ADVICE FROM A LOS ANGELES CRIMINAL DEFENSE ATTORNEY
A police traffic stop can be a scary experience.  Another person with a gun and the authority to city and/or arrest you has decided to make contact with you.  It is perhaps the most frequent and most obvious example of the government intruding on our freedom and privacy.  But hopefully the following tips can make it a little less frightening.  Knowing your rights during a pullover empowers you.  Confidently, but respectfully asserting those rights can improve the outcome of your police encounter. 

Never admit to breaking any law, even a minor traffic violation
A police officer has stopped you because he or she believes you violated a law.  Police are not interested in finding out why they might be wrong, but are rather gathering every piece of evidence they can find that says you're guilty.  Admitting guilt gives the government perhaps the strongest pieces of evidence it needs to convict you.  If a police officer asks "do you know why I pulled you over?" or "do you have anything illegal in the car?" they are trying to elicit an incriminating response.  If an officer suggests that you will be better off telling the truth, the officer is likely lying.  Do not answer an officer's questions; instead, ask questions of your own (e.g.  "why am I being pulled over?"; "have I done something wrong?"; "Am I being detained, or am I free to go?"

Keep your identification and documents easily accessible
If tracking down your driver's license, vehicle registration or insurance card takes you too long, you will be unnecessarily extending your traffic stop.  A longer traffic stop is not only aggravating for the officer and frightening for you, but gives the officer more opportunity to investigate you.  A longer time at your window could alert the officer to odors coming from your car or person.  It can also give the officer a longer opportunity to ask you questions and elicit incriminating responses.  Help make your traffic stop brief by keeping your documents somewhere where you can quickly reach them.  Do not clutter your glove compartment. 

Do not consent to searches
Most police person or car searches are conducted without a warrant.  Most of those warrantless searches involve consent.  You may not realize that you're consenting to a search when the officer, who has already entered your vehicle says: "you don't mind if I look around a little bit."  Your silence there is generally accepted as consent.  Voicing that you do not consent to any searches may not deter a search, but can provide the basis for a motion to suppress evidence (and that motion could get any charges against you dismissed).

Be polite and respectful
Police officers are not always respectful and cordial when they conduct traffic stops.  But the law doesn't require them to be.  While it is vital that you assert your rights and do not let the officer take advantage of you, yelling, cursing or otherwise disrespecting the officer will not help you.

Document what happened
If you're issued a citation or arrested after a pullover, you'll want to make sure that you remember exactly what happened.  Take some time, as soon as you can, to write down what you remember while your memory of the event is still strong.  The officer will take detailed notes of their side of the story; you should do the same to help with your defense.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

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

By Nicholas Loncar

Most people are familiar with California's "Three Strikes" law, a policy which punishes repeat offenders more harshly and imposes a sentence of 25 years to life upon offenders with three "strike" offense priors.  What is not so commonly known is that the story of one man, Douglas Walker (pictured left), majorly inspired lawmakers to implement the stricter sentences the policy proscribes.  "Corrections" is a major misnomer.  Our prison system places very little emphasis on the rehabilitation of its inmates, and the "Three Strikes" law further abandons any hope of improving people during their time behind bars. 

A punitive system that ignores rehabilitation is deeply flawed.  Offenders repeating is as much an indictment of the system tasked with their "correction" as it is a statement about the individuals.  The failure of prison to rehabilitate inmates has been evident for a long time.  And lawmakers have failed to implement reforms. 

In 1992, Walker was involved in a robbery that left an 18 year old victim dead.  The victim's father would later lead advocacy for California's "Three Strikes" law.  Walker served a 9 year sentence for his role in that crime, but was most recently imprisoned for stealing a tool chest.  This week, he was released from prison, which has created some buzz.  The murder victim's family, as well as prosecutors are expecting that Mr. Walker will find himself in trouble again and are concerned for the safety of other potential victims at this time.

The author of the "Three Strikes" law has been quoted as believing that Walker will offend again.  If he does, the policy that gives up on people with multiple convictions could gain favor in the eye of the public.  The way that Walker lives out the rest of his life will undoubtedly have a profound impact on public opinion of the policy.  If Walker stays out of trouble and becomes a valuable, productive member of society, it would call into question the need for 25 to life sentences.  On the other hand, if he hurts someone, the public might wonder why he wasn't kept behind bars longer.

