 LOS ANGELES THREE STRIKES LAWYER California's "Three Strikes" law is more complicated than the name suggests. It's not exactly like three convictions and you're out. Only certain offenses, mostly violent felonies, are "strikes" under the law. Prior convictions for non-strike offenses do affect sentencing, but not in the same way that strike priors do. Another difference between the law and it's baseball namesake is that a batter isn't punished for the first two strikes. Not only do strike offenses generally carry high sentences, but they have a substantial effect on all future convictions. If a defendant has one strike prior, any new felony conviction could mean DOUBLE the prison term. A defendant with two strike priors faces a 25 to life prison sentence for a third strike conviction. The US Supreme Court has ruled the law constitutional, over 8th Amendment (right against cruel and unusual punishment) objections. For any Constitutional Law nerds out there, note that the court applied the rational basis test to these cases, effectively saying that a Bill of Rights Amendment is not a fundamental right that triggers strict scrutiny in judicial review. Three Strikes laws were popular in the early 1990s, but have been heavily criticized in recent years. These laws contribute to the mass incarceration plaguing the United States, often locking up elderly people for crimes committed decades earlier. Some examples of strike offenses include:
Strike offenses not only affect sentencing on future crimes, but also affect the good time/work time credits that inmates get applied towards their sentence. Generally, inmates do 50% of their time. Those convicted of strike offenses will often do more than 50%. Those convicted of a first offense for a violent felony must do 85% of their sentences. A strike prior would likely mean doing 66% of a sentence on a new felony, even if the new offense is not a strike. Three Strikes Law Put To The Test If you have been arrested or charged with a strike offense, or charged with any offense with a strike prior, it is important that you have a dedicated, knowledgeable Los Angeles Criminal Defense Attorney on your side. Contact the Law Offices of Nicholas Loncar anytime for a free consultation and case evaluation with a 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
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 CALIFORNIA CRIMINAL APPEALS LAWYER Sometimes in a criminal case, justice is not served. Judges make mistakes, prosecutors can behave unethically and defense counsel can fail to provide effective assistance. Appeals are not a way of reconsidering factual determinations, but rather a way to review decisions and aspects of law and procedure. To appeal a final judgment in a criminal case, the defendant must file a notice of appeal within 30 days for misdemeanors and within 60 days for felonies. If you fail to file a notice of appeal, there may still be an opportunity to appeal, but it will be more difficult. Either way, it is important to consult with an appellate attorney quickly. Your attorney will be able to file and argue a brief on your behalf. While an appeal is pending, someone convicted of a misdemeanor is entitled to bail pending appeal. Following a felony conviction, a defendant might be able to get bail pending appeal, but this is left up to the judge. Appeals are a complex process, and may involve working with the trial court, state appellate court, state supreme court and federal courts. Appeals rely more on research, writing an oral argument that persuasion as to facts. Appeals will often be centered around issues regarding a judge's interpretation of the law in a way that disadvantage the defendant. Appeals may be time-consuming and costly, but if you believe you've been wronged by a decision in court or were not adequately represented at trial, you might be entitled to a new trial and/or re-sentencing. The Appellate courts serve a very important function in making and enforcing rulings in individual cases, but it is also important to note the important function these courts serve in making and interpreting laws. This far-reaching function means that appellate decisions will make case-law that might affect future rulings in other courts throughout the state. Appeals of state convictions must first move through the state appellate process before a federal court will consider hearing an issue in a case on appeal. Because a person can first exhaust state appellate opportunities and then also pursue federal appeals, appealing a case can take many years. If murder cases and other serious matters, appeals are very common and often carried out as far as possible. Defendants in criminal cases are entitled to appointed counsel for appeals, just as with pre-conviction representation. Appellate appointed counsel can be among the most experienced appellate attorneys in the state. Private representation in appeals can be very expensive due to the vast amount of research, reading and paperwork involved in the process. If you wish to appeal a ruling or a sentence, contact a California Appellate Lawyer for a free consultation. The Law Offices of Nicholas Loncar, located in Studio City in Los Angeles might be able to help. 