LOS ANGELES CRIMINAL DEFENSE ATTORNEY
As a Criminal Defense Attorney, I don't always get the best reaction from people who have just found out what I do.  Well, here's my answer to "how can you do that?"

Criminal defense work is not the defense of criminals.  Rather, it is the defense of defendants in criminal proceedings.  The distinction There are two main manifestations of justice that have led me to the criminal defense field.  First, I believe that protecting the innocent from conviction and unreasonable government intrusion is the most important thing I can do for my fellow Americans.  Preserving our founding principles of freedom and liberty in the face of any danger.  Second, I am a strong believer in second chances.  This post will focus on protecting the innocent.  I will publish a follow up tomorrow about second chances.

The innocent man behind bars image is not a myth.  Sadly, it is often a very tragic reality.  Although there are no truly accurate means of measuring the percentage of wrongful convictions, this reality is far too common in the US.  I have written previously about the prevalence of wrongful convictions here.  Work by groups like The Innocence Project as well as the juxtaposition of our conviction rate against other countries demonstrate a major failure of our justice system to provide an effective effort to end wrongful convictions. 

Growing reliance on and availability of DNA evidence has freed many who were wrongfully accused.  Eyewitness testimony is among the least credible forms of evidence.  Yet juries are quick to rely on an eyewitness account.  In addition to DNA evidence, video and audio recordings of events are much more common than in the past.  These developments offer an opportunity to improve our guilt calculus and reduce wrongful convictions.  Police scare tactics often convince the innocent to confess due to police threats and deception. 

Thorough investigation and a dedicated defense attorney mean more now than ever before, and it is very exciting to practice law in this quickly-changing world.  Innocent people are accused of crimes, often due to faulty eyewitness testimony, but the growing presence of objective evidence available to the defense allows us to refute false accusations.  Rubin "Hurricane" Carter would never have been framed if the ATM camera that wasn't installed outside that bar for another 25 years had captured the events.  Prosecutors will go forward on charges if they feel that they have enough evidence.  Often, they feel they have enough evidence against someone who did not commit the crime.  And this is where passionate criminal defense comes in.

Admittedly, some of my clients have been guilty.  But it is through protecting their rights that I can protect yours.  If an innocent person was walking down the street and was then racially profiled, searched and detained (violated, essentially), there would be little recourse.  Sure, the police's victim could file a complaint (with the police), but ultimately, nothing will be done to restore the rights violation that occurred.  If, however, during that unreasonable search, the police do find drugs or a weapon, a defense attorney will file a 1538.5 motion to suppress the evidence.  The guilty defendant walks, but police are deterred from violating the Fourth Amendment rights of their citizens.

The signers of the US Constitution made it a condition of their grant of power, that the government not unreasonably intrude on the privacy of its citizens.  These rights have been in decline as our law enforcement agencies have grown, but are no less important than they were in 1787.  I am proud to protect those rights for my clients, as well as for the general public.  Criminal defense attorneys are protecting your rights whether you've ever spoken to one or not.  Television shows like Law and Order: SVU provide a very negative image of the profession I love, but I believe everyone deserves a thorough defense. 

It is true that having a criminal defense attorney on your side is most important when facing criminal charges or arrest, but your rights are being defended every day.  Proof beyond a reasonable doubt should be regarded as the high standard it was intended, and we need to protect our rights from encroachment by law enforcement.  We're working on it!

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

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 TRAFFIC TICKET DEFENSE ATTORNEY
Los Angeles traffic is pretty well known.  Haters from the rest of the country thing that LA is a smoggy parking lot where the ground shakes all day, every day.  And while a trip on the I-405 at rush hour might not always be pleasant, that's not the topic of this post.  Instead, I'll be explaining the traffic court process.

When you are issued a traffic citation, the officer will have you sign it.  This is your promise to appear in court on the date indicated on the citation. 