I wish Mr. Walker well and hope that he is able to stay out of trouble.  However, he has spent such a large portion of his life behind bars and is dragged down by his long rap sheet.  Finding gainful employment is difficult for ex-cons, but my faith in humanity extends even to repeat offenders.  Good luck, Mr. Walker.  The fate of many is in your hands.  Prove the lawmakers responsible for this mass incarceration wrong.

UPDATE:  In 2014, Mr. Walker was once again arrested, facing criminal charges, including a strike for criminal threats.  The case is currently ongoing.  Mr. Walker has not yet been found guilty.  Additionally, the victim in the case passed away from a drug overdose, meaning that the government may have a difficult time proving their case.  There are some recorded phone calls and other statements that may be used as evidence in the case, but it is certainly weaker without a victim to testify.  Of course a case can be prosecuted without victim testimony, otherwise no murderer could ever be convicted.  There is no evidence that Mr. Walker was, in any way, responsible for the victim's death, but there are certainly those who have their suspicions.

If you or a loved one has been arrested or charged with a strike offense in California, you need a passionate, aggressive, dedicated attorney on your side to fight for you.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.

Best,

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

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

By Nicholas Loncar

The phrase "innocent until proven guilty" might make us think that a defendant will only be jailed once the government can prove his or her guilt beyond a reasonable doubt.  Not so.  American's who are arrested for crimes are often held in custody for months, and sometimes years while awaiting a disposition in their case.

Often, when someone is arrested for a minor offense, they are released and ordered to appear in court at a later date.  For more serious offenses, however, defendants are often kept in custody during the court process.  The government may keep a person in custody to 1) assure that person's presence in court, and 2) to protect the public.  Luckily, pretrial detainees generally have a right to bail. 

Again, in a system that claims that people are "innocent until proven guilty," it certainly seems unfair that defendants are locked up, and forced to pay money before a court has found any evidence of the defendant's guilt.  Each county in California has a bail schedule, outlining the required bail amount for a specified offense.  Sometimes judges will set bail based on a defendant's charges, criminal history, facts of the case and other factors.  Bail can be denied in certain circumstances, or can be set prohibitively high.  Defendants have a right to challenge the bail at a bail hearing.  At a bail hearing, the judge may reduce bail or even release a defendant on his or her own recognizance (O.R.).  Additionally, the prosecutor may seek to raise bail, deny bail or restrict the source of funds to pay bail (for example, if the prosecutor suspects that the defendant's bail money would be coming from illegal profits).  At a bail hearing, the court assumes that the allegations against the defendant are true, further eroding the "innocent until proven guilty" ideals.

The good news is that your criminal defense lawyer can fight for you at a bail hearing, asking for a reduction or an OR release.  Additionally, having an attorney might stop you from having to go to court in some cases.  This might help to avoid increased bail or failures to appear, which will also lead to increased bail.

Bail is coercive.  In many cases, people plead guiltyin cases where they simply cannot afford the bail, often taking convictions for crimes they did not commit.  In these modern times, no one is really a flight risk, yet this process is used in order to coerce guilty pleas.  Defendants are offered deals where they will be released but have to take on other unfavorable terms.  This process is an abuse of defendants' trial rights.

If a defendant posts the full bail amount, he or she will be released pending a disposition of the case.  Win or lose, the defendant would get that money back.  But with bail often set too high for most people to pay in full, bail bonds services will post the full amount in exchange for a nonrefundable fee (usually around 10% of the total bail amount).

When a person has a warrant out for their arrest, the bail amount will typically have already been established before arrest or surrender.  Accordingly, someone with a warrant out for their arrest can prepare to post bail before surrendering to police or the court.  By having the full bail amount or a bail bondsman present at surrender, a defendant can be released within just a few hours of being taken into custody. 

It is important to note that in juvenile delinquency cases, bail is not a right.  Still, the process is similar to that of a bail hearing.  In juvenile cases, a "detention hearing" is held within two days of arrest to determine whether the juvenile will be released, released with supervision/conditions, removed from home and place in foster care or kept in juvenile detention while awaiting a disposition of their case.  The court will use the same factors (public safety and risk of flight) as well as considering the well-being of the juvenile in determining whether to release or detain a juvenile defendant.  While the juvenile and adult processes with respect to pretrial detention are similar, a juvenile cannot be required to post bail.