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 CIVIL RIGHTS ATTORNEY Constitutional rights play a prominent role in criminal defense casework. Criminal defendants' Fourth and Fifth Amendment rights are frequently at issue and can play a major role in the outcome of a case. Quite often, though, law enforcement officers will violate Constitutional rights of the innocent. When an unlawful search yields contraband, that evidence will be thrown out and the officer is deterred from conducting unlawful searches because of this exclusionary rule. But what about when an unlawful search (or other violation of civil rights) doesn't end in criminal charges? Those cases don't go to court and the rights violations go unaddressed. Well, that is largely true. Police frequently violate people's civil rights, but don't find what they're looking for. They do not write up police reports and the DA never files charges. So a judge never becomes aware of the violation. This is where complaints and civil rights litigation begin. Two of the biggest obstacles facing civil rights plaintiffs are proving quantifiable damages and dealing with governmental immunity from suit. If someone is unlawfully searched, interrogated or detained, they may not suffer the kind of injury for which a law suit can be filed. Additionally, lawsuits against government entities must overcome significant obstacles, including shorter statutes of limitations, caps on damages and more. POLICE VIOLENCE Perhaps the most common form of civil rights lawsuit is against law enforcement agencies for use of excessive force or wrongful death. Many instances of police violence, even those resulting in death, go unaddressed by internal affairs, and fewer yet result in any criminal charges. Still, there is an opportunity for justice, and that is in the filing of a civil rights lawsuit. With more and more instances of police violence being captured on camera, the opportunity for justice to prevail is greater than it ever has been. UNLAWFUL ARREST Being arrested unlawfully can also provide grounds for a civil rights lawsuit. Often paired with injuries due to police brutality, an unlawful arrest can result in serious consequences for people, including loss of employment, defamation and more. PROSECUTOR AND JUDICIAL MISCONDUCT A wrongful conviction resulting from a judge or prosecutor abusing their authority, hiding or destroying evidence and more can be grounds for civil rights litigation. Instances of prosecutor misconduct have been uncovered recently in Orange County, where the District Attorney's office has come under intense scrutiny for several instances of falsifying and hiding evidence. People are wrongfully convicted at an alarming rate, and something must be done to deter this unethical conduct. When a rights violation is severe and the plaintiff can show an actual injury, it is possible to get compensation. Consult with a civil rights attorney to discuss a potential claim. 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 There are three different levels of public offenses in California state courts. Infractions are the least serious. Infractions are punishable only by fines and not by any jail time. Common examples of infractions include speeding tickets, jaywalking, littering, etc. Infractions are also often viewed as not being criminal convictions. Someone charged with an infraction has a right to contest the charge and present evidence. As jury trials are not considered a right in infraction cases, so a judge will decide the issues of fact and law in an infraction trial. The government must still prove each element of the offense beyond a reasonable doubt, but infraction courtrooms are far less formal. Often, there will be no prosecutor at all. The most serious punishment with many infraction cases is the impact on the defendant's driving record/privilege. The DMV tracks points for traffic infractions and can suspend a license upon accumulation of too many points. Additionally, points can affect car insurance rates and lease terms. LOS ANGELES MISDEMEANOR LAWYER Misdemeanors are significantly more serious. Not only are misdemeanors punishable by up to one year in the county jail, but a misdemeanor conviction is a criminal conviction. This can affect employment, licensing, school and more. LOS ANGELES FELONY LAWYER Felonies are the most serious offenses and carry the most severe consequences. Felonies include everything from possession of certain kinds of drugs up to rape and murder. Felonies are punishable by more than a year in state prison. This does not mean that if convicted of a felony, one would have to serve more than a year; convicted felons are often sentenced to shorter jail stays or with no jail time at all. Felony convictions also carry severe collateral consequences, affecting voting rights, gun rights, and having a substantial effect on employment prospects. Certain crimes can be charged as either felony or misdemeanor ("wobblers") or infraction or misdemeanor ("wobblette"). In these circumstances, the charging prosecutor has substantial discretion and will consider the facts of a case, the value of any stolen/damaged property and other factors when deciding how to file a case. A few examples of "wobblettes" are trespassing (PC 602), petty theft (PC 484 or PC 488), appropriation of property (PC 485). Some common "wobblers" (misdemeanor/felony) are possession of methamphetamine (HS 11377), assault (PC 240), vandalism (PC 594), and burglary (PC 459). If someone is convicted of a felony "wobbler", they may be eligible to have that felony reduced to a misdemeanor. More information on keeping your record clean. If you have been arrested or charged with a crime in Los Angeles or Southern California, it is your right to have an attorney represent you. 