Los Angeles is a large county with 29 different criminal courthouses and a large number of different law enforcement agencies.  Unlike many other large cities, the City of Los Angeles does not occupy an entire county.  in fact, LA County has many other cities, including large cities like Long Beach, Glendale, Santa Monica, and more.  Law enforcement begins with the police departments who make arrests and investigate crimes.  Cases are then prosecuted in court by various prosecuting agencies.  All criminal cases in LA County are prosecuted in branches of the LA Superior Court.

FELONY PROSECUTIONS
In LA County, felony cases are almost always prosecuted by the Los Angeles County District Attorney's Office.  The District Attorney is an elected position in Los Angeles, currently held by Jackie Lacy.  The DA's office is organized into various branch offices and units.  In some instances, the California Attorney General's office will prosecute crimes that occupy more than one county within the state.  For cases that could potentially be filed as misdemeanors or felonies, the District Attorney will usually get the first opportunity to file or reject the case.  When the District Attorney declines to file felony charges, the case may still be filed as a misdemeanor.  More about felonies and misdemeanors.  Those facing felony charges could suffer very serious consequences, and need a passionate, aggressive attorney on their side to protect them from prosecution.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.

MISDEMEANOR PROSECUTIONS
The District Attorney's Office does handle some misdemeanor prosecutions.  Cases originating out of unincorporated sections of LA County or cities that do not have their own misdemeanor prosecutors.  In the City of Los Angeles, the Los Angeles City Attorney handles misdemeanor prosecutions.  This is a very busy job, with a vast majority of DUI, hit and run, driving on a suspended license, and domestic violence cases being misdemeanors.  Additionally, since the passage of Prop 47, all drug possession and theft of property valued below $950 cases are now misdemeanors.  Many municipalities within Los Angeles have their own prosecuting attorneys for misdemeanor cases.  Among them are:  Burbank City Attorney, Pasadena City Prosecutor, Santa Monica City Attorney,  The DA prosecutes misdemeanors in Beverly Hills, West Hollywood, Malibu, Topanga Canyon, Los Hills, San Fernando, Santa Clarita, Lancaster, Palmdale, Glendale, Altadena, most of the San Gabriel Valley, East Los Angeles, Pomona, Compton, Culver City and more.  Misdemeanor charges can still carry jail time, leave a criminal record and affect employment and professional licensing.

LAPD - LAW ENVORCEMENT IN LA CITY
The Los Angeles Police Department (LAPD) is the largest law enforcement agency in California, with over 10,000 sworn officers.  It is the third largest municipal police department after the NYPD and Chicago PD.  The LAPD provides law enforcement services to the City of Los Angeles Only, with 21 different stations, serving communities within the San Fernando Valley, the West Side, Hollywood, Downtown, Echo Park, Silver Lake, Los Feliz, Koreatown, Westlake, Venice, South LA and San Pedro.  There are also specialized units and task forces dedicated to specific types of crimes throughout LA, including air support, emergency services, major crimes, counter-terrorism, K-9 and more.  The LAPD has been frequently featured in popular culture, from movies and television shows to music.  Additionally, scandals have been widely publicized in the media, including use of excessive force and corruption.

LASD - COUNTY WIDE LAW ENFORCEMENT
The LA County Sheriff's Department is a county-wide department with a variety of different duties.  The Sheriff's department has over 9,000 sworn officers and over 18,000 total employees.  The LASD maintains the county jails, housing inmates who have been sentenced to county jail terms or await trial while held on bail.  Courtroom bailiffs are also deputies of the LA County Sheriff's Department.  LASD also patrols certain areas of LA County, including Lancaster/Palmdale, East Los Angeles, Malibu, Topanga Canyon, Lost Hills, Compton, and several other portions of LA County.  In addition, LASD has jurisdiction over crimes taking place at Metro stations and aboard Metro trains and buses.  Like the LAPD, LASD has been involved in many scandals, most recently resulting in the arrest and criminal charges against top-ranking officials, including former Sheriff Lee Baca.

CHP - STATEWIDE HIGHWAY ENFORCEMENT
The California Highway Patrol (CHP) polices the freeways throughout the State of California.  With over 7,000 sworn officers, the CHP maintains a strong presence in LA County, known for its traffic.  CHP officers conduct a large number of traffic stops for traffic violations, DUI and end up investigating a wide range of offenses that they discover during these investigatory detentions.  Highway Patrol officers are thoroughly trained in DUI investigations and typically conduct the most thorough DUI examinations.  Conversely, they may have less training and experience with other crimes.

INDEPENDENT CITIES IN LOS ANGELES HAVE THEIR OWN POLICE FORCES
The following cities in LA County have their own police departments: Burbank, Glendale, San Fernando, , , Beverly Hills, West Hollywood, Santa Monica, Pomona, Long Beach, Pasadena,San Gabriel, Monrovia,  Alhambra, Monterey Park, El Monte, Montebello, Arcadia, Azusa, Whittier, West Covina, Downey, Inglewood, Redondo Beach, Manhattan Beach, Torrance, El Segundo, and many more.  These cities have police forces of varying sizes.  Police departments in these cities have jurisdiction have complete jurisdiction over criminal law enforcement, except for highways (CHP) and Metro stations (LASD).  Additionally, the DA's office employs investigators who gather evidence of crimes throughout LA County.  Statewide and federal investigations/arrests can happen anywhere.