For more information on the bail process or any questions about your criminal case, contact my office for a free consultation.  Hiring a Los Angeles Criminal Defense Attorney before you bail out will give you a reduction with most bail bondsman from a 10% bond to 8%.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

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

By Nicholas Loncar

Yesterday marked two years since the legendary Joe Frazier passed away.  A great Champion, Joe Frazier demonstrated toughness, bravery and determination that simply eclipsed that of normal men.  At his gym, I got tougher, more confident and was taught a brawler style.  Brawlers can throw a mean punch, but must also be willing to get hit.  I wasn't taught to float around the ring and sting my opponent with a few jabs.  At Frazier's gym, if you weren't willing to take some punches, you were in the wrong sport.

The lesson: BE AGGRESSIVE - DON'T BE TIMID and it applies to criminal defense as well.  When criminal defense attorneys approach a case, we're presented with all of the government's evidence.  The police report will likely make it seem like the defendant is guilty and will refer to evidence of a crime.  At trial, however, the government has to go much further.  The prosecutor must prove each element of the charged offense beyond a reasonable doubt.  This is a high burden of proof, and the government has limited resources to prosecute thousands of cases.  It's up to you and your attorney to put up a fight. 

Surely there are instances where a plea bargain is the best outcome, but having an attorney who will start developing your case theory and preparing to win at trial is the best way to achieve a great outcome.  Whether through a trial win or enhanced bargaining position, preparing to fight a case and running the right motions are vital to a thorough defense.  In other words, your attorney cannot be afraid to take some hits to the face if you want to win!

There is a common understanding that public defenders have too many cases.  This is certainly true.  What is also true, however, is that prosecutors have too many cases as well.  The DA prosecutes all of the cases that the public defender has, AND all of the cases where the defendants are represented by various private counsel.  Though the DA does have extensive resources, they have so many cases that they must avoid spending too much time on an individual case.  A defense attorney with a small case load can file motions and set cases for trial, making the DA work hard to try to get the convictions they are seeking.  This gives the defense a lot of leverage and can help yield the best possible results in criminal cases.

If you have been arrested or charged with a crime in Los Angeles, contact our office for a free consultation.  An arrest, or criminal charges can be fought.  Let a Los Angeles Criminal Defense Lawyer fight for you and assert your rights and defenses on your behalf.  It could mean avoiding a conviction, it could mean avoiding jail time, immigration consequences and more.

Common Defenses to Crimes | Motions | Jury Trials | Preliminary Hearings

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

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

By Nicholas Loncar

David Eckert was stopped by police for a minor traffic violation.  Police didn't just issue Mr. Eckert a citation, but went on a witch hunt for drugs.  What Mr. Eckert was forced to endure as a result of their misguided suspicion is unbelievable.

Mr. Eckert was not only X-Rayed upon baseless suspicion that he'd hidden drugs in his anal cavity, but he was also subject to the most thorough cavity search I've ever heard of.  This case is just another example of law enforcement treating the penal code like a Bible, but the Constitution like toilet paper.

Upon police direction, doctors reached into Mr. Eckert's anus several times, gave him three enemas, searched his stool and even put him under to perform a colonoscopy. 

After hours of searching, there were no drugs found; calling into question the integrity of the officers who applied for the warrant and the magistrate who signed it.  If there had been some drugs recovered, a criminal defense attorney could file a motion to suppress the evidence, but the worse part is that this happened to an innocent man.  He might have recourse via a civil lawsuit, but there's a good chance that this case will never end up in any kind of court.  Officers were so eager to find drugs that they were willing to go to these extreme measures.  It is a perfect illustration of how flawed our criminal justice system really is.  As a criminal defense attorney, I proudly get to fight against that system every day and fight for my clients to get the rights guaranteed to them under the US Constitution.