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 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar The US has very high conviction rates when compared with much of the world. One explanation is that our police perform better investigations and gather evidence better than police in the rest of the world. The other view is that we're really not as free. Not only do we lock up the most people in the world, but our revered criminal justice process yields a higher rate of conviction as well. A more direct approach is to look at one of the most common causes of false conviction: mistaken eyewitness testimony. But are there flaws in our justice system that could be fixed, and might yield better results? There is no denying that wrongful convictions are a horrible thing. In addition to the innocent person's suffering, there is also the problem of the guilty person going free. Still, we often hear arguments from judges and prosecutors against reforms that would reduce wrongful convictions. Some of them just don't think wrongful convictions are that common, and some just don't care. Mistaken eyewitness identification is one of the main culprits at play when discussing wrongful convictions. Jurors are quick to rely on eyewitness testimony and witnesses are quick to testify that they're "sure" of an ID. But suggestive circumstances (like handcuffs, or being in the back of a police wagon during initial ID), poor viewing conditions, and many other factors make this testimony all the more unreliable. A system with a zealous advocate for guilt (prosecutor) makes the criminal justice process adversarial rather than inquisitive. The prosecutor wants to win and wants to convict and can influence the fact-finder. While the burden on the government is supposedly so high, no one really knows what reasonable doubt means. Defense attorneys and prosecutors will use a part of their closing arguments to give different opinions on what the phrase means, but jurors are still left to decide for themselves. One notable procedure here is that the prosecution gets to deliver their closing argument last in the US (this is in stark contrast to some other countries like Germany and France). Not only does the prosecution have the first opportunity to speak to the jury with their opening statement, but they get the final word as well. This immense tactical advantage is another major reason for wrongful convictions. This is why criminal defense attorneys are so important. Not only do criminal defense attorneys protect innocent people falsely accused of crimes, but also protect the rights and civil liberties of all Americans. Cases of true factual innocence are more likely to revolve around the issue of reasonable doubt. Reasonable doubt about witness identification, alibi, and many other areas of substantive evidence could save an innocent person from a guilty verdict. The problem, however, is that after the defense attorney raises reasonable doubt questions in the jury's mind, the prosecutor gets the final word, and spends the final 40 minutes of the trial telling the jury that they "must" convict. 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 Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Determining "reasonableness" of searches has been a strong focal point of the United States Supreme Court throughout history. The Fourth Amendment creates the greatest protection for searches of homes, almost universally requiring a warrant to search a home. Car searches tend to be "reasonable" more often and are generally performed without a search warrant. The most intrusive of all searches, however, even more intrusive than a search of one's home, is a search of one's body. A pat down requires a very low level of "reasonable suspicion" in order to be justified. But what about a cavity search? Could the government possibly do anything more intrusive than shove their fingers inside a person? Well it happens (see the video below). Unreasonable Search and Seizure Issues: Stop and Frisk and Search of Persons What constitutes a search? Consent Searches Search of Vehicles and Effects How to Suppress Evidence Search and seizure laws have long been a big interest of mine. From traffic stops, to DUI checkpoints, to home and car searches, our Fourth Amendment rights protect us from unreasonable intrusion by law enforcement. We cannot be stopped at all without reasonable suspicion and a search that goes beyond a pat down for weapons requires probable cause. Still, these protections have been undermined to the point that we don't have the freedom we were promised. I'm just going to throw a rule out there and see if the Court will some day catch up to it. Reaching into someones anus or vagina to find drugs is per se unreasonable. Why would we permit sexual assault or battery in order to prevent drug possession? And when that drug is marijuana, we're talking about pure insanity. The vast disparity between the serious offense being committed by the police and the benign offense they seek to