This first court date is called an arraignment.  You will enter a plea of not guilty, guilty or no contest.  If you enter a guilty plea, you will usually be sentenced to a fine amount that day.  You will have some time to pay, but expect the amount to be hefty.  Courts impose penalties and assessments that multiply the amount you know by about 5 or 6!.  So that $100 fine might end up costing you over $500.  A no contest plea will be treated as a guilty plea, but cannot be used against you in any civil proceedings (e.g. your alleged traffic violation resulted in an accident).

If you enter a not guilty plea, you will be setting the case for trial.  Don't worry, that's not as daunting as it sounds.  Your trial will last about 10 minutes and there won't be a jury.  The good news is: if the citing officer doesn't show up to court on your trial date, the ticket will be dismissed.  An attorney can also help to negotiate a lesser violation; one that doesn't add a point to your driver's license.  To set a case for trial, the judge may require you to post bail.  Again, having an attorney appear for you is a benefit here.  The attorney's appearance on your behalf ensures the court that the attorney will return to court when so ordered by the judge.  As it turns out, hiring a traffic attorney can actually be the cheapest way to handle a ticket.  You don't have to miss work twice and usually get to avoid paying bail to fight the ticket.  It also gives you the best chance of winning your traffic trial.

Older tickets, tickets with failures to appear, tickets that have gone to collections and more serious infractions pose unique challenges, and having an attorney could end up saving you a lot of money and saving your driver's license.  If you have a serious traffic matter, consider hiring an attorney who has experience in LA courts dealing with complex traffic matters.

If you've received a traffic ticket, contact my office for a free consultation and case evaluation.  Having a Los Angeles Traffic Ticket Attorney on your side can help you avoid points, costly fines and increased insurance rates.  Also saves you the hassle of going to court and waiting for hours to be heard.

IMPORTANT LINKS:
Los Angeles Superior Court  
Los Angeles Police Department
Department of Motor Vehicles

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 VANDALISM ATTORNEY
Vandalism is prominent in California.  From artists attempting to show off their skills, to couples, and for gang members to assert territory.  Some of it is skillful and can be called art, while some is just scribble.  Vandalism isn't just graffiti though.  The term is most commonly associated with writings or drawings done with spray paint or markers.  But broken windows, fences/doors during the course of another crime could be classified as vandalism as well.  Vandalism often involves damage to vehicles, including keying, slashing tires, breaking windows, etc.  Unintentionally destroying another person's property, even if negligently, is not a crime, but the offender may be subject to civil liability.  

Maliciously destroying, defacing or damaging the property of another is vandalism and is a crime in California pursuant to PC 594.  It can be charged as an infraction, a misdemeanor or felony.  PC 594.2 makes it a crime to possess a variety of different instruments commonly used to commit vandalism, but also must prove. the intent to use those tools to commit vandalism.  A first offense, where the value is below $250 can be charged as an infraction.  If the value is below $400, the crime will be charged as a misdemeanor and if the value is above $400, it will be a felony vandalism charge.  These values are often estimated by the police or property owners, but can be challenged by the defense.  Your lawyer can have independent appraisals of the damage done to contradict the government's claim to the cost of the damage.

In California and Los Angeles, it is also common for those charged with vandalism also to be charged with gang enhancements.  Gangs identify territory by use of tags on walls and street signs.  Others do it for revenge, anger, fun or boredom.  Vandalism cases often involve restitution, making the consequences pretty expensive and severe.  Your lawyer can help assert defenses on your behalf and negotiate to have the charges lowered or dismissed.  For misdemeanor vandalism violations, your lawyer might be able to negotiate a civil compromise dismissal, where the owner of the vandalized property agrees to withdraw prosecution once the vandalism was repaired or cleaned up.

Defenses include:  Mistaken Identity, Consent, Insufficient Evidence, False Accusations and more.

Additionally, in property crimes cases, repairing the damage can greatly mitigate the punishment.  In fact, it is possible to get a dismissal of a vandalism charge by working out a civil compromise with the victim and filing a motion for the judge to dismiss the case on the basis that the victim has been made whole.  Even without a civil compromise, the fact that restitution is made or that the damage is repaired can be a great tool for the defense at sentencing. 