If you or a loved one has been arrested or charged with a crime in Los Angeles, it is important to have a passionate, knowledgeable criminal defense attorney on your side.  Contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

Home |Los Angeles Criminal Defense Attorney Nicholas Loncar | Practice Areas | Blog | Contact Us | Your Rights

Like many other professions, contractors in California must be licensed by the Contractors State Licensing Board, a division of the Department of Consumer Affairs (CSLB).  The CSLB is designed to oversee the work contractors do, to try to ensure the quality of work and business practices of contractors.  In addition to requiring and issuing licenses, and taking measures to control licensed contractors, the CSLB conducts sting operations to identify and punish unlicensed contractors.  Penalties can include large fines as well as criminal (both misdemeanor and felony).  The sting operations are becoming increasingly common, as the large fines involved in both the criminal and civil penalties are strong revenue generators for the CSLB.  Additionally, contracting without a license is very common in Los Angeles, giving the government a large pool of potential targets.  The CSLB is aggressive in Los Angeles.  Facing criminal charges of any kind is scary, and can be especially frustrating in contracting without a license cases.  Many attorneys simply do not have the familiarity with the contracting laws and/or business to understand the various levels of proceedings and consequences in contracting cases.

MISDEMEANOR CONTRACTING WITHOUT A LICENSE
Contracting without a license is a misdemeanor in California.  It can carry jail time and fines of up to $15,000.  A conviction for contracting without a license can affect licensing in the future, immigration applications, and finding a job.  If you or a loved one is facing misdemeanor charges for contracting without a license and must appear in court to fight a misdemeanor charge, contact our office for a free consultation.

FELONY CONTRACTING UNDER SOMEONE ELSE'S LICENSE
Though contracting without a license is a misdemeanor, contracting with the use of a licensed contractor's license can be a felony.  Additionally, misrepresenting to consumers that you are a licensed contractor can be a felony.  Felonies carry potential prison time, and can be serious identity theft/fraud cases.

LARGE CIVIL FINES
Business and Professions Code Section 7028.7  gives the CSLB the power to levy very high fines against unlicensed contractors.

DISCIPLINARY ACTION
In addition to criminal and or civil charges against an individual, someone who contracts without a license, with a n expired/suspended license, who allows another to use his/her license, etc. will be subject to disciplinary action by the CSLB.  According to Contractor License Defense Attorney Seth Weinstein, CSLB disciplinary actions can include revocation or denial of a license, suspension, reprimand, large fines, and criminal charges.  The authority for the CSLB's administrative disciplinary actions are found in Business and Professions Code Section 7118.

MORE ON CONSEQUENCES OF CONTRACTING WITHOUT A LICENSE FROM THE CSLB

Contracting without a license is not the crime of the century.  Nevertheless, these charges can have serious consequences.  You deserve an attorney who will fight for you to get the best possible outcome in your case and cares about the way this case will affect your life, both in the short and long run.  If you or a loved one is facing criminal charges in Los Angeles, call the Law Offices of Nicholas Loncar now for a Free Consultation.  818-646-8788.  In most cases, an attorney will answer your call, prepared to answer any questions you may have.  Hopefully you will find this resource helpful, but it is not substitute for legal advice.

PRACTICE AREAS | ATTORNEY PROFILE | BLOG

Bell Gardens Criminal Defense Attorney and DUI Lawyer
Located in Los Angeles County, Bell Gardens is bordered by Downey and South Gate. With a rich Native American history, Bell Gardens is one of the few LA County cities that allows casino gambling. Bell Gardens has big city amenities without the inconveniences that come with metropolitan living, and it is primarily a working class neighborhood with a mix of residential and industrial areas. This area’s criminal activity consists primarily of property crimes, specifically burglaries and thefts. Violent crime in Bell Gardens is generally low compared to surrounding cities.

Although Bell Gardens neighborhoods are generally safe, the city focuses on community communication with law enforcement, which potentially increases the amount of arrests and subsequent District Attorney filings. For example, the Bell Gardens Police Department recently announced a new smartphone application available for citizens to connect with the Department. If you or someone you know have been arrested in Bell Gardens, it is of utmost importance that you contact an experienced criminal defense attorney immediately. Be sure to check our Practice Areas page, where you can learn more about the areas of defense in which we specialize.

Common practice areas include: 
Drug Crimes , DUI - Drugs, Driving Under the Influence (DUI),Domestic Violence, Child Abuse, Theft Crimes, Forgery, Auto Theft, Violent Crimes, Weapons Offenses, Prostitution, Sex Crimes, Expungements, Probation Violations

Bell Gardens Law Enforcement
Bell Gardens PD can be distinguished from other city police departments in its approach to preventing and addressing crime. The Department uses the latest technology for creative problem solving – using modern policing for preemptively addressing issues within the community. The Department is divided into several units, including: administrative levels providing supervision; patrol units responsible for manning the streets; investigations units (divided into a general investigations unit and a special investigations unit; a gaming unit responsible for casino-related investigations; a K9 unit; parking enforcement unit; records unit; property and evidence; and a traffic unit.
Bell Gardens Police Department

The Department also facilitates community programs. The Explorer Program, which is affiliated with the Boy Scouts of America, allows girls and boys from the ages of 14-21 assist in various Department activities. The Neighborhood Watch Program enlists the participation of residents for the purpose of reducing crime within the community. Finally, the Volunteer Program allows community volunteers to participate in community meetings, while also assisting in clerical duties and software applications.