With the Fourth Amendment guaranteeing our right to be free from unreasonable searches, I am having a hard time finding any way to define this search as reasonable.  Mr. Eckert's innocence certainly makes this case all that much more disturbing, but is this how our government should treat ANY citizen?  Is suspicion of drug possession really worth such an intimate intrusion?  Every signer of the Constitution would have second thoughts if they could have foreseen what the officers in this case did.


The War on Drugs has been a complete failure, but it actually causes more severe harm to innocent people than the crime it is meant to eradicate.  If you have been subject to what you believe might be an unlawful search, call our office for a free consultation with a Los Angeles Criminal Defense Attorney.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule 

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

By Nicholas Loncar

CALIFORNIA HOMICIDE ATTORNEY
Homicide is the killing of a human being.  Murder is often most associated with the term, but many homicides are not murders.  The death of another human being is the ultimate harm and often leads to serious consequences.  Death is always tragic, but not always criminal.  Below is an overview of the different California Penal Code sections dealing with homicide.  Again, Murder is in many ways the most prominent offense, but accounts for only some charged homicides.  All homicide charges are serious and require a knowledgeable, talented criminal defense attorney.

MURDER (PC 187)

Murder, is the unlawful killing of a human being with malice aforethought, pursuant to PC 187.  First Degree murder is typically charged for intentional killings, killings by use of bombs and other destructive weapons or killings that occur (even unintentionally) during the intentional commission of a felony (felony murder rule).  Second Degree murder also involves the willful killing of a human being, but is not premeditated.  First degree murder can be punishable by death if there are any aggravating circumstances present, including but not limited to: murder of multiple victims, hate crimes, murder of a police officer, judge, firefighter, witness, juror or elected official.  If not a death sentence, first degree murder is subject to punishment of 25 years to life in prison.  Second degree murder is punishable by 15 years to life in prison.  Murder is always a strike offense.

ATTEMPTED MURDER

Intending to commit murder is not enough for an Attempted Murder Conviction.  However, taking one direct or substantial step towards a murder.  Mere preparation is not enough.  Buying a weapon and even driving to someone's home is not enough.  Putting poison in a drink is enough, regardless of how long or likely it will be that the intended victim ever drinks it.  Additionally, it is important to note that attempted murder is only attempted murder with regards to the intended victim.  First degree attempted murder is punishable by life with the possibility of parole.  Second degree attempted murder is punishable by 5, 7 or 9 years in prison.  The difference between first and second degree attempted murder is the same as it is for murder: premeditation.

VOLUNTARY MANSLAUGHTER

Sometimes, even a deliberate killing does not amount to murder.  PC 192(a) Voluntary Manslaughter applies to passion killings.  This occurs when someone acts in the heat of the moment to voluntarily kill someone, but without the opportunity to think and form the intent required for murder.  Voluntary Manslaughter is typically reduced from a charge of murder, and is punishable by a maximum of 11 years in prison.

FELONY MURDER/DUI ("WATSON") MURDER

Unintentional killings can, under some circumstances still provide the basis for a murder charge or conviction.  If, during the commission of another felony, a defendant unintentionally kills someone, the intent to commit the felony transfers to the death.  Even death's caused by a co-defendant or a complete accident can be murder under California's felony murder rule.  Felony murder, is punished within the same range as murder.  First degree felony murder occurs when a death results from the commission of an inherently dangerous felony like arson, kidnapping, robbery, rape, etc. and is punishable by 25 years to life.  If someone accidentally kills someone during the commission of a lesser felony, they will be sentenced the same as second degree murder (15 years to life).

In addition to Felony Murder, an unintentional killing can be a murder under certain special circumstances.  If someone with a prior DUI kills someone unintentionally, while driving under the influence, that event may be charged as a murder (Watson murder).

INVOLUNTARY MANSLAUGHTER

A human being can kill another unintentionally, and still be culpable.  PC 192(b), Involuntary Manslaughter is the unlawful, unintentional killing of a human being during the commission of an unlawful act (not amounting to a felony).  Involuntary manslaughter is a felony, punishable by up to 4 years in prison. 

VEHICULAR MANSLAUGHTER

Traffic fatalities are truly tragic.  Accident's happen, but not all car-related death's are criminal.  Often, traffic fatalities involve a driver who has been drinking or is under the influence of drugs.  Law enforcement will jump to the conclusion that the driver with alcohol in his or her system was the cause of an accident and will almost always bring criminal charges under PC 191.5.  Intoxicated vehicular manslaughter under PC 191.5 is always a felony and is punishable by 16 months or 2 or 4 years in prison. 