Police don't always catch offenders in the act.  Sometimes paint stains on the hands or clothing, admissions of guilt and possession of tools are the evidence an officer uses to make an arrest and that the prosecution will use to file criminal charges in court.  If you've been charged with vandalism at any level, call my office for a free consultation and case evaluation.  We can discuss your case in detail, evaluate  your defenses and get started on protecting your rights.  You need a Los Angeles Criminal Defense Attorney to defend you against these charges. 

If you or a loved one has been arrested or charged with vandalism or another crime in Los Angeles, contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Lawyer.

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

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

Red light camera tickets are becoming a pretty big deal in California.  Is driving through a red light two tenths of a second after it changes really worth $500? AND a point on your license?

Purely to increase municipality revenue, these systems have virtually no effect on safety.  People don't usually run a red light consciously.  And if they do, they're probably interested in avoiding an accident regardless of a video camera.  While it might be nice to catch traffic collisions on camera, charging someone $500 for going through a light less than a second late (well before opposing traffic gets going) just bothers me.

These systems generally operate using loops in the road that detect when a car has crossed an intersection during a red period.  There are cameras that take photos and sometimes video of the car running the red light. 

It would seem a difficult ticket to beat.  Photographic or video evidence is hard to overcome.  But there are many defenses (identity of driver, blurry picture, short late time, and system problems).

More importantly, you may be able to ignore the notification altogether.  Your obligation to appear in court stems from signing a promise to appear on a ticket, issued by a police officer.  The camera that took a picture of your car didn't have you sign anything!  If you get a notice in the mail accusing you of running a red light, contact a local attorney before you do anything else.  It could save you a lot of money.

If you have received a red light camera ticket, consult with a Los Angeles Criminal Defense Attorney to discuss your best course of action.  If the ticket was issued in LA County (Culver City, Beverly Hills, Orange Line Metro, City of Walnut, etc.), ignoring the ticket may end up being your best bet.  Without proof that you got notice of the court date, the LA County courts will not send a point to the DMV or put a failure to appear hold on your license.  Not only does ignoring the ticket help you to avoid.

If you have already set up a court date, or if your ticket is in a county outside of Los Angeles (OC, Ventura, Riverside, San Bernardino all do report red light camera tickets to the DMV and will issue failure to appear holds if you ignore it), it may be in your best interest to have an attorney fight the ticket for you.  These tickets are not only costly, but come with a point that can increase insurance premiums, or lead to a suspension of your driving privileges.

Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.

LA Superior Court
Department of Motor Vehicles

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

By Nicholas Loncar

I frequently get questions from clients about civil demand letters that they receive from a store or a law firm representing a store.  If Wal-Mart catches you stealing some headphones, you can expect to get a letter demanding that you pay the store as much as $600-$700. 

These letters carry no legal authority.  Their demand for payment is not like a court order, does not oblige you to pay them their demand.  A demand letter is the first step in a civil lawsuit, but to get a judgment, the plaintiff must file a case in court.  For petty theft cases, the amount sought in court is generally pretty small and must be filed in small claims court.

This process is too costly and too burdensome for these retailers to reasonably pursue.  While there may be a few documented cases of a retailer following up on an ignored civil demand letter, the most likely scenario is that they will just keep sending you demand letters, and eventually give up.  These letters are standard-form and very inexpensive ways to handle their claims.  Their hope is that enough people will be so afraid that they'll comply with the demand and pay them money.  Filing a lawsuit requires: going to a courthouse, serving the defendant, paying applicable fees, appearing in court for hearings and more.

If you were also charged with petty theft, it might be possible to work out a civil compromise dismissal, whereby your Los Angeles Criminal Defense Attorney can negotiate with the store to get them to release you from criminal liability for a misdemeanor.  Paying their civil demand will not affect criminal charges unless specifically negotiated as part of a civil compromise, something different entirely from a civil demand.  If you have questions about these letters, feel free to call our office for a Free Consultation with a criminal defense lawyer.  213-375-3775.