prevent/uncover is something that should draw national attention, and force some change. Thomas Jefferson would write a new Declaration of Independence if he saw this video. And if anyone belongs in Prison, it's cops like these. President Obama has shaped the US Supreme Court with his nominations, and hopefully the current group of justices will revisit this issue and specifically ban this kind of practice. This practice occurs far too often. Inmates on their way into jails are subject to cavity searches every day, but it is important to note that this can happen on the side of the road, too. Without police accountability, this kind of behavior will continue. In fact, officers are trained to engage in this kind of ridiculous behavior. It has to stop. A small start would be getting evidence thrown out if it is recovered in this manner. But what if there is no evidence to uncover? What if a person is completely innocent and still gets violated like this by law enforcement? There needs to be a major overhaul to how police are trained and held accountable for actions such as these. 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  Most people really misunderstand the idea of "pressing charges" as it pertains to criminal law. Don't get me wrong, a victim's cooperation and statements are an important factor in the government's decision to bring criminal charges. But, contrary to popular belief the decision to bring criminal charges rests entirely with the government. After police investigate an occurrence and/or file a report, the prosecutor will review the evidence and choose whether to bring charges. If police and the prosecution each believe a crime has been committed, and believe there is enough evidence to convict, criminal charges are often filed, whether the victim wants the defendant to be prosecuted or not. By contrast, in regards to civil claims, a victim (or plaintiff) has exclusive control over the decision to file suit and seek relief for injuries. So, a victim's wish to "press charges" is a relevant, but non-dispositive factor in the charging decision prosecutors make. This debate frequently manifests itself in domestic violence cases. Domestic violence cases are unique in many ways, and many Los Angeles and southern California courthouses handle DV cases separately, in their own court rooms. Determining what actually happened in these cases can be difficult. Sometimes, a victim of abuse from a loved one is unwilling to come forward or cooperate in criminal proceedings. Conversely, there are false accusations, used to "get back" . Prosecutors are inclined to believe victims, but bear the difficult task of trying to figure out which victims aren't being truthful. They don't want to charge someone they think is innocent, but do not want to ignore an incident if they believe a crime has been committed. Victims recant their accusations, and prosecutors are left to decide whether the initial police call during a fight or the later-expressed opinion that is true. Since it was the victim's phone call or waving down a police officer that often initiates criminal investigation, why is their opinion the the matter later ignored? Should the victim's choice end there? Is an instant reaction more trustworthy or otherwise more important than a decision made later? Theft is another example where a victim's choice is limited. The defendant is not guilty of theft if he/she had consent from the owner of the property to be in possession thereof. So, if I notice my car missing in the morning, call the police, and later find out that my roommate borrowed it, I could say that I actually consented to him having my property, and it wouldn't be a theft. Theoretically, however, a victim of theft could after-give consent to someone who stole their property. What if only after really thinking about it, I decide that I don't think my roommate was wrong to borrow my car, but only make that decision afterwards? What if the thing "stolen" has to value to its owner (e.g. fruit from a tree, with rotting fruit below it)? Should the owner be able to "dismiss" charges? There are problems with letting victims make all the decisions. Irrational victims shouldn't be able to set criminals free. Moreover, offenders would be able to buy a plaintiff's decision, having a disproportionate effect for poor victims and rich offenders. Another argument against victim control over the charging decision is the thought that we could let victims seek more punishment for defendants instead of less, but I would never advocate that level of victim impact on the decision. I merely believe a victim's desire not to press charges should have more force. Whether presented as a defense, handled within the prosecutor's agency or at argued at sentencing, I think there should be a mechanism for removal of the criminal charge or punishment by the victim. Perhaps the strongest argument against letting victims absolve a criminal defendant is that a victim's choice to proceed with charges would create resentment. But maybe that should be a condition of bringing criminal charges. There need to be checks for irrational decision-making, but if a statutorily defined "victim" doesn't wish to punish a defendant, how much power to create a wedge between them should the government have? Some would say it's fine the way it is, but I think there is a reason most people think they get to choose whether to press charges. There is something intuitively pleasing about the autonomy to decide for ones self whether you're a victim. The autonomy to decide whether someone else has wronged you to the point of it being a crime. California does allow for a "civil compromise" in some misdemeanor offenses, but not in domestic violence cases or public offenses. 