Vehicular homicides not involving driving under the influence are charged under PC 192(c). PC 192(c) is a "wobbler" and can be charged as either a misdemeanor or felony.  The decision whether to charge as a misdemeanor or felony is up to the DA and depends on the defendant's criminal history and the facts of the case.  As a misdemeanor, PC 192(c) is punishable by up to 365 days in county jail.  As a felony, it can carry a sentence of 2, 4, 6 or 10 years in prison, depending on the recklessness of the driving and the defendant's criminal history. 

Feel free to contact my office anytime with any questions.  If you or someone you know has been charged with a homicide in California, it is vital that they have knowledgeable, aggressive representation.  Contact a Los Angeles Criminal Defense Attorney now for a free consultation.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

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

By Nicholas Loncar

In Southern California, driving is extremely important.  As evidenced by Los Angeles and Orange County traffic, our lives simply demand that we spend a lot of time in our cars.  At the same time, cellular phones have become a bigger part of our lives each year.

A decade ago, lawmakers were concerned about people driving while talking in the phone.  Driving while talking on the phone was thought to be too distracting and unsafe to allow.  Today, the thought of someone holding a phone to their head as they drive pales in comparison to the reality of what we are actually seeing all around us.

Phones do more than ever before.  We're not just making phone calls anymore, but are able to send text messages, e-mails, pictures and access the entirety of the wold wide web from mobile devices.  Now, that driver next to you isn't just talking to someone, taking part of their mind and attention away from the task of driving.  No.  Now, the driver next to you might also have his/her hands, eyes and full attention on their phone.  This raises new dangers, and I believe it will soon be the subject of significant legal changes.

Early efforts to deal with cell phone use while driving have been slight.  I've seen cops see me on my phone many times, but have luckily never been cited.  Could you imagine a police officer seeing you drink a beer in your car and letting it slide? 

Driving under the influence (DUI) laws have changed drastically over the past few decades and DUI has become one of the most zealously prosecuted crimes in our courts.  Not only was the legal BAC limit lowered to .08, but enforcement mechanisms like DUI checkpoints have substantially increased the number of DUI arrests.  Mothers Against Drunk Driving (MADD) has led one of the most successful lobbying efforts in our history, getting legislators to disregard our constitutional freedoms in favor of stricter penalties for and stricter enforcement of DUI. 

Would you be surprised to know that people are worse drivers while using their phones than while drunk?  A drunk with two hands on the wheel and two eyes on the road might be better than a teenager steering with his/her knee while trying to respond to a friend's picture on instagram.  Keeping your eyes on the road is imperative, but cannot be done correctly while texting or tweeting.  Additionally, a driver's attempt to hide that they're texting while driving by holding the phone lower only increases the danger!  Now they're looking even farther from where they should be looking.

We are lucky to live in such a technologically advanced age.  The solution to this problem might not be a legal one.  After all, alcohol hasn't changed much for thousands of years.  We cannot just invent an alcoholic beverage that makes driving under its influence any safer.  But just as hands free devices have improved driver safety while talking on the phone, there might soon be technology that addresses this concern (is there an app for that?).  But, it is that same technological advancement that puts us in such danger.

Laws are slowly becoming stricter.  Just looking at your phone while driving is now enough to get a conviction.  And while I am hopeful that we can solve this problem in a different way, I think that distracted driving laws will soon become much more severe than in the past.  Travel back in time to 1970 and see how many people believe that driving after two beers is likely to land you in jail.  Currently, fines for using a cell phone while driving are pretty low relative to other traffic infractions ($100 for cell phone ticket vs. $500 for a red light camera ticket!). 

Currently, first violations of VC§23123 (cell phone) and VC§23123.5 (texting) will not receive points.  The fine and driving record impact do , however, increase for repeat offenders.  Additionally, there are pilot programs, like the Phone in One Hand, Ticket in the Other movement aimed at exploring harsher penalties for these offenses.  If MADD gets involved, don't be surprised to eventually see these fines increase more than five fold.  Texting and driving could some day be a misdemeanor punishable by jail time and loss of license.  It's easy revenue for the government and would make driving safer.