Paying or not paying a civil demand letter will not likely have any effect on whether criminal charges are filed.  The civil action is handled by the store or their legal representation.  If the police were involved and you were cited or arrested, you will need to appear in criminal court to fight misdemeanor charges (or felony charges in some instances). 

For more information regarding theft offenses, please view my article on California Theft Crimes.  If you've been arrested or charged with a crime, contact a Los Angeles Criminal Defense Attorney for a free consultation.  We can discuss your specific case in detail, evaluate your defenses and determine your eligibility for local diversion programs.

Common Terminology, Common Defenses, Fighting a Case, Jail Alternatives, Diversion Programs

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 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

The purpose of this article is to highlight the importance of our Fifth Amendment protections.  We all enjoy the right against self-incrimination, but police see this right as an obstacle. 

There is a widespread misunderstanding of our right to remain silent.  People misunderstand the implications of an officer failing to read a suspect his/her Miranda rights.  But more to our detriment, most people misunderstand when to exercise their right to remain silent.  As a criminal defense attorney, the Fifth Amendment is an important part of my daily work.  But even for people other than lawyers, it is important to be aware of what these rights mean.

First, I'll address how the Miranda warning affects any potential criminal charges resulting from a police investigation.  When a suspect is in custody (not free to leave), police may not use statements that result from their interrogation at trial unless they have read the suspect the "you have the right to remain silent..." speech.  When officers fail to Mirandize someone, the whole case is not thrown out.  Rather, only statements made during custodial interrogation cannot be used as evidence at trial.  The officer can, however, still use those statements to justify an arrest or to help lead the investigation. 

Even after reading the Miranda warning, many police officers will employ deceptive tactics to get you to give up your right to remain silent.  DON'T!  Whether they are trying to build up to probable cause to arrest you or to get a confession after an arrest, one thing is for sure: they aren't trying to help you.  They want to arrest you and charge you with a crime.  Why would you want to help them with that?  Police are trained to use deceit and intimidation to get citizens to give up their important constitutional rights.  Our founders and framers fought hard to keep citizens free and valued liberty so much that it was written into the foundation of our government.  These rights are fast eroding, especially for those who are not aware of their rights and do not know how to effectively assert their rights.

Be aware and assertive of your rights.  Whether in a traffic-stop, checkpoint, or at a sporting event, avoid making any incriminating statements to law enforcement.  Do not answer any questions.  It will reduce the likelihood of an arrest and preserve more defenses in the event that you are arrested.  If you believe your rights have been violated and you are facing criminal charges, you need a passionate, aggressive criminal defense attorney on your side.  Contact the Law Offices of Nicholas Loncar in Los Angeles for a free consultation with a lawyer.

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 
Nicholas.Loncar@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
LA's courts are among the busiest in the country, and with harsh punishments jails have become overcrowded.  But did you know that this is actually good news for those sentenced to short stays in LA county jail? 

At first glance, you might think overcrowded jails will mean a very unpleasant jail sentence.  However, due to overcrowding, the Sheriffs are drastically cutting jail sentences.  Short jail sentences (90 days or less) are often served in less than a day!  Those sentenced to more than 90 days are typically required to do at least 20% of their sentence, but this is much less than the 50% time most county jails hang on to their inmates.  Measuring the exact early release date is impossible, and not guaranteed.  It is important to understand that earlier releases are likely, but also not to rely on any particular release date prior to the 50% mark.

The LA County Sheriff's department posts inmate information with a projected release date.  This date is almost always inaccurate, with inmates nearly always being released prior to the date projected due to overcrowding.  Inmates in on probation violations tend to serve more of their term than those in for a case for the first time.  In addition to the length of sentence, the offense an inmate was convicted of plays a big role in determining eligibility for early release.  Therefore, 90 days for a 2nd DUI (VC 23152), and 90 days for a probation violation on a robbery (PC 211) are not the same.  The DUI inmate will most likely be released sooner.  Additionally, having certain charges, like resisting arrest, or bringing contraband into a jail, makes it more likely than an inmate will have a longer stay in county jail in LA.