Bell Gardens Court
The residents of Bell Gardens are primarily served by the Downey courthouse, which is located at 7500 East Imperial Highway. The Downey courthouse is a full-service court, including: criminal, civil, small claims, and traffic departments. The Los Padrinos Juvenile Hall is also available to the Bell Gardens residents, and is located at 7285 Quill Dr. in Downey.
Downey Courthouse

KNOW YOUR RIGHTS  |  OVERVIEW OF THE CRIMINAL JUSTICE PROCESS  |  COMMONLY USED TERMS
AVOID JAIL TIME IN YOUR CRIMINAL CASE | YOUR RIGHT TO REMAIN SILENT | FIGHTING A CRIMINAL CASE

Frequently asked questions regarding juvenile offenses
My juvenile daughter or son was arrested – what are the police allowed to do?
Depending on the charges and evidence against the minor, the police can do basically the same things they would if the arrestee were over 18. The minor can either be booked and released back to your custody, or the minor may be taken to juvenile hall. If the minor is taken to juvenile hall, they will be allowed to make at least two phone calls within one hour of being arrested.

Does my child have the same rights as an adult?
Children do have the same safeguards that an adult arrestee is afforded. For example, if the police wish to question the minor, they must read the minor their Miranda rights. Just as an adult, the minor has the right to effective counsel. In addition, the parents of the arrested minor have rights. The police are required to tell you where your child is being held and what rights your child has.

I received a notice to appear, what happens at this hearing?
The notice to appear is most likely an appointment to meet with a probation officer.  In the worst-case scenario, the probation officer will send the case to the District Attorney – and let them decide whether or not to file charges. However, it is also possible the probation officer will simply lecture the minor and choose not to send the case to the DA. Alternatively, the probation officer may give the minor an opportunity to do counseling or community service instead of a more severe punishment, like time in juvenile hall.

Can my minor be tried as an adult?
Contrary to popular belief, minors can be tried as adults in some cases. Most of these circumstances involve egregious crimes like murder, rape, or arson – but a good criminal defense attorney will argue that the minor should not be tried as an adult. This is critical, because there are huge differences between adult and juvenile court, especially the sentences that are handed down if the minor is convicted.

California is one of several states that choose to implement split sentences in some cases. As part of California’s realignment of criminal justice policies, split sentencing allows the defendant to serve their sentence in two parts. California Penal Code 1170(h)(5) allows the court to sentence the defendant to serve part of their sentence in jail, and the rest under community supervision. This becomes preferable for the state in lieu of jail overcrowding, so it’s important that defendants understand whether they are eligible to receive a split sentence and potential consequences of a split sentence.  Split sentences apply to county jail prison sentences in felony cases.  For example, a person sentenced to 16 months in LA County Jail, would serve the first four months in custody (due to PC 4019 good time/work time credits) and then serve another four months on community supervision.   This is preferable to 8 months in custody for most defendants.  Split sentences are most commonly offered inserious drug cases and non-violent felony theft cases.

What does the community supervision portion entail?
Under the California Penal Code, part of the defendant’s sentence is suspended under community supervision. During this time of suspension, a probation officer supervises the defendant, and ensures the defendant complies with the terms, conditions, and general procedures of community supervision. As a mandatory portion of the defendant’s sentence, only the court can terminate the supervision period prematurely.

While community supervision may sound like probation, it is slightly different. Split sentences are different from probation and parole, in that the defendant actually receives credit for each day served under community supervision. This credit goes toward the term of imprisonment the court imposes. The credit also reduces the defendant’s term of imprisonment if they violate the community supervision requirements and returned to custody as a result of the violation.

How probation typically works:
Example: A defendant is convicted of narcotic possession, and is sentenced to three years on formal probation, and six months in jail. At sentencing, the court tells the defendant that any probation violations during this term will result in a two-year jail sentence. The defendant serves her jail sentence, but violates probation the day she gets home. As the court ordered, she will now have to serve a two-year sentence. However, she will receive credit for the six months she has already served. On the other hand, say the defendant almost makes it to the three-year probation term, but violates the conditions of probation on the last day of her probation term. She still has to serve the two-year jail penalty, and will still receive credit for the 180 days served, but she will not receive any credit for the time she spent on formal probation (out of custody).

How split-sentencing works:
Example: Using our same defendant, the court instead sentences her to a split two-year sentence, allowing release after six months. However, the rest of the sentence will be served under community supervision. Every day that she does not violate the terms of community supervision imposed by the court, her potential sentence upon a violation decreases. If she violates community supervision after two days of being released from jail (after her six-month sentence), she will serve another day and 183 days in jail. As you see, she receives credit for the two days she was out of custody and under community supervision.

Am I eligible for a split sentence?
Split sentencing sounds much more favorable than other types of sentencing, so who is eligible? Eligibility varies from state to state, and likely depends on the type of crime. Some states specifically exclude certain types of crime from split sentencing. Many states also disqualify certain defendants if they have several other convictions. In addition, defendants who are sentenced to a term exceeding 20 years is not eligible for split sentencing – simply due to the significant length of the sentence. This is where it becomes important to have a competent defense attorney. If your attorney can argue for a lesser conviction, you may be more likely to be eligible for split sentencing.

What are the pros and cons of split sentencing?
If the defendant is not confident that she can comply with the conditions of community supervision, split sentencing may not be the best route. Defendants are expected to follow stringent rules and regulations, so some defendants may prefer to just serve their time and be done – without the worry and monitoring that comes with community supervision or probation. In addition, defendants who have several crimes against them may be better off considering a plea deal. Again, obtaining an experienced, competent criminal defense attorney is the best way to get the most favorable outcome, which will depend on the facts of each individual case.