Enforcing these laws has its obstacles, but most drivers are in plain view while driving.  The light from a phone at night, seeing a phone in a driver's hand and seeing a person look down repeatedly could all be used as evidence of distracted driving.  Moreover, phone records are easily available and could be used to demonstrate usage while driving.  Be safe.

IMPORTANT LINKS:
Los Angeles Superior Court  
Los Angeles Police Department

Best,

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

By Nicholas Loncar

Federal Courts have been on California's back for a while now about the overcrowding going on in the state's prison system.  The state has been asking for more time to reduce its prison population, while the Federal Courts have been reluctantly pushing the deadline back.  Well on Monday, the courts extended the deadline one more month.

While this might sound like an ultimatum, it appears that this extension was granted not in order to give California time to comply.  Rather, the extension was meant to allow for another (longer) extension.

Governor Jerry Brown wants the Federal Government to give California THREE YEARS to reduce the prison population, while inmate advocates obviously want less time than that.  Brown contends that the three year extension will allow for programs aimed at keeping people out of prison to work.  I'm skeptical that an effort was even made to that effect, and am extremely skeptical that it would work.

California has long resisted reducing the percentage of time an inmate must serve in prison from 85% to 66%.  Instead, California is asking for more time, and if they don't get it, will spend $315 Million this year to house inmates in private prisons and county jails.  Realignment last year moved many would-be state prisoners to the county jails.  While it is unlikely California will budge on the 85% requirement, it seems like sentencing reform would be a better solution than continued overcrowding or further bankrupting the state and burdening county jails.  Brown has also been opposed to having prisoners housed in other states, where it is cheaper than California's $50,000 a year to keep someone locked up.  Reforming sentencing enhancements like California's "Three Strikes" law would also go a long way, but does not seem to be on the horizon.

REALIGNMENT
Due to the Prison Overcrowding, the state passed laws allowing people to serve felony sentences of over one year (for nonviolent offenses) in the county jail.  This has further overburdened county jails, and left prison to house mostly violent offenders.  Still, sentences under California's three strikes law are so harsh that the prisons remain overcrowded.

EXPANDED FIRE CAMP
A Federal court has also ordered California to expand fire camp to some serious and violent felons.  This offers some strike offenders an opportunity for a shorter sentence.  The particular inmate would have to be found by the Department of Corrections to have a very low risk of flight or violence and determine that the person is suitable for a shortened jail sentence.

The US has more people behind bars than China, a country with four times our population.  Clearly we're doing something very wrong here in the self-proclaimed "land of the free."  Does Jerry Brown have the solution?  I hope so...but I doubt it.

LA County Jail Overcrowding

CA Department of Corrections

Best,

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

By Nicholas Loncar

If you try to fight a traffic ticket (speeding, red light, red light camera, stop sign, unsafe lane change, HOV violation, etc.), you might be surprised by what happens at your arraignment.

"Bail" was originally created to secure a defendant's availability in court.  The idea being that if someone puts up a sum of money, they have an incentive to return to court.  The possibility that a defendant might fail to appear at a future court date has taken a back seat lately to public safety concerns, and bail policies have changed to reflect public safety concerns.  Now, instead of just demonstrating that a defendant is not a "flight risk" the defense must also show that the defendant does not pose a danger to the public.

Bail is used for these purposes in California traffic matters.  If you don't show up to your traffic trial, your bail is forfeited and you are found guilty of the traffic infraction.  So bail does solve the Failure to Appear concerns a court might have.  At the same time, bail conditions can restrict someone's rights in such a way as to protect the public.  A condition of bail might be that the defendant may not drive, may not drive with any measurable amount of alcohol in the system, may not drive at night, etc.

Ultimately, though, bail in traffic matters achieves one thing: guilty pleas at arraignment.  If fighting your ticket costs more than paying it (and you have less time to come up with bail money than to just pay the fine), more people will plead guilty, more people will just pay the fine and the courts run more smoothly.  Although ultimately winning your case at trial means that you will get your bail money back, the idea of parting with your money before a conviction isn't appealing.  In some cases, defendants who need extra time to pay have to plead guilty because they wouldn't be able to come up with the bail amount.