Because a defendant may satisfy misdemeanor fines with jail time as well, a short jail stay could earn someone thousands of dollars a day in some circumstances.  Of course no one wants to go to jail, but this information is certainly something anyone facing criminal charges in LA should be aware of.

PC 4019 Credits
Inmates in California jails generally get "day for day" credit, meaning that inmates will do 50% of their time.  Officially called "good time" or "work time" credits, these credits can be revoked for bad behavior but this is very rare.  Inmates can also earn shorter stays by working as "trustees" cleaning or working in the jail in some other capacity. 

Probation Violations
Inmates sentenced on probation violations usually do a bigger percentage of their sentences than inmates sentenced for first offenses.  When a probation violation is served alone, or concurrent to a sentence on a new case, it is likely that the defendant will do a little bit more time.

Serious and Violent Felonies
Convictions for violent crimes, strike offenses, felony domestic violence, firearm violations and other serious crimes often result in longer jail stays.  While the overcrowding problem still means that jails rarely keep anyone the full 50% of their sentence, but doing 30% or 35% would not be uncommon.

Jail Alternatives

If you've got additional questions for a Los Angeles Criminal Defense Attorney, contact the Law Offices of Nicholas Loncar for a free consultation with a lawyer.

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 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

LOS ANGELES WEAPON ATTORNEY
Carrying a concealed weapon or having an unlicensed firearm in your home or car can lead to serious felony charges.  An attorney with experience in suppression motions can assert your Fourth Amendment rights and get your case dismissed if the police lacked probable cause for a search.  Some examples of weapons offenses include: PC 25400 (carrying a concealed weapon), PC 25850 (carrying a loaded firearm in public), PC 29800 (felon in possession of a firearm), PC 30600 (assault weapon ban), PC 626.9 (possession of a firearm on school grounds) and PC 16590 (generally prohibited weapons), PC 21310 (carrying a concealed dirk or dagger), PC 417 (brandishing a weapon or firearm), PC 12022 (armed with a firearm during the commission of a felony), PC 12022.2 (possessing armor-penetrating ammunition), PC 12202.3 (using or possessing a firearm during certain specified sex crimes), PC 12022.4 (furnishing another with a firearm to aid in a felony), PC 12022.5, (personal use of a firearm during commission of a felony), PC 12022.53 (personal use of a firearm during the commission of a serious felony), 12022.55 (discharging a firearm from a vehilce), HS 11370.1, PC 29800 (felon in possession of a firearm) and more.

Weapon offenses often carry serious felony convictions, jail or prison time, future weapon restrictions and severe immigration consequences.  If you've been arrested or charged with a weapon offense, it is important to hire a passionate, aggressive and knowledgeable criminal defense attorney to defend you.

As with all possession offenses, possession of a firearm or other weapon is most effectively defended with a motion to suppress evidence.  If police lack probable cause or the necessary warrant for a search, your criminal defense lawyer can file a motion to have the evidence suppressed.  Without the physical evidence, many possessory offenses lack evidence and must be dismissed. 

Because many CA weapon offenses are possessory offenses, they can be difficult to defend, and skilled representation is key to helping you get the best result possible in your case.  If you have been arrested or charged with a crime, contact a Los Angeles Criminal Defense Attorney for a free consultation.

EXAMPLE:
Jacques is pulled over for speeding.  Jacques is not a US Citizen and has a loaded firearm under his driver seat.  Police ask Jacques if he knows why he is being pulled over.  He responds that he does not, denying speeding.  The officer then asks Jacques to step out of the vehicle.  Jacques drives an expensive car and the officer suspects that there might be drugs in the car.  Upon searching the car, without a warrant, the officer observes the handgun under the seat.

The officer here violated Jacques' Fourth Amendment rights.  The problem is that the same officer will write the report.  In the report, the officer can bolster the evidence of guilt or even lie about having seen the firearm in plain sight.  Without effective representation, Jacques may never know that his rights were violated or that the case against him might get thrown out.  Because Jacques is not a US citizen, a conviction of the gun charge will be considered an aggravated felony and subject Jacques to deportation.