An overview of California PC 647: Disorderly Conduct
In California, the Penal Code sets out a laundry list of conduct the state deems serious enough to warrant misdemeanor charges. This list includes, but is not limited to: “lewd conduct in a public place,” “soliciting acts of prostitution,” (regardless of intent to carry out actual prostitution), “loitering in or about a public restroom for the purpose of engaging or soliciting in lewd or unlawful acts,” and intoxication in a public place (this includes alcohol and other controlled substances).

California PC 647(f) defines intoxication as “a condition [where a person] is unable to exercise care for his or her own safety or the safety of others… or [when the condition] interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.”

PC 647 also prohibits people from using holes or instruments to view any place where a person would have a reasonable expectation of privacy. This includes bathrooms, dressing rooms, tanning beds, etc. The Penal Code prohibits anyone from photographing or filming any identifiable person without the knowledge or consent of that person in an area where they would have a reasonable expectation of privacy. The Penal Code expressly sets out theories that cannot be used as defenses to these charges. For example, the fact that the person being charged under California PC 647 is a cohabitant, landlord, tenant, employer, employee, or business partner of the victim is irrelevant and cannot be used as a defense against a PC 647 charge. In addition, this charge will still stand even if the victim was not completely undressed at the time the crime occurred.

The minimum and maximum sentence for a PC 647 violation will vary depending under what subsection the defendant is convicted. However, the legislature has set harsh punishments for those who violate the privacy sections of PC 647 more than once. A second or subsequent conviction results in up to a year in county jail, and up to $2,000 in fines. Additionally, the above-mentioned punishment is applicable for first-time offenders whose victim is under the age of 18.

One of the more common convictions is 647(f) for public intoxication. Fortunately, there are some promising defenses for this common charge. First, the state must prove that your actions were a result of intoxication. A good defense attorney will successfully rebut any evidence the state admits for proof that your intoxication caused your actions. Rebutting this evidence can be done several different ways, and will depend upon the facts of each individual case.

Additionally, some officers are unaware what the legal definition of a “public place” is. This means you cannot be convicted under 647(f) for getting drunk and trying to fight someone in your backyard – or even on your porch, which are both deemed parts of your residence under the law.

California PC 415: Disturbing the Peace
Under PC 415, a person “breaches the peace” by doing one of the following: (1) fighting another person (or challenging a fight) in a public place; (2) Willfully and maliciously disturbing another person by loud and unreasonable noise; (3) Using offensive words in a public place (if these words are reasonably likely to provoke an immediate and violent reaction).

If you are charged under PC 415, it is likely that the prosecutor will agree to drop the charge to an infraction. Of course, this will depend upon the skill of your attorney, as well as the facts of your case. In addition, a charge under PC 415 is often the result of a charge reduction – meaning you were originally charged with something more serious, like domestic violence, but your skillful attorney is able to get the charge reduced to a misdemeanor under PC 415. If you end up being convicted under PC 415, the maximum penalties can be severe: up to 90 days in county jail; fines up to $400; or both county jail time and fines. However, it should be emphasized that PC 415 is more commonly used as a tool in negotiation with the prosecutor. This negotiation tactic is another fine-tuned proficiency of experienced criminal defense attorneys.

Although it sounds like a conviction under PC 415 is clear-cut and difficult to defend against, there are actually several available routes that an experienced criminal attorney will be well familiar with. Your attorney may prove that you lacked the intent necessary for a conviction under PC 415, that your behavior was protected under the First Amendment (particularly charges where your words are “likely to provoke” a violent reaction), or that you were simply falsely accused.

Read About Our Other Practice Areas  | Know Your Rights  |  Los Angeles Criminal Defense Attorney Blog

While most people understand that the state can prosecute someone who is involved in a crime, even if that person didn’t actually commit the crime – many people don’t fully understand the crime of aiding and abetting and accessory after the fact. Collectively, these areas of the California Penal Code are known as accomplice liability. In addition, many people don’t understand the difference between aiding and abetting and accessory after the fact.

Aiding and Abetting: Penal Code § 31
Under California PC § 31, “All persons concerned in the commission of a crime…whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission…are principals in any crime so committed.” Note that the accomplice does not even have to be present when the crime occurs to be prosecuted under this section. Note also, that aiding and abetting is simply a theory in which someone who helped commit a crime can be prosecuted. The act of aiding and abetting is not technically a crime in itself; it is simply a theory the prosecutor uses to charge the aider/abettor with the same crime as the principal.

Some obvious examples of aiding and abetting include the role of the getaway driver or a lookout during the commission of the crime. Even though the aider/abettor may not be committing the crime, he still plays a role in helping the crime be committed. Some of the more indirect ways an aider/abettor can be charged under section 31 include helping someone else who has committed crime come up with an alibi or giving someone information that you know will be used to commit a crime.

If the prosecutor can show that you promoted, encouraged, or instigated the commission of the crime, you may be charged with aiding and abetting. The best way to distinguish an accomplice from the principal in a crime is to look at whether there was some form of independent contribution to committing the crime or simply limited help or encouragement.

Aiding and Abetting Defenses
There are several available defenses to those being accused of aiding and abetting. First, a good criminal defense attorney will explore the available defense that you simply were not involved in the crime. If this defense is not applicable, an attorney may argue that your role was so limited that it did not amount to aiding and abetting. Because the prosecution has the burden of proving your involvement does amount to aiding and abetting, the defense will argue the prosecution has not met that burden beyond a reasonable doubt.

The prosecution may also attempt to portray your lack of preventative action as aiding and abetting. However, a good criminal defense attorney will prove that you had no duty to prevent the commission of the crime, and you therefore do not fall under the category described in Penal Code § 31. In some circumstances, the aider/abettor’s involvement is coerced under the threat of injury or death. In these circumstances, your attorney should demonstrate that the principal forced your limited role in the commission of the crime, and that you should not be charged with the offense. Another common argument is that the defendant should actually be charged under a lesser offense, like accessory after the fact. In addition, if you withdrew your participation in the criminal activity during an early stage of the crime, your defense attorney can argue that your involvement did not aid, promote, or encourage the actual commission of the crime.

Punishment
California punishes those convicted of aiding and abetting the same way it punishes the person who actually committed the crime. Even if you indirectly aid and abet, you will face punishment as though you actually perpetrated the crime in California. In fact, under PC § 31, the prosecutor actually charges the aider/abettor under the same Penal Code section as the principal. The only difference is that you are charged under an aiding and abetting theory.

Accessory After the Fact
CA Penal Code § 32 defines what an accessory after the fact (AATF) means under California law. If you assist someone who has committed a crime by helping them escape arrest or prosecution for that crime, you may be charged under PC § 32 as an AATF. Some examples include lying to the police, concealing or destroying evidence, and helping the perpetrator flee the crime scene. As a wobbler, this charge can be filed by the prosecutor as either a misdemeanor or a felony depending on the facts of each case, as well as the defendant’s criminal background.

If you are convicted of AATF, you may face the following punishment:
Up to $5,000 fine, and/or;
Up to one year in jail if convicted of a misdemeanor
Up to three years in jail if convicted of a felony

The available defenses basically track the elements of the offense. Since the prosecutor must prove certain elements, a good criminal defense attorney will attack at least one of the elements as not met by the prosecution. These elements are:
Someone committed a felony
You knowingly harbored, concealed, or aided that individual
Knowing that he/she had either committed the felony, was charged with the felony, or was convicted of the felony
In order to protect him/her from arrest, trial, conviction, and/or sentencing

As you can see, defenses are available for almost each element. For example, the defense can argue you did not harbor, conceal or aid knowingly, or that you did not know that person committed a felony, or that your intention was not to protect him/her from arrest, trial, conviction or sentencing. Of course, each case will be very fact-specific, and an experienced attorney will know which elements to attack for lack of evidence.

PC § 32 In Immigration Cases
PC § 32 can be used as pleas in immigration cases, and are actually be very favorable to the defendant, especially in cases where the defendant is being charged with drug or gun charges. Because drug and gun charges often result in deportation, pleading down to an accessory after the fact charge means the defendant may escape immigration proceedings. Accessory after the fact differs from other accomplice liability theories (like aiding and abetting), in that AATF does not take on the character of the principal offense. This means an AATF is not charged with the crime that was actually committed, and the character of the principal offense is not introduced in immigration proceedings.

While the obvious advantage of and AATF plea is that the plea does not take on the character of the underlying offense, it also will not cause deportability regardless of the nature of the underlying offense. There are some disadvantages to taking an AATF plea – for example, while AATF in a drug trafficking case is not a controlled substances charge, it may provide the government with reason to believe the defendant assisted a drug trafficker – which can negatively affect the defendant from ever obtaining legal status in the U.S. An experienced criminal defense attorney will be able to advise you regarding the advantages and disadvantages of taking an AATF plea based on the facts of your individual case.

Accomplice liability cases are common in DRUG CRIMES, SALE, TRANSPORT, CULTIVATION & MANUFACTURE OF DRUGS, THEFT CRIMES , GANG CASES, and more.

In November 2014, California voters passed Proposition 47 (Prop 47) by a wide margin, seeking to make all drug possession and thefts of under $950 into misdemeanors.  Prior to Prop 47, possession of cocaine, heroin, methamphetamine, marijuana concentrate and other controlled substances could result in a felony charge.  Additionally, shoplifters and other petty thieves could be charged with felony thefts, even for thefts resulting in little to no actual monetary loss to the victims.  In the time since Prop 47 passed, many drug possession and petty theft cases that would previously have been filed as felonies became misdemeanors.  With the lighter sentences and lesser severity of these charges, Prop 47 has the effect of lessening the load on California courts, the county jails, the California prisons, and the county probation department, saving tax payers money and allowing law enforcement resources to be better allocated to fight serious crimes.  An important impact of the shift from felony to misdemeanor of some of these nonviolent, often victimless crimes, is that cases that were once filed by the District Attorney's office as felonies became the domain of the LA City Attorney's Office and other local misdemeanor criminal prosecuting agencies (e.g. Burbank City Attorney, Pasadena City Prosecutor, Long Beach City Prosecutor, Santa Monica City Attorney, etc.).  With an influx of new cases for the misdemeanor prosecuting agencies, many of these agencies were forced to hire additional staff to handle the increased volume.  What did not happen is that the DA has not made any layoffs to reflect that they do not have as many cases to file anymore. 

The voters told the government that they do not need as many felony prosecutors because the kinds of cases being filed as felonies should not be a high priority (petty thefts and drug possession).  Rather than to accept this reality, the District Attorney's office in Los Angeles (and likely those in other California counties) is fighting back by filing cases that they really have no business filing.  These untrustworthy government employees place a higher value on their job security than they place on the liberty of the citizens they are supposed to protect and serve.  The District Attorney's office is supposed to represent the People of the State of California, but continue to ignore their voice, as they overcharge Angelenos so that it will look like we still need them.  There is no accountability for frivolous criminal filings, and unfortunately many of LA County's judges are 1. former prosecutors, and 2. also dependent on inflated filings for their own job security.

THIS CURRENT CLIMATE OF OVERCHARGING DEFENDANTS TO PROTECT GOVERNMENT EMPLOYEE JOB SECURITY MUST BE BROUGHT TO THE PUBLIC'S ATTENTION AND MUST BE BROUGHT TO AN END!

Here are some examples of how the DA's office is attempting to circumvent the will of the People to keep their cushy jobs:

1.  POSSESSION FOR SALE - Prior to Prop 47, a person caught with 3 grams of meth or cocaine would generally face a felony possession of a controlled substance charge.  Absent other indicia of sales (scales, packaged for sale, baggies, test messages, etc.), this possession would almost never be charged as possession for sale.  Since Prop 47, the law enforcement side does not want to submit to the will of the people and treat drug possession as a misdemeanor.  As such, cases are increasingly being filed as possession for sale, even where no evidence of sales exists.  This is being done in order to keep filing numbers up and avoid lay-offs.  Though I do not want to see anyone lose their jobs, seeing this tactic used to threaten people's liberty just so that others do not have to look for different work is beyond troubling and needs to be brought to public attention. 
More About CA Drug Crimes |  More About CA Drug Sales Offenses

2.  BRINGING DRUGS INTO A JAIL - Another, more intricate, way that law enforcement and prosecutors are still seeking to assign felony penalties to misdemeanor conduct is by arresting someone who has drugs on their person, bringing them to jail, then charging them with bringing drugs into a jail.  Several years ago, a drug addict might be approached by law enforcement for appearing to be under the influence or for possession of drug paraphernalia, and searched.  If drugs were located as a result of the search, the suspect could face felony charges.  Today, police have to live with the fact that simple drug possession is now a misdemeanor.  As such, what they are doing now is that they will arrest a person for being under the influence or for possession of drug paraphernalia, perform a minimal search at the scene, then bring the person to jail with the drugs still on their person.  This way, the suspect can be charged with a felony for "knowingly" bringing drugs into the jail.  It is of no consequence that the defendant will have been read their "right to remain silent" prior to being asked, at booking, whether they possessed drugs.  The law against bringing drugs into the jail was designed to deter visitors from trying to sneak drugs to an inmate, corrections officers from doing so, or to stop those who have a surrender date from hiding drugs inside their body.  The law did not intend for this application, and arresting people who happen to have drugs on them, then bringing them to jail and charging them with bringing drugs into the jail is a dishonest ploy, currently subject to heavier use to protect prosecutors' jobs.
More About Bringing Drugs Into a Jail Charges

3.  ESTES ROBBERY - This is not a new tactic by the DA's office to try to make shoplifting a very serious crime (a felony and a strike), but we can expect that it will now be used more frequently.  Previously, the DA could charge a felony theft for any amount by alleging that a shoplifter entered the store with the intent to commit a theft.  They could show this intent through admissions by the defendant, a lack of money to pay for the selected items, or by possession of tools to aid in the theft (tin foil lined bags, tools to remove sensors, etc.).  Prop 47 explicitly prohibits this kind of filing anymore.  If the value of stolen property is below $950, it can only be a felony if achieved by the use of force, a Robbery.  Robbery is a very serious crime because of the violence and/or threat of violence that is associated with a taking by force.  Many stores have loss prevention personnel who will use force to try to stop a shoplifter.  Shoplifters can be grabbed, tackled, struck, shoved, tripped, etc. and the store's security personnel will not face any criminal charges.  If the suspected shoplifter so much as pulls away from the grasp of store security, the DA's office may use that minimal use of force to charge a Robbery.  This despicable overcharging is done in order to seek punishment that does not fit the crime and to inflate felony filing statistics and protect the jobs of prosecutors and law enforcement. 
More About Robbery Charges | More About California Theft Crimes | More About Burglary Charges

4.  DISHONEST MATH - Just weeks after the passage of Prop 47, I had a grand theft case where my client was alleged to have stolen some property that added up to a value of $1000.  Due to a prior strike conviction, my client faced a minimum of 44 months if convicted of a new felony.  The DA charged my client with a felony and offered him the minimum.  We set the case for the preliminary hearing, spoke to the victim and determined that the value of the items in question was, without question, below $800.  Though I cannot say with any certainty that the bad math was intentional, it is clear that the officer, the filing DA, and the DA handling the preliminary hearing were acting with such zeal that they were blinded to some of the simplest math imaginable.  They wanted to charge a felony, and wanted to send my client away for 3+ years so bad that they either (1) lied about the value of the stolen property, or (2) were unable to add $400 + $200 + $200.  Notwithstanding the issue of whether these people are smart enough to be handling such a task, it is clear that they cannot be trusted and that a good defense is necessary in every felony theft case.  I recently had a similar case where the value of the stolen items was inflated to support a felony filing, without any evidence to support that inflated value.  I was able to get both cases reduced to misdemeanors, but their initial filing as felonies is no less troubling because of my diligence in defending my clients.  What of those who do not get dedicated representation?  Overzealous prosecutions cannot be permitted.
More About California Theft Crimes

5.  FILING WEAK CASES - Fighting even the weakest criminal case takes time, money and can have serious consequences for the accused.  The government's burden at preliminary hearing is so low, that the DA's office knows they can get people to plead guilty, even in the absence of evidence required to prove guilt at trial.  A person charged with a felony must wait at least three months to be brought to trial.  If in custody, there may be an opportunity to get out sooner with a guilty plea.  This results in many people pleading guilty to crimes that cannot be proven at trial.  These charges should not even be filed, but are due to job security concerns and a desire to keep filing statistics inflated.  Whereas the DA's office may have previously met certain accusations with skepticism, or would have wanted stronger corroborating evidence before filing a case, their loss of drug possession and minor theft offenses has left them hungry for filings.  So much so that they are willing to file cases rooted in untrustworthy accusations or otherwise without merit.

To say that a conflict of interest has arisen out of the passage of Prop 47 is an understatement.  Those with decision-making authority with regards to criminal filings cannot be trusted to execute that duty where their fair administration of the law would result in their unemployment.  These leeches must be directed from outside, from the community and from lawmakers, to cease this disturbing practice of overcharging civilians for their own financial gain.  The courts and the criminal justice system generally do not provide a sufficient check.  Write to your congresspeople, write to the media.  LET IT BE KNOWN THAT WE WILL NOT STAND FOR THIS INJUSTICE!

IF YOU OR A LOVED ONE HAS BEEN CHARGED WITH A CRIME IN LOS ANGELES, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY.  213-375-3775

Located in Los Angeles County, Temple City is located near Rosemead, Arcadia, and Monterey Park in the San Gabriel Valley. Temple City demographics include a strong Cuban and Puerto Rican presence, along with a rapidly growing Asian community. As a mostly residential community, the local government places great emphasis on community events that draw residents closer. From classic car shows to concerts in the park, community development is at the top of Temple City’s priorities. While violence crime rates are especially low in Temple City, it does see its fair share of property crimes. Temple City’s crime index indicates that it is safer than 60% of the cities in the U.S.

While Temple City does not experience many violent crimes, property crimes are almost an every day occurrence for the local law enforcement. Because property crimes are so frequent, Temple City law enforcement does not take these offenses lightly. This could mean dire consequences for those who have an otherwise clean record, or for those who are under an obligation to meet probation requirements. If you or someone you know is being accused of any crime in Temple City, check our Practice Areas Page for specialized criminal defense representation.

Temple City Law Enforcement
The Los Angeles County Sheriff’s Department’s Temple City Station is located at 8838 Las Tunas Dr. Its mission is to be fair and to enhance the public’s trust through compassion and professionalism by being a non-threatening presence within the community. The Department offers several resources to their community, including help with mental health, burglary prevention tips, activities leagues for youth, and even tips on how to avoid local fraud. In addition, the Department’s Public Trust Partnership Program conducts community surveys in order to reduce crime within the area and to enhance the residents’ quality of life. The most recent survey results indicate that the top priority issues within the city are gang activity, narcotic activity, and traffic enforcement.

Temple City Court
The nearby Alhambra Superior Courthouse and the El Monte Courthouse serve Temple City residents. The Alhambra Courthouse has both a criminal division and a small claims division, and is located at 150 West Commonwealth. This location has both a public defender’s office and an alternate public defender’s office – as well as pretrial services, probation, and a sheriff’s office.
The El Monte Courthouse is located at 11234 East Valley Blvd., and offers criminal and traffic services. This location also houses a pretrial services department, as well as probation, public defender, and sheriff’s departments.

Common Criminal Defense Myths Debunked
It seems as though everyone has an opinion or a theory regarding criminal defense. Sometimes these theories and beliefs are only half true, but there are some common criminal defense myths that are easily debunked. Here are just a few:

If you ask a cop whether he is a cop, he is required to answer honestly.
You may have heard that cops are required to reveal their identity if asked directly. However, generally, cops are allowed to lie in order to make an arrest. Although the accused does have certain constitutional safeguards, like right to counsel during custodial interrogation, an honest interrogator is not one of those safeguards. If this were true, then police would be unable to carry out sting operations. This means that once the accused is read their rights, it is imperative that he or she request counsel present – whether guilty or innocent.

If the arresting officer fails to come to court, your case gets dismissed.
The decision to continue with your traffic, DUI, or misdemeanor case in the absence of the arresting officer is completely up to the judge. While there is a better chance the judge will dismiss your case in the absence of the arresting officer, there is no guarantee. Some judges may give the officer additional chances to be present. However, if the State makes a motion to continue, and the judge denies it, then the prosecutor will have to dismiss the case if the officer was the basis of their evidence.

If the only evidence against me is oral testimony of one person, I can’t be convicted.
Unfortunately, the reality is that many people are convicted based off the testimony of one person. In fact, eyewitness identification by one person is often the cause of wrongful convictions. Under the law, as it exists today, a person can testify regarding anything they perceived with their senses. Notwithstanding the fact that eyewitness identification is highly unreliable, many people are convicted based off of this type of testimony.

If they found my fingerprints, there is no way to argue around that evidence.
A good criminal defense attorney knows that there is no exact science behind fingerprint analysis. Even if the State claims to have found your fingerprints at a crime scene or on other relevant evidence, an expert witness may be called to testify that fingerprint analysis is not always accurate, and that there is reasonable doubt as to this type of evidence.

During a recent Town Hall meeting, the Los Angeles County Sheriff spoke about issues his department plans to focus on in 2016. He focused on two key points: human trafficking and Prop 47. Law enforcement attitudes and beliefs shape the way that defendants’ cases are built by the DA’s office – which means that this will directly impact the accused in the near future. Here are a couple things you should know about what the Los Angeles County Sheriff’s Department will be focusing on in 2016.

Human Trafficking
The Sheriff mentioned several sources that contribute to the problem of human trafficking in Los Angeles County. He says that rap music and gang activity play a major role in human trafficking – but that his Department will be focusing on the market for human trafficking, directly. In other words, the Sheriff believes that if there is no “demand” for the “product,” then human trafficking will decrease. Because much of the solicitation for sex occurs on the internet, LASD plans to prosecute those accused of soliciting sex with minors on the internet to the fullest extent.
It is also important to note that those convicted of soliciting sex with a minor will be required to register for life as a sex offender under California Penal Code 290. This section of the Penal Code does not require that you actually even meet with the minor. The Penal Code also does not require that you solicit sex with a person who is actually a minor – meaning even if you are actually speaking with a cop through a sting operation, you may still have to register as a sex offender for the rest of your life. Registration makes all of your information available to the public – including your address and the Penal Code under which you were convicted.
More information about California's Pimping & Pandering Laws
More information about California's Prostitution Laws

Prop 47
Prop 47, passed by California voters in 2014, re-categorized specific nonviolent offenses as misdemeanors – rather than felonies, as previously categorized. The measure was adopted in response to the overcrowding in California prisons – but was met with great opposition, as well. Those who oppose Prop 47 say that it contributes to neighborhoods being less safe, and that those who deal drugs deserve more than a “slap on the wrist.”  Since Prop 47 did not address sales offenses, this criticism lacks legitimacy.  Still, it is important to note that the Sheriff's department and other law enforcement agencies are not happy about the lessened penalties for those they arrest.  And they are fighting back.

LASD also seems to oppose Prop 47. Aside from suggesting that an alternative measure should be adopted in place of Prop 47, the Sheriff explained his belief that Prop 47 is not serving the purpose is was supposed to. So what does this mean for defendants? Since Prop 47 is met with such opposition by nearly every law enforcement agency in California, some officers charge the accused for more severe crimes than were actually committed just to get around Prop 47. For example, if someone is arrested for committing theft (a misdemeanor under Prop 47), the officer may charge the accused of robbery (a felony). Without a good criminal defense attorney, the state could argue that this case fits within the felony parameters, meaning a harsher punishment for the defendant.  Another common example is that those caught possessing drugs are now being charged with possession for sale or bringing drugs into a jail (for being arrested with drugs on them) so that the state can still charge a felony.
More information about Prop 47
More information about California Theft Crimes
More information about California Drug Crimes

Although not all law enforcement officers go to such extreme measures to get around Prop 47, and although the Sheriff did not condone this practice at the recent town hall meeting, this practice is not unheard of. It’s important that citizens stay aware of topics in which their local police department plans to focus on, because it may have a large impact on you or a loved one.

Westlake Village is located on the border of Los Angeles County and Ventura County, in a region also known as Conejo Valley. Located only nine miles inland from the Pacific Ocean, Westlake Village is known for its beautiful weather, beautiful scenery, and beautiful homes. Westlake Village prides itself on its award-winning neighborhoods and communities focused on preserving and protecting the surrounding natural environment. The local residents greatly value the good schools, safe communities, efficient city operations, and the big city amenities. Although Westlake Village has a higher than average cost of living, it still experiences all types of crime. Property crimes outnumber the violent crimes in Westlake Village by far, yet it is rated as safer than only 35% of other U.S. cities.

If you or someone you know is charged with a criminal offense, be sure to check our Practice Areas page for competent and experienced legal help. From small charges like vandalism to felony charges (including homicide), its important to have an experienced attorney on your side every step of the way. Upscale communities like Westlake Village tend to seek harsh penalties for those who are accused of disturbing their close-knit community. Not hiring experienced counsel could have long lasting negative effects on your future.  It is also important to note that Ventura County is one of the harshest jurisdictions in the state when it comes to sentencing in criminal cases.

Westlake Village Law Enforcement
Westlake Village residents are served by the Thousand Oaks Police Department, who contracts with the Ventura County Sheriff’s Department. The Department focuses on proactive crime prevention and law enforcement strategies in response to community concerns. The Department has a special unit focusing solely on gang activity and vandalism, as well as school resource officers who assist young people with prevention and intervention strategies. The Department also organizes special groups and events throughout the community, such as National Night Out, a teen traffic offender program, and a citizen’s academy – where citizens can learn about the criminal justice system.

Westlake Village Court
The closest courthouse to Westlake Village is the Ventura Superior Court, located at 800 South Victoria Avenue. This location offers virtually every service, including: appeals, civil, criminal, family, small claims, and traffic services. The juvenile courthouse is located in Oxnard, at 4353 E. Vineyard Avenue.  For arrests occurring in the Eastern portion of Westlake Village, the part that is in Los Angeles County, criminal matters will go to the Van Nuys Courthouse.

A Few Points on Probable Cause
The Fourth Amendment gives citizens the right to be free from unreasonable searches. However, the Constitution does not define “probable cause,” so case law has shaped most of the Fourth Amendment’s borders. Many clients have questions about probable cause, which is the standard by which police authorities have reason to obtain a warrant – whether that warrant is for personal or property searches, or for the seizure of property. In court, the state has the burden to of proof as to probable cause. However, because the standard is very low, the state does not have to work hard to meet its burden.

What is an example of probable cause?
If the officer knows of facts or circumstances that would lead a reasonable person to believe that an item is stolen, is contraband, or may be evidence of the crime in which the person is being stopped – then it will meet the probable cause standard.

What is a probable cause hearing?
During the pre-trial stages of a criminal case, a good defense attorney will insist on a probable cause hearing. During this proceeding the judge will make a determination as to whether there was actually probable cause for the arrest or for the search/seizure that took place.

What if it is determined that the officer did not have probable cause to make the arrest, search, or seizure?
If evidence was obtained without probable cause, then it is subject to the exclusionary rule. This rule prevents illegally obtained evidence from being admitted in your case against you. Often, the state will not have enough legally obtained evidence to make a case against you at this point – so having a good criminal defense attorney who can effectively argue on the issue of probable cause is critical.