Loncar

LOS ANGELES FINANCIAL CRIMES LAWYER & 
WHITE COLLAR CRIMINAL DEFENSE ATTORNEY

Financial crimes, or "white collar" crimes are crimes, grouped together because they are committed by professionals, public officials and the like and generally involve some form of theft or fraudulent representation for the purpose of obtaining money under misleading circumstances.  Financial crimes are treated much differently than drug crimes or street-type criminal offenses.  

Some white collar crimes include: bank fraud, bankruptcy fraud, bribery, corporate fraud, counterfeiting, credit card fraud, cyber crimes/hacking, embezzlement, extortion, forgery (including fake ID), healthcare fraud, hedge fund fraud, identity theft, immigration fraud, insurance fraud, loan fraud, money laundering, piracy/intellectual property infringement, pyramid schemes, racketeering, RICO laws, securities fraud, tax evasion, tax fraud, telemarketing fraud, and wire fraud.  Fraud offenses targeting senior citizens are common, as well.

White collar crime offenders are often people in prominent positions, with access to large amounts of money or other resources.  This can be stressful, and .  Other alleged offenders are charged due to unintentional mismanagement or oversight.  These cases are rarely simple, and take a great deal of skill and knowledge to pull off, as well as investigate.  Inadvertent actions can be mistaken for deliberate criminal activity.  

Many white collar defendants are first time offenders, with no criminal record.  This is a strong point of negotiation during the pretrial phase, and a major advantage should the case proceed to trial.  Ability to make restitution to any victims is also a powerful bargaining chip and can help lead to a lesser sentence.

In a world-class city like Los Angeles, with a major business and professional presence, white collar and financial crimes are common.  They range in sophistication from employees using company funds to make unauthorized purchases, up to CEOs deceiving thousands of people for millions of dollars.

There are plenty of defenses available in financial crimes cases, and the complexity can be to your advantage.  With most crimes, the issues are simple and can be more easily understood by law enforcement and juries alike.  With complex issues, it can be much easier to cast doubt upon the government's theory of the case.  

Effective white collar criminal defense takes intelligence, knowledge, attention to detail, and access to experts and investigators who can help your attorney assert your rights.  In a DUI case, for example, the police reports and all relevant evidence might amount to 20-30 pages.  In white collar and financial crimes matters, finding the right evidence that helps you may require pouring through thousands of pages of evidence that the government intends to use against you.  If you have been charged with a white collar crime in LA, your Los Angeles Criminal Defense Attorney can help by identifying and exploiting weaknesses in the case against you, investigating to find additional evidence that can be used to your benefit, as well as powerful negotiating skills to achieve the best possible outcome in your case.

Financial crimes carry severe penalties.  Many white collar crimes are prosecuted at the Federal level by the US Attorney's office in Federal Court, with frequent white collar investigations by the FBI, SEC, and other Federal law enforcement agencies.  The Federal sentencing guidelines provide judges with less discretion in sentencing, and proscribe very long prison terms for certain crimes.  

In both Federal and State cases, restitution and financial damages can cause you to pay large amounts of money to the victims of an alleged financial crime.  In addition to the direct penalties a white collar crime can have, a conviction, and even just criminal charges, can greatly affect your reputation and career.  These charges can ruin your life and your career.

Los Angeles Criminal Defense Attorney Nicholas Loncar has a background in economics, with the skill, knowledge and experience to help you with your white collar criminal defense case.  Whether you simply made an error in judgement, an accounting error, or have been falsely accused, the Law Offices of Nicholas Loncar will identify the best defense and best course of action for your case.  If you have been arrested or charged with a white collar crime in Los Angeles, speak to an LA defense lawyer now.  Free Consultations.

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

Published By: Nicholas Loncar | Written by Nicholas Loncar

FEDERAL CRIMINAL DEFENSE LAWYER IN LOS ANGELES
Being arrested and facing criminal charges are scary things.  That is only amplified by the severity of a Federal case.  Luckily, you do not have to deal with this scary situation yourself.  Having a skilled Los Angeles-based Federal Criminal Defense Attorney on your side is imperative to achieve the best possible outcome in your Federal case.  Federal investigative agencies are better-trained, better-equipped and have the resources to focus their investigations on a specific target.  With increased funding and increased powers since 9/11 and the 
"Patriot" Act, as well as continued use of government wiretaps and other privacy invasions, Federal Criminal Cases have grown in recent years.  Very few Federal cases are ever actually made against terrorists, but the Federal Government agencies are using their new powers to target a wide variety of criminal offenses, most frequently: drug conspiracy, illegal re-entry, felon in possession of a firearm, as well as a wide variety of financial crimes, discovered by the SEC.  Federal Law Enforcement Agencies include: D Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), Department of Homeland Security (DHS), Bureau of Alcohol, Tobacco and Firearms (ATF), Central Intelligence Agency (CIA), US Secret Service, Internal Revenue Service (IRS), US Border Patrol, Immigration and Customs Enforcement (ICE), US Marshall Service, Federal Air Marshal Service and United States Postal Inspection Service, with prosecution handled by the US Attorney's Office.

Federal Case Process
Federal cases usually begin with investigation.  The investigation is turned over to the US Attorney's office, who decides whether to file a document called a complaint in court.  This document alleges that the defendant has committed a crime within the jurisdiction of the Federal Court and US Attorney's office.  The defendant will either be sent a notice to appear, or an arrest warrant will be issued to have the defendant brought to court.  If the defendant was arrested, the first court date should be within 48 hours.  At the first court date, your criminal defense attorney can argue to have bail lowered or for your release.  This decision is up to the judge, but negotiation with the Assistant US Attorney (AUSA) is important.  Unless waived by the defendant, the case will then proceed to indictment, where a grand jury decides whether the government has sufficient evidence to justify proceeding on charges.  If the grand jury finds enough evidence or if the defendant waives his right to a grand jury, the case will proceed to arraignment on the information or indictment.  Here, the defendant enters a plea to the charges.  Whether the case will go to trial or resolve during pretrial hearings depends on a lot of factors, including the strength of evidence and any defenses, exposure under the sentencing guidelines and much more.  

Concurrent Jurisdiction
Federal Criminal Cases are either cases charging a violation of Federal Law, or cases charging a violation of law on Federal Property.  The Federal prosecutors (the US Attorney's Office) and state and local agencies often have concurrent jurisdiction over crimes.  This means that a lot of the time, when someone violates a Federal law, they are usually also violating a state law.  If someone is violating a state law, the crime might also rise to a .  Typically, cases investigated by state and local authorities are submitted to local prosecutors for filing.  Federal Agencies investigate crimes in an effort to make a Federal Case.  Sometimes the US Attorney's office does not feel they have enough evidence to proceed in Federal Court, but the investigation is then turned over to a local agency.  For example, the DEA does a drug bust, but does not get enough evidence of a criminal conspiracy.  After the US Attorney's office rejects the case, the DEA might forward their reports on to a local agency to pursue state charges.  Conversely, a local agency might arrest an illegal immigrant, who fingerprint records show has previously been deported.  This makes a very easy Federal case for the US Attorney's office to boost its conviction rate.

Federal Sentencing Guidelines
One major difference of Federal vs. California criminal charges are the strict sentencing guidelines.  In California, the sentencing phase gives judicial officers broad discretion to sentence defendants.  In Federal cases, the federal sentencing guidelines, which take into account the severity of an offense and the defendant's criminal history, often proscribe very long prison terms, with the minimum sentence in a Federal case often exceeding the maximum possible penalty had the state, and not the Federal government filed the case.  Sentences are very high in order to discourage defendants from fighting their case and taking it to trial.  While the government still has a high burden of proof in Federal trials, the risk of a very long prison term is often too great for a defendant to risk trial.  Instead, the government is hopeful that defendants will roll over on other criminals or take a quick plea bargain.

Fast Track
The US Attorney's Office has implemented the "Fast Track" Early Disposition Program, which gives those who plead guilty early on in the Federal proceedings a better sentence.  "Fast Track" offers a three level reduction under the federal sentencing guidelines.  For defendants with little to no record, and/or those with relatively minor offenses, an early plea can help to avoid a long sentence, and sometimes allow for no prison time at all.

High Conviction Rate
Due to the skill of the law enforcement agencies and very long possible sentences in Federal Cases, most cases end in a guilty plea.  Assistant US Attorneys often have lofty career ambitions, and use their conviction rate to advance in politics or the law.  Often, this leads to Federal prosecution in cases that are easy for the government to prove, hence the prevalence of many felon in possession of a firearm cases as well as illegal re-entry.  Proving that a felon was in possession of a firearm often requires the testimony of one officer and the defendant's criminal record.  Proving that someone, who fingerprint records show was previously deported, illegally re-entered the country is often provable by the defendant's very presence.  

Cooperation with Law Enforcement
The other objective of the high sentencing guidelines is to get defendants to cooperate with law enforcement agencies in the apprehension of other, usually more criminally involved associates.  For example, someone facing 2-4 years in state prison for a drug crime may not be willing to "snitch" on a higher level dealer, but that might change when the same defendant is facing 40 years.  

If you have been arrested by a federal law enforcement agency (DEA, FBI, ATF, etc.) and charged with a crime in Federal Court, contact the Law Offices of Nicholas Loncar to discuss your case with a skilled Los Angeles Criminal Defense Attorney.  Federal cases are serious and carry very severe consequences, but you do not have to fight your case alone.

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

Published By: Nicholas Loncar | Written by Nicholas Loncar