This is one major advantage of retaining an attorney for traffic matters.  Not only does having an attorney represent you give you the best chance of avoiding a conviction, but it can save you time and money.  Bail money.  When an attorney enters his/her appearance on your behalf, you do not need to be present in court.  You save two days of your time and WILL NOT NEED TO POST BAIL.  Worst case scenario, you get more time to pay than you would have gotten otherwise.  Best case scenario, your case will be dismissed. 

If you've got traffic tickets in California, hiring an attorney might very well be your cheapest solution.  It definitely gives you the best chance at success, but you probably thought it was cost prohibitive.  With representation for traffic matters as low as $200-$300 per ticket, you should always at least consult with an attorney before paying $500 in fines or bail or before attempting to represent yourself. 

Best,

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

By Nicholas Loncar

LOS ANGELES CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
Yesterday, I wrote about what it means to me to protect the innocent.  The second major motivation for my passion for becoming a criminal defense attorney is that I believe people deserve second (and even subsequent) chances.  Our criminal justice system has succeeded in punishing many people, but has failed to rehabilitate in most of those cases.  I have previously written about the efficacy of incarceration here, but believe it alienates citizens and makes re-entry into society more difficult than it needs to be.

My first ever court appearance was a felony bail review hearing.  My client had been arrested for selling marijuana.  A felony, but not the crime of the century.  Unfortunately for my client, he had previously chosen to get a tattoo on his arm bearing the letters "M.O.B."  In Los Angeles, and across Southern California, tattoos are often assumed to represent gang affiliations, and my client's tattoo had gotten this young man with no record bail set at $300,000 (for selling marijuana in California). 

Of course "M.O.B." can stand fore many things.  But the government alleged that his tattoo meant "member of Bloods" and hence opposed a bail reduction for this now accused gang member.  After pouring through the police reports (and actually saying "money over bitches" in open court), I found the key piece of evidence to get my client out of custody: he was booked wearing a blue Angels hat.  With the Angels typically wearing red, it would be very strange for a member of the Bloods (affiliated with the color red) to wear a blue hat.  My client was released on his own recognizance and we had set any issues of gang affiliation aside.

A week later, he was arrested again for a robbery.  While his sentence for possession of marijuana for sales would likely have involved only probation, these new charges were much more serious.  And the first thing on my mind was that he wouldn't have been arrested again if it wasn't for me.  I didn't have any emotional reaction on behalf of the robbery victim, but instead felt guilty for the new situation my client found himself in.  Of course I knew that I wasn't completely responsible for my client's new charges, but also could not deny that had I not gotten him out of jail the week before, he wouldn't be facing a strike and possible prison time.

When I first met my client, I believed that he wasn't a gang member, and I believed that he deserved a second chance.  He didn't make the most of it, but he still had my full support even after the second arrest.  Most importantly, I did not let the situation affect my belief in second chances.  One person's failure to

I get clients, young and old.  Some without so much as a parking ticket on their records and others whose rap sheets require a good stapler.  Rarely is the best way to deal with a citizen to lock them up with all of the other people who have committed crimes and deny them opportunities in the future.  Expecting people to become model members of society after being treated like animals is not rational.  Some people need guidance; others, an awakening.  But I can't say there are a whole lot of people whose missing piece is time behind bars. 

I had the pleasure of representing a young man, recently who is not just a client, but a friend.  He has battled a drug addiction for a long time.  Among other punishment, he has been locked up.  During a probation violation hearing, we were able to convince the judge that his most recent arrest was a slip-up on his road to recovery, and that he was back on track.  His probation was reinstated and he has now been clean for over four months! 

His story and his struggle motivate me to fight for others to have that opportunity.  Knowing that along the way, I will encounter people who fail, I will continue to do what I can to help people move on from their contacts with the law. 

All I can ask or hope for is that I am able to continue protecting the innocent and of giving people second chances.  I am proud to be a Los Angeles Criminal Defense Attorney and fight for even the guilty!  People deserve second chances, and I fight to get them those chances.

If you've been arrested or charged with a crime, however serious, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

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

By Nicholas Loncar