At arraignment Jacques' attorney will get a copy of the police reports and immediately request more evidence from the police be turned over, including the dash video camera system often on police cars (MVARS).  Jacques' attorney will then use the additional evidence to point out that the officers violated Jacques' rights.  Over one of the next few court dates, Jacques' Los Angeles Criminal Defense Attorney will file a motion to suppress the evidence and show the court, through effective cross examination and independent investigation, that the police violate the Fourth amendment.  The evidence, and the case, will be thrown out.

If you have been arrested or charged with a weapon offense in Los Angeles or nearby in Southern California, contact the Law Offices of Nicholas Loncar for a free consultation.  213-375-3775
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 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

LOS ANGELES DOMESTIC VIOLENCE LAWYER
Domestic violence cases are especially complex and courts in California deal with them as such.  Heated arguments sometimes lead to false accusations.  At the same time, real victims of serious domestic abuse are often unwilling to come forward.  This makes Domestic Violence cases particularly difficult for law enforcement, prosecutors, victims and the accused.  Domestic Violence incidents are typically charged under one of two penal code sections.  PC 273.5 makes it a crime to inflict a visible injury on a spouse, cohabitant, former cohabitant, etc.

In LA, the District Attorney's office has a special unit assigned to domestic violence cases.  These prosecutors get extensive training in domestic violence cases, have generally smaller caseloads, and have a wealth of investigative resources at their disposal.  Not only does the arresting agency assign a detective to domestic violence arrests, but the District Attorney and City Attorney have investigators dedicated to pursuing defendants in domestic violence cases.

PC 273.5 can be charged as either a misdemeanor or felony and can carry a sentence of up to 4 years in state prison.  PC 243(e)(1), spousal battery, is a battery committed upon someone with whom the defendant has or has had a relationship.  Unlike PC 273.5, spousal battery does not require a visible injury.  PC 243(e)(1) is a misdemeanor and carries a sentence of up to one year in the county jail.  Moreover, when injuries are severe enough, the government can charge a Great Bodily Injury (GBI) allegation, which could add more years to a possible prison term.  All domestic violence offenses are also subject to the imposition of mandatory domestic violence and/or anger management counseling classes.  Other collateral consequences include firearm/weapon bans, immigration consequences and more.

Effective representation early on from a knowledgeable, dedicated criminal defense attorney is imperative in domestic violence cases.  With special prosecutors assigned to the cases, it is important to match the skill and attention that the law enforcement side places on domestic violence cases.  Through careful case management and powerful negotiation, your Los Angeles Domestic Violence lawyer can help you fight the charges.

The sooner after arrest that you get an attorney involved the better.  If the accusation was a false accusation and the complaining witness is willing to now admit that, your Los Angeles criminal defense attorney will have a private investigator interview the witness and get the truth out.  This statement can be used to influence the police, prosecutor or judge in different ways, all aimed at helping you avoid a conviction or jail time.

If you, your spouse, significant other or family member has been arrested for domestic violence charges in Los Angeles, you need a skilled, passionate attorney on your side.  Contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.  An arrest does not have to mean a conviction.  You have defenses and you have rights.  Let us fight for you.

Child endangerment and child abuse charges

NOTE:  
The District Attorney's Office and various City Attorney Offices in LA County often do not follow proper subpoena procedure.  A subpoena is only valid if personally served upon the witness.  What prosecutors often do is, they will send a letter in the mail, often insinuating that the witness will go to jail unless they appear at court.  

EXAMPLE:
Nate and Erica live in Los Angeles, Hollywood to be specific, and have been married for two years.  Nate works at a bar in Pasadena, and Erica is a graduate student at UCLA in Westwood.  They have a generally happy marriage, but, like all couples would occasionally argue about money, future plans, and other things that would occasionally annoy them.  One night, they got into an argument, and Erica threw a plate at Nate.  The plate hit Nate in the head, causing a small cut on the right side of his forehead.