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 Over 2400 years ago, Socrates died in a jail cell while awaiting his execution. For most of human history, incarceration has not been a form of punishment, but rather a place to await a different form of punishment (for Socrates, he was ordered to drink Hemlock, a lethal poison). Early governments executed, exiled, maimed or released their accused criminals, but extended incarceration has only existed for the past few hundred years. Today, no country locks up more of its citizens than the US. This is reflective of a complete failure by society, not just bad decisions by the individuals we lock up. I previously wrote about this disturbing truth here. Punishment is meant to achieve several things. Deterrence, rehabilitation, and public safety are some of the goals. The deterrent effects of incarceration are debatable. The idea is simple. People do not want to be locked up. If committing crimes means getting locked up, then people won't commit crimes. The biggest problem I see with this calculus is that the calculus is vastly different for different people. People of privilege will value their freedom over added income. At the same time, those who do not have enough to survive will disregard the risk of losing their liberty in order to feed themselves and their children. As an intern with the Defender Association of Philadelphia and with the San Diego Alternate Public Defender, I encountered many "criminals" who would vastly prefer a minimum wage job to their life of crime. Nevertheless, the opportunity isn't there. How many McDonald's restaurants are there for every lousy school that fails to educate thousands of people each year? Without higher education, employment opportunities are highly limited. As a criminal defense attorney in Los Angeles, I am in close contact with repeat offenders almost daily. In particular, I remember a conversation I had with a street level crack dealer. Our society has deemed these people to be among the worst human beings on our planet. We have this image of a drug dealer, driving an Escalade, wearing expensive clothes and jewelry and profiting heavily from the destruction their product causes individuals and communities. In reality, street level drug dealers typically make much less than $100 per day. This 31 year old man was risking his life and liberty every day just to provide for his child. The problem is that even unskilled labor requires more education than a lot of people are getting in American low income communities. Young people grow up seeing that the only way to survive, not prosper, but simply provide is to sell drugs. With the top 20% of our population controlling 98% of the money, what's left for the bottom 20%? How about the bottom 5%? The American Dream is but a cruel lie for far too many Americans. Now, lock them up for taking advantage of the only avenue they have left! Opportunity makes deterrence irrelevant for a large percentage of the people we lock up. I won't even bother to discuss rehabilitation. Inmate degree programs have shrunk in recent years and no one who is knowledgeable about incarceration in the US would dream that locking someone up in a county jail, state or federal prison is a method to improve that person in any way. In reality, the process makes citizens feel alienated, wronged and introduces them to an entrenched life of crime. If someone is undeterred by the threat of incarceration and winds up in jail or prison, their time in custody often helps to develop their knowledge and ability as criminals, not as citizens. Incarcerated individuals find the education, acceptance and acknowledgment they've been denied their entire lives in gangs and in continued criminal activity. Systematic incarceration of the poor and minority populations, rather than improved opportunities has put citizens too at odds with their government. People are born almost at war with their own state. This needs to change. Our government places so much emphasis on overpowering and instilling fear over and in its own citizens that it rises to the level of tyranny. Maintaining the wealth and privilege of the upper class has led to complete disregard for the well being of our society's poor. The comfortable decision makers in our society are happy to put the poorest people in our society through hell if it means their continued prosperity. It is better for them, but not society as a whole, if our government overpowers, rather than empowers its citizens. Education, not incarceration, is the answer to this country's crime problems. While roughly 3% of the world population is mentally gifted, 20% of the prison population is! Our government wants to break these people, but we would be much better off giving them the opportunity to succeed without crime. Long term incarceration may still be required and appropriate, but not at the levels and not under the conditions it exists today. Sentencing alternatives like probation, addiction counseling, work-release, community service and home monitoring need to replace a large portion of our jail and prison sentences. My feelings and thoughts on this topic could go on forever, so I'll stop here. Please feel free to share your thoughts, agreement and disagreement alike below. 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 idea of vigilante justice has always had some appeal to me. As a criminal defense attorney, I generally do not like the idea of punishment. So whether government sanctioned or of the vigilante variety, I believe that the idea of "getting even" is elementary. An eye for an eye leaves the whole world blind, but humans still have a deep yearning for retributive justice. When punishment is state sanctioned, there can be safeguards like due process to ensure punishment is appropriate. Or rather when the government decides punishment is appropriate. On the other hand, vigilante justice is theoretically flawed in that the decision to punish is made privately, by one person and often with little to no time for reflection. This desire to "get even" can lead to uncalled-for and excessive punishment. Moreover, some people cannot fend for themselves and need the government to protect them from crimes. In the US, there is very little room for an individual to get even on their own. We are expected to sue, contact the police...you know...snitch. We are supposed to let the government decide the remedy and implement the punishment it sees fit. So with the concession that government-sanctioned punishment provides due process and protection against misplaced and excessive punishment, why do I still have a soft spot for vigilante justice? Have I read too much Nietzsche? Am I just crazy? I do not like punishment, but admittedly prefer to see a victim become a punisher than to see the government take on that role. Despite a judicial process, punishment is handed out inequitably, improperly and without a true understanding of what that punishment will achieve. In particular, a government that claims to be a champion of freedom, but denies freedom to more of its citizens than any other nation in the world troubles me. Our criminal justice process leaves so much to be desired, that I actually prefer the problems associated with vigilante justice. Sure, the "weak" end up without adequate protection, but has our government shown the most noble intentions with its laws? In practice, criminal law in the United States has been set up to protect wealthy, white people and punish (very harshly) the poor and minority populations (see my blog article on US Prison statistics). Comfortable, upper class law-makers determine the appropriate punishment for crimes having never experience the crime or punishment. Still, we are expected to believe that these people will prepare a better system for protecting citizens and punishing those who harm others? If the government is failing to protect certain victims, what rights ought they have? Not legal rights as citizens of a government, but rather the inalienable human rights... I have long had deep and controversial opinions about vigilante justice, but was prompted to write this blog entry by the case of Kai the Hitchhiker, Caleb McGillvary. While the facts are certainly not 100% clear, Kai is accused of killing a New Jersey man. According to Kai's own facebook post, he had been drugged and raped by his "victim" prior to the alleged murder. If Kai did in fact wake up from being drugged and raped before (allegedly) killing his attacker, it would appear that our self-defense laws don't offer Kai any protection. Self-defense is limited to using force necessary to prevent imminent harm. Kai may be able to get his murder charge reduced to "voluntary manslaughter" or "passion killing", still a homicide and still punishable by significant prison time. A temporary insanity defense might help him avoid prison, but was his reaction actually insane? As Kai wrote in his facebook post, would you have reacted differently? What is the right way to react to waking up to realize that another person has drugged and raped you? Again, our government wants us to go to the police, but who are they to judge this man's reaction? State Senators more concerned with their afternoon tee-time have decided what punishment fits Kai's "crime". Would the police have believed Kai, a young, "homefree" traveler, accusing a wealthy attorney of rape? There are efforts to help Kai raise money for his defense and I urge anyone who reads this to try and get involved. For more information, start here at a facebook group set up to help Kai. I hope that those laudable efforts lead to Kai getting a powerful defense in this unjust situation. If his allegations are true, the thought of the government punishing him further should be terrifying to all of us. 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 SEX CRIMES LAWYER Sex crimes are a very hot button issue. Despite representing a small percentage of crimes that make their way to court, crimes involving sex draw a lot of attention. Just consider the popularity of television shows like Law and Order: Special Victims Unit. These shows make law enforcement officers and prosecutors look like champions of justice, fighting against the worst human beings in our society. Not to mention the slimy image they project onto defense attorneys. In reality, sex crimes are much different than how they are portrayed on television. As little as 5% of all rape cases involve the scary, "stranger-rape" scenario. Much more often, consent is a murky issue, clouded by alcohol and other drugs. False accusations are not uncommon and very harsh sentences can be improperly imposed on good people. Detectives who investigate sex crimes and the prosecutors who prosecute them have a highly difficult job in front of them. Often, the only witnesses are the alleged victim and alleged perpetrator, and their stories will contrast. There truly are many motives for false accusations, but police do not want to call an accuser a liar. Still, arresting and charging someone for a serious felony solely on the basis of another's accusation is dangerous. Anyone charged with a sex crime in California needs an aggressive, passionate and skilled attorney on their side. It is for this reason that sex crimes, more than any other, require early intervention by a criminal defense attorney. The detectives and prosecutors do have an interest in ascertaining the truth, but are still driven to arrest and convict. These people will not advocate on behalf of an accused rapist. PC 261 - Rape In California, rape is nonconsentual sexual intercourse achieved through force, threats or fraud. The majority of rape cases fit more into a date rape scenario and an accuser's testimony might be the only evidence of nonconsent and of force. If the rape victim is a spouse, then PC 262, spousal rape, is the charge. PC 288(a), oral copulation by force, is similar, but does not require intercourse. For rapes involving no force, it may be possible to get a probation sentence, but rape can carry a sentence of up to eight years in prison. Rape is a serious allegation, but these allegations are not always true. There are many motives for a false accusation and an alleged victim cannot withdraw consent days later if they consented to intercourse at the time. Regretful consent is still consent. Having a criminal defense attorney assert your defenses early could avoid filing of charges altogether, and can help you avoid a serious conviction if charges are wrongly filed. (More Info) PC 261.5 - Statutory Rape Sexual intercourse with a minor is rape in California. A minor, under the age of 18, is legally incapable of consenting to sexual intercourse. Many states have a cushion, whereby a 19 year old would not be guilty of statutory rape if they engaged in sex with a 17 year old, for example. This is NOT the case in California. In fact, even a minor who has sex with another minor is guilty of statutory rape. Because a minor offender would also be a victim, this is rarely charged, but it is important to note that there is no age cushion under California statutory rape law. (More Info) PC 243.4 - Sexual Battery Sexual battery is touching the intimate parts of someones body for the purpose of arousal, gratification or abuse. PC 243.4 is a "wobbler" and can be charged as a misdemeanor or felony. A conviction of felony sexual battery can carry a prison term of up to four years. PC 288 - Lewd Acts with a Child Touching a child (under 14) for sexual purposes is a felony under PC 288. This crime is severely punished with long prison terms and a "strike" under California's "three strikes" law. Children can falsely accuse someone of molestation. Sometimes, a third party will even encourage a child to lie in order to hurt another person. This is one of the most difficult accusations to defend because of the strong societal stigma involved and anyone charged with PC 288 needs a strong defense to avoid a long prison term. PC 288.2 makes it a crime to send text or picture messages to a child for purposes of seduction. PC 290 - Sex Offender Registration PC 290, known as the Sex Offender Registration Act, makes people convicted of certain sex crimes register as a sex offender for life. PC 314 - Indecent Exposure In California, Indecent Exposure is a misdemeanor, punishable by up to 6 months in jail and a fine of up to $1000. A second or subsequent offense can be filed as a felony. PC 647(a) - Lewd Acts in Public PC 647(a) prohibits lewd acts in public and makes it a misdemeanor. This charge can often be reduced to a trespass or disorderly conduct if not dismissed outright. PC 647(b) - Prostitution/Solicitation Undercover stings target prostitution and solicitation for prostitution. Merely offering or agreeing to a transaction involving sex for money is a misdemeanor. This is an embarrassing charge to have on your record. There is often a strong defense because prostitutes frequently use ambiguous language. Sometimes, people act like they are soliciting prostitution, but they are not serious about actually going through with it. MORE on Prostitution Crimes If you have been arrested or charged with a sex crime in Southern California, 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 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar |
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Law Offices of Nicholas Loncar
1200 Wilshire Blvd
Los Angeles,
CA
90017
Phone: 213-375-3775
URL of Map Useful LA Criminal Defense Resources:
LA Inmate Locator LA Superior Court LAPD Online LA County Law Library LA Felony Bail Schedule LA Misdemeanor Bail Schedule |