Angry, Nate called 911 and told the 911 operator that his wife had thrown a plate at him.  LAPD officers arrived quickly and knock on the door.  Nate, though still bleeding, is not upset with Erica anymore and tells the officer that nothing happened.  The officers ask Nate to open the door, and he lets them in.  The police again question Nate and Erica about what happened, noticing the cut on Nate's head.  Nate says that he did not want to press charges and did not want the police involved. 

Despite Nate's desire not to have Erica arrested or prosecuted, Erica is placed under arrest for a violation of California's Domestic Violence laws, specifically, she was charged with violating PC 273.5 (felony), and held on $50,000 bail.  Nate bails Erica out of jail that night, and they hire a Los Angeles Criminal Defense Attorney in the morning.  The attorney advises Erica of her rights, the charges, what the DA will be looking to do in her case, and the different ways that they can proceed to best protect her from the charges. 

Erica's lawyer gets in touch with the investigating detective, urging that the matter be referred to the City Attorney as a misdemeanor, and not to the DA as a felony.  The detective agrees and the City Attorney gets the case and starts to make its filing decision.  At this stage, depending on the strength of evidence, it is possible that the City Attorney will agree not to file the matter at all, and hold an office hearing.  They might also file misdemeanor charges.  Due to Erica's lack of record and persuasive argument from her attorney, the City Attorney agrees not to file the matter.  Erica not only avoids a conviction or jail time, but does not have to even go to court.

If you have been arrested or charged with a domestic violence matter in Los Angeles or Southern California, contact the Law Offices of Nicholas Loncar today for a free consultation.  Having a passionate, knowledgeable attorney on your side, helping you assert your defenses and present evidence for your side gives you the best chance.  Call us to find out how a Los Angeles Criminal Defense Attorney can help you.  213-375-3775

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 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

LOS ANGELES JUVENILE DEFENSE LAWYER
Juvenile Justice can refer to two completely different judicial processes.  The juvenile dependency system is designed to protect juveniles from neglect and abuse by guardians.  The juvenile delinquency system covers cases where minors are arrested for crimes.

Juveniles are treated differently than adults when accused of crimes.  While a juvenile can be charged as an adult, generally speaking, offenders under the age of 18 will be charged as a juvenile.  The biggest difference between the adult and juvenile justice systems is the much greater emphasis the juvenile system places on rehabilitation.  It is important to note that like adults, juveniles have a right to be represented by an attorney at legal proceedings.

And while juveniles are afforded many of the same rights, there are no jury trials for juveniles.  The juvenile court process starts with a detention hearing (held within two court days of arrest), where it will be determined whether the juvenile must remain in custody pending a disposition of their case.  This is similar to the bail process for adults, except that bail is a right for adult offenders and juveniles do not have a right to bail.  The juvenile's attorney must demonstrate to the court that the juvenile is not a flight risk or a danger to him/herself and others.  If the judge does not release the juvenile, the hearing can be challenged and a re-hearing will be held within 3 court days. 

Serious offenses may proceed to a "fitness hearing" to determine whether the juvenile can be tried as an adult.  The juvenile version of a trial is called an adjudication.  A judge, not a jury, will be the fact-finder and determine whether the juvenile is guilty.  The government still has the burden of proving the juvenile guilty beyond a reasonable doubt in order for the judge to sustain the petition.  If the petition is sustained, the case will proceed to sentencing/disposition.  A sentence can be probation, fines, removal to foster care, and detention in camps or in a juvenile detention center.  If the petition is set aside, the no sentence will be imposed.

Even with the emphasis on rehabilitation, juvenile convictions can still be damaging.  In addition to fines and probation, sentencing for some juvenile offenses does include juvenile detention.  While most juvenile records can be sealed upon the minor turning 18, violent felonies cannot be sealed and can even be used as a strike during any future adult proceedings.

Juvenile cases are unique in several ways, but ultimately require passionate advocacy on behalf of the minor.  Prosecutors seek harsh punishments for juvenile offenders and it is important to have the best legal representation you can get.  Contact the Law Offices of Nicholas Loncar today for a free consultation with a Los Angeles Juvenile Criminal Defense Lawyer.

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 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar