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Los Angeles "Chop Shop" Lawyer

6/28/2015

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California's "Chop Shop" Laws, Explained by an LA Defense Attorney

Los Angeles Chop Shop LawyerLos Angeles "Chop Shop" Lawyer
Automobile theft offenses are especially common in Southern California and have become a major focal point of local law enforcement.  Due to the difficulty in discretely selling a stolen vehicle, stolen vehicles are mostly used for parts in other vehicles, or are deconstructed and rebuilt with parts from multiple vehicles.  A "chop shop" therefore makes automobile theft more profitable.  Even if the "chop shop" owner/operator is not involved in the theft of any vehicles, the process of providing automobile thieves with an opportunity to sell their stolen vehicles, there is an incentive to steal cars.  There are not many pieces of property, worth thousands of dollars, that we leave unattended.  Call now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  213-375-3775.

This creates a large opportunity for car thieves, as well as chop shops.  Stolen cars are typically sold for several hundred dollars.  Auto theft deterrence systems have improved in recent years, but auto thefts can still occur in a number of ways.  Cars can be stolen with the key (e.g. at a gas station, valet), or even towed away by thieves, and brought to a "chop shop."  Because stolen cars can be purchased so cheaply, and because individual parts will not be readily identifiable due to mass manufacturing, operating a "chop shop" can be very profitable. 

California Vehicle Code Section 250 defines a "chop shop" as any premises where a motor vehicle (or motor vehicle part) obtained by theft, fraud or conspiracy, is altered, destroyed, disassembled, dismantled, reassembled, or stored in order to alter, deface, destroy, disguise, falsify, ore remove the identity (VIN) in order to misrepresent the identity of the part, prevent identification, dispose of, or sell the part.

California Vehicle Code Section 10801 prohibits owning or operating a "chop shop" in California.  This charge is a "wobbler" meaning that it can be charged as a misdemeanor or felony.  The prosecuting attorney will decide whether to file a misdemeanor or felony charge, based on (1) the defendant's criminal history, and (2) the seriousness of the charges.  For this reason, it is often helpful to involve an attorney pre-filing, to handle correspondence with the investigating detectives and prosecuting agencies.  It may be possible to avoid charges altogether, or at least persuade the prosecutor to file a misdemeanor, rather than felony charge.  As a felony, VC 10801 is punishable by up to four years of incarceration.  Additionally, a very large fine, up to $50,000 may be assessed as well.

The government has the burden of proving a knowledge element.  This can be difficult, especially absent a confession or statements by co-conspirators.  Lack of knowledge/intent is the most common defense asserted in VC 10801 cases.  Additional defenses include: false accusations, the business is not a chop shop, the defendant did not operate the chop shop, and challenging unlawful searches.  Other common defenses in LA Criminal Defense Cases.

Related offenses include:  receiving stolen property (PC 496), grand theft auto (PC 487), tampering with a VIN to misrepresent (VC 10802), misdemeanor VIN tampering (VC 10750) and buying or possessing a vehicle with a tampered VIN (VC 10803).  Other California theft crimes laws.

Being arrested and charged with a criminal offense is very serious business.  Experienced detectives investigate "chop shop" claims and are trained to interrogate suspects and gain their cooperation.  The Los Angeles District Attorneys office harshly prosecutes these crimes and has maintained a high conviction rate in "chop shop" cases.  If you or a loved one has been arrested or charged with a car theft-related crime, contact the Law Offices of Nicholas Loncar for a Free Consultation with a Los Angeles Criminal Defense Attorney.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com
Useful LA Criminal Defense Resources:
CA Dept. of Motor Vehicles
LA Inmate Locator 
LA Superior Court  
Los Angeles Police Department
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule
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Los Angeles Arson Lawyer

6/28/2015

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Los Angeles Criminal Defense Attorney Explains California's Arson and Reckless Burning Laws

Los Angeles Arson AttorneyLos Angeles Criminal Defense Attorney
Arson is one of the most serious criminal charges in California.  In Los Angeles, with the high population density and dry, hot weather, arson is especially dangerous.  Arson offenses are carefully investigated and harshly prosecuted.  In addition to criminal investigations, there are numerous private sector interests in determining the real cause of a fire.

Being arrested and charged with any crime is scary, stressful and can carry very serious consequences.  The severity of arson charges only intensifies these aspects of facing criminal charges.  If you or a loved one has been arrested or charged with arson or reckless burning, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.


Penal Code 451 - Arson
Arson, under California law, is the malicious and willful burning of a structure, forest land or personal property.  Arson is always a felony and is harshly punished.  Arson of personal property (not a building) is punishable by up to three years in prison.  Maliciously burning a building or forest land is punishable by up to six years.  Burning an inhabited structure or inhabited property (e.g. vehicle) is punishable by up to 8 years.  If arson of any type of property causes great bodily injury to another person, it is punishable by up to 9 years.  If someone is killed during an act of arson, the death can be charged as murder under California's felony murder rule.  Arson can be aggravated, leading to a consecutive sentence of one to five additional years under any of the following circumstances:  a prior felony conviction for arson or reckless burning, a firefighter or other emergency personnel officers suffers great bodily injury, multiple structures burn, defendant uses something to accelerate the fire.  Arson is also a strike under California's "Three Strikes" law.

Penal Code 452 - Reckless Burning
Though malicious and willful burning is treated much more seriously, recklessly burning forest land or a building, including inhabited structures is a serious crime of its own.  Recklessly burning personal property is a misdemeanor.  PC 452 makes it a "wobbler" to burn a building or forest land, meaning that it can be filed as a misdemeanor or felony.  The prosecuting agency elects whether to file the charge as a misdemeanor or felony, based on (1) the severity of the offense, and (2) the defendant's criminal history.  As a felony, reckless burning of a structure or forest land is punishable by up to three years in state prison.  Reckless burning of an inhabited structure or inhabited property is punishable by up to four years as a felony.  If reckless burning causes great bodily injury, the felony sentence can be up to six years.

DEFENSES TO ARSON CHARGES
As with all criminal offenses, there is a wide array of possible defenses, and it is important to have your case fully reviewed by an experienced, knowledgeable criminal defense attorney.  It is important to note that the information in this article is for informational purposes only and is no substitute for effective representation.  Among the many charges that can be asserted in an arson case, a defendant's attorney can assert: that the fire was an accident, there is a false accusation or mistaken identification of the defendant, the evidence is insufficient, the fire was not a result of arson, and the burning was not, in fact, reckless.  Negotiation is also an important part of arson defense.  If charged with malicious arson, it may be possible to work out a deal for reckless burning and avoiding a permanent felony conviction.  Other common defenses to crimes.

Arson charges are very serious and will be aggressively prosecuted by the Los Angeles District Attorney's office.  If your or a loved one has been arrested or charged with malicious arson or reckless arson of a building, forest land or personal property, contact the Law Offices of Nicholas Loncar now for a free consultation and to discuss representation in your case.  We can go over the various defenses that may be applicable in your case, as well as explain the possible and likely outcomes of your case.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com
Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
Los Angeles Police Department
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule
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Los Angeles Pimping & Pandering Lawyer

6/27/2015

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LA Criminal Defense Attorney Explains CA's Pimping Laws

LA Pimp Lawyer
Laws around the nation have recently taken a strong stand to eliminate a range of crimes considered to be "human trafficking" and California law is no exception.  In California, pimping (making money off of prostitution) and pandering (facilitating or promoting prostitution) are crimes. Though prostitution and solicitation of prostitution are misdemeanors, and not punished as harshly, pimping and pandering are both penalties in California.  Many California felonies are punishable by a maximum of three years, but pimping and pandering is punishable by up to 6 years in prison (8 years if there is a minor involved).  As a felony, punishable by such long terms of incarceration, pimping and pandering offenses are prosecuted very harshly in LA County by the Los Angeles County District Attorney's Office.  Pimping (PC 266h) primarily consists of receiving money on behalf of or from a prostitute’s earnings.  Pandering (PC 266i), involves the practice of procuring a person to be used for, or to travel for, prostitution.  Transporting a person for the purpose of prostitution can also draw attention from federal law enforcement agencies and lead to federal criminal charges (18 U.S.C. Chapter 117).

WHAT MUST THE PROSECUTION PROVE FOR A PIMPING CONVICTION?
In order to convict for pimping, a prosecutor must prove that the defendant used a known prostitute for his or her benefit. Generally, soliciting, encouraging, employing, enticing, luring, requesting, or otherwise using, a known prostitute to prostitute him or herself for the pimp's benefit, there is enough to prove pimping.  The benefit to the pimp does not have to be monetary, and can include anything of value. 

WHAT ARE THE DEFENSES IN A PIMPING CASE?
As with all criminal charges, many different defenses can apply, and whether a defense applies is a fact-specific inquiry.  There is no substitute in determining in your best defenses to having a knowledgeable, experienced Los Angeles Sex Crimes Attorney on your side, fighting for you.  With the harsh penalties involved in pimping and pandering cases, it is of the utmost importance that your lawyer understand the ins and outs of the penal code, evidence code and tactics of negotiation and persuasion.  Some of the most common defenses in pimping cases include: entrapment, mistaken identity, false accusations, lack of evidence, and more.

RELATED CHARGES TO PIMPING:  Aiding or Supervising a Prostitute
With the difficulty in proving
the conferring of a benefit to the alleged pimp, proving felony pimping or pandering can be difficult in some cases.  Accordingly, the California lawmakers enacted a new law punishing a broader range of conduct as a misdemeanor (PC 653.23).  There is some overlap between the two charges and the prosecutors have discretion as to how to charge a particular case.  For the misdemeanor charge, it is enough to show evidence of directing, supervising, recruiting or otherwise assisting another to engage in prostitution, or collecting or receiving money earned from prostitution.  Police and prosecutors will look for repeated communication between a suspected "pimp" and prostitute, transfer of money, monitoring or protecting, and more.

If you or a loved one has been arrested or charged with a crime pertaining to prostitution, pimping, pandering or supervising a prostitute, it is important to have a knowledgeable, experienced Los Angeles Criminal Defense Attorney on your side.  The Law Offices of Nicholas Loncar provide affordable, passionate and aggressive defense in sex crimes cases.  Contact an attorney now for a free consultation.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com
Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule
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Lynwood, CA Criminal Defense Attorney and DUI Lawyer

6/21/2015

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Lynwood Criminal Defense AttorneyLynwood Criminal Defense Attorney and DUI Lawyer
Lynwood is a city in Southern Los Angeles County, nearby Compton, Watts, South Gate, Downey, Bellflower and Paramount.  The 105 and 710 Freeways intersect in the Southeast portion of Lynwood.  Lynwood also plays a major role in Los Angeles Criminal Defense as it is home to the Century Regional Detention Facility, the women's jail for Los Angeles County, operated by the Los Angeles County Sheriff's Department.  The city of Lynwood also contracts with LASD for full-service law enforcement services, and does not have its own police force.  LASD operates the Century Station, which is in charge of law enforcement for Lynwood as well as the nearby communities of Florence/Fireston, Walnut Park, Willowbrook and Athens Park.  Lynwood has approximately 70,000 residents, most of whom speak Spanish as a first language.  Due to the large number of noncitizens in Lynwood, criminal defense law and immigration law tend to intersect greatly; having an attorney who understands the possible immigration consequences of a criminal conviction is vital.

Former Mayor, Paul Richards II, was sentenced to over 15 years in prison in a major corruption scandal.  He was Mayor for nearly 20 years.  Many famous Angelenos have roots in Lynwood including hip-hop mogul Suge Knight, baseball player Efren Navarro, tennis superstar Venus Williams, NFL wide receiver Steve Smith and parody musician "Weird Al" Yankovic (who made an album called "Straight Outta Lynwood" in 2006.

Lynwood has moderately high crime rates, particularly along the western side of the city.  Property crimes in Lynwood (Vandalism, Theft Crimes) are lower in Lynwood than average for California, likely due to under-reporting of thefts and vandalism.  Crimes are more likely to go unreported in immigrant communities due to a fear of contact with law enforcement for many without legal status.  Violent crimes, including robbery and homicide are higher than the average for California and for LA County.  Other common offenses include drug crimes, DUI, domestic violence and gang offenses.  Crimes are aggressively prosecuted at the Compton Courthouse by the LA District Attorney's Office.  If you or a loved one has been arrested or charged with a crime in Los Angeles, contact the Law Offices of Nicholas Loncar for a Free Consultation.  We can discuss the details of your case and evaluate your best defenses.  Understanding the charges against you is important to making any decisions in your case, including the decision to retain counsel.  Our office focuses exclusively on criminal defense and Attorney Nicholas Loncar knows how to best defend you in your Compton Courthouse criminal case.

CAUGHT WITH DRUGS IN THE CAR?

FIRST TIME OFFENDERS

COMMON DEFENSES TO CRIMES

YOUR RIGHT TO REMAIN SILENT

KEEPING YOUR RECORD CLEAN

OVERVIEW OF THE CA CRIMINAL JUSTICE SYSTEM

COMMONLY USED TERMS

MY RECENT LOS ANGELES CRIMINAL DEFENSE VICTORIES:
People v. E.L. - Assault with a Deadly Weapon Case - DISMISSED
People v. A.A. - Poss. of Marijuana for Sale (HS 11359) - DISMISSED - NO JAIL
People v. D.C. - Felony Theft W/ Strike Prior, Facing 7 YEARS! - PROBATION
People v. C.I. - Firearm and Transportation of Methamphetamine for Sale - DISMISSED
People v. E.L. - PC 273.5 domestic violence - DISMISSED
People v. A.C. - Felony Criminal Threats (Strike Offense) - DISMISSED
People v. T.T. - Driving Under the Influence of Drugs - REDUCED TO WET RECKLESS
People v. L.S. - Driving Under the Influence of Drugs - REDUCED TO WET RECKLESS
People v. J.P. - 1998 Felony - PLEA WITHDRAWN/REDUCED TO MISDEMEANOR
People v. P.V. - Driving on a Suspended License - DISMISSED
People v. H.S. - Driving on a Suspended License - DISMISSED
People v. S.P. - Felony Domesic Violence - DISMISSED BEFORE FILING
People v. R.C. - Possession of a Controlled Substance - DISMISSED (PC 1000)
People v. L.H. - Theft w/ Felony Theft Priors - PROBATION (NO JAIL TIME)
People v. A.F. - Felony PV - 4 year sus. sentence - CREDIT FOR TIME SERVED
People v. A.D.- High BAC DUI w/ Prior, prob. violation & Susp. License - NO JAIL TIME
People v. K.C.-
DUI charges in Santa Clarita - REDUCED TO WET RECKLESS
People v. D.I.
- DUI .11 Blood Alcohol - REDUCED TO WET RECKLESS
Facing criminal charges is scary, stressful and can ruin your life.  With serious potential consequences including jail time, prison, probation, fines, loss of license, deportation, gun rights, employment and professional licenses, protecting yourself from a criminal accusation is extremely important.  Just because you are being charged with a crime does not mean that you will be convicted.  You may have strong defenses or motion issues that can help you avoid a conviction and keep your record clean.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  213-375-3775
Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com
Useful LA Criminal Defense Resources:
City of Lynwood
LA Inmate Locator 
LA Superior Court  
LASD Century Station
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule
Lawyer Nicholas Loncar | Featured Attorney Criminal Defense
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Los Angeles Co-Defendant Defense

6/21/2015

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Co-Defendant Cases Explained by a Los Angeles Criminal Defense Attorney

Los Angeles Criminal LawyerLA Criminal Lawyer
When two or more people are charged together in a criminal case, there are unique aspects of the case that must be carefully considered by each of the co-defendants and their defense attorneys.  If you or a loved one is facing a serious case involving multiple defendants, it is vital to have an experienced, knowledgeable and aggressive Los Angeles Criminal Defense Attorney on your side, representing your interests and fighting for you.  Attorney Nicholas Loncar has a wide range of experience in California criminal defense cases, including co-defendant cases, drug crimes, violent crimes, sex crimes, homicide and more.

CALIFORNIA'S CONSPIRACY AND ACCOMPLICE LIABILITY LAWS
Criminal conspiracy and accomplice liability can occur prior to, during or after the commission of a crime.  Co-conspirators in planning, execution of a crime, and even accessories after the fact (e.g. helping someone flee, destroy evidence), frequently will be charged together in one criminal complaint.  This means that, at least as filed, there is one case.
more about California's accomplice liability laws


ATTORNEYS WORKING TOGETHER
Depending on the types of defenses, it may be beneficial for defense attorneys to work on strategy together and share information.  It is also important to note, however, that each attorney's duties will still be to their own client.  It is up to a co-defendant's attorney to decide how much, if at all, to trust a co-defendant's counsel, and to ensure that any cooperation serves to benefit his or her client.  Having attorneys who are familiar with each other and have worked together in the past can be beneficial to both sides.  If one co-defendant is in custody, and another is not, or if one is represented by the public defender and the other by private counsel, there can be some complications with scheduling.  In-custody defendants and those represented by the public defender are typically unwilling to allow for a delay in a case.  Meanwhile those out of custody, and represented by private counsel are more likely to seek additional time for investigation and preparation of a defense.

ONE ATTORNEY REPRESENTING CO-DEFENDANTS
In most cases, having one attorney
represent two co-defendants is a bad idea.  Attorneys are bound to be loyal to their client's interests, and if there may be any .  In the movie My Cousin Vinny, Joe Pesci's character represents both of the young men charged together with a murder.  Given the severity of the charges, it would have been very unlikely that one attorney would represent both defendants in that case.  In some cases, it can be appropriate, depending on the best available defenses.  In cases where two people allegedly acted in concert, it may be best for each defendant to hang blame on the other. 

DO NOT COMMUNICATE WITH CO-DEFENDANTS
Discuss your options and defenses with your attorney before speaking to your co-defendants or alleged co-conspirators.  The co-defendant may end up cooperating with the government or testifying to anything you say.

MOTION TO SEVER A CRIMINAL CASE
Under some circumstances, your attorney may be able to sever a trial so that the two co-defendants need not sit trial together.  The courts favor consolidation because it is a more efficient use of judicial resources.  Still, in cases where the trials being held together would prejudice a co-defendant in some way and deny one defendant a fair trial, the court can order separate trials or separate juries.  If evidence that can be presented against one defendant is likely to sway the jury with respect to another defendant (and that defendant would be able to exclude the statement), then severance may be granted.  It is typically better for a co-defendant to sever a case, particularly where the evidence against others in the alleged conspiracy have more evidence against them.

PLEA BARGAINING IN CO-DEFENDANT CASES
Plea negotiations can be a little more difficult in co-defendant cases, largely due to the tendency of District Attorneys to offer "package" deals.  The prosecution offers plea deals in order not to have to take a case to trial.  In co-defendant cases, the DA will only avoid a trial if all co-defendants agree to plead guilty or no contest.  As such, DAs frequently make their offers "package" deals to encourage a complete resolution of the case.  This means that one co-defendant may want to take a deal, but will not be able to take advantage of the deal without a deal by all co-defendants.  Additionally, plea bargaining in co-defendant cases can be affected by the relative involvement, culpability and manipulation taking place in a criminal case.
more about plea bargaining in Los Angeles


EVIDENCE AND STATEMENTS OBTAINED FROM CO-DEFENDANT
Perhaps one of the most unique aspects to co-defendant cases is the applicability of statements and evidence of one co-defendant to the case of another.  Evidence that is admissible against one co-defendant may not be admissible against another, giving rise to either a motion to sever or multiple juries.  In multiple jury cases, one jury may be removed from the courtroom during certain testimony or presentation of evidence.
learn more about the Fifth Amendment and Miranda Rights

If you or a loved one has been arrested or charged with a crime, especially if that case is a felony co-defendant matter, it is important to have knowledgeable, passionate, aggressive representation.  You need a lawyer who understands the Penal Code, Evidence Code, caselaw and
tactical skills of negotiation and persuasion.  Contact the Law Offices of Nicholas Loncar now for a FREE CONSULTATION with a Los Angeles Criminal Defense Attorney.

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

6/17/2015

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Agoura Hills Criminal Defense Attorney and DUI Lawyer

Van Nuys Criminal Defense AttorneyLos Angeles Criminal Defense Attorney
Agoura Hills is a city in Northwestern LA County, in the western portion of the San Fernando Valley, just north of the Santa Monica Mountains.  Nearby cities and neighborhoods include:  Encino, Tarzana, Reseda, Northridge, Canoga Park, , Woodland Hills, Winnetka, Chatsworth, Calabasas, Westlake Village, Saratoga Hills and Malibu.  The 101 Freeway and Kanan Road are major roads passing through Agoura Hills. 

With a population of over 20,000, Agoura Hills is an upscale suburban community, known for low population density, low crime and higher household incomes compared with the rest of Los Angeles County.  Despite low crime rates, criminal charges stemming from Agoura Hills are not uncommon.
  Though the region is not plagued by much of the street crime that is prevalent in other parts of LA and the San Fernando Valley, numerous arrests for DUI, domestic violence, drug crimes, theft crimes and unlicensed driver offenses do occur.  Agoura Hills does not have its own police department.  Instead, the city has a contract with the Los Angeles County Sheriff's Department to provide law enforcement services to the Lost Hills Sheriff Station, which also serves the neighboring communities of Malibu, Calabasas, Hidden Hills, Westlake Village, Topanga and West Hills.

If you or a loved one has been arrested or charged with a crime in Agoura Hills, the matter will be prosecuted by the Los Angeles District Attorney's Office at the Van Nuys Courthouse.  The Law Offices of Nicholas Loncar, located on Ventura Boulevard in Studio City, are in close proximity to the Van Nuys Courthouse, and a substantial portion of our firm's cases are in Van Nuys.  Attorney Nicholas Loncar has handled DUI cases, domestic violence, felony thefts, drug sales, violent crimes, criminal threats, suspended license cases, probation violations and more in the Van Nuys Courthouse, with great success.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  We can discuss the details of your case, evaluate defenses and get started protecting your rights and fighting for you.

A criminal charge is scary and stressful, but it is possible to avoid jail time, avoid a criminal conviction and avoid the other negative consequences that may result from a criminal conviction or arrest.  It is important that you discuss your most important goals, fears and thoughts about your case with your attorney.  An experienced, knowledgeable, passionate attorney will work tirelessly to get you the results you need.

SOME EXAMPLES OF AGOURA HILLS CRIMINAL CASES:
1.  Jamie is pulled over for speeding on the 101 on her way home from dinner in Woodland Hills.  At dinner, she had 2 glasses of wine.  She does not feel impaired, but the officer smells alcohol and asks her to step out of the vehicle, perform field sobriety tests, answer some questions and blow into a handheld breathalyzer.  Her result is .08, and she is placed under arrest for DUI.  At the station, her BAC is .09.  She hires a Los Angeles Criminal Defense Attorney, who takes the case to trial, asserting the Rising BAC defense.  Although Jamie tested above the legal limit, the tests were performed after driving and show a rising pattern.  This is consistent with Jamie's recent consumption of alcohol and there is a strong likelihood that her BAC was below the legal limit at the time of driving.

2.  Cory, a 19 year old Agoura Hills resident is caught driving with four ounces of marijuana, sectioned off into four one ounce bags.  He is arrested and charged with possession of marijuana for sale (HS 11359).  Cory is a medical marijuana patient, but can still be arrested and charged with marijuana sales.  The four ounces of marijuana could be considered a lot for personal use, but there are defenses.  It is cheaper to purchase in bulk, and it may not be necessary

3.  Christine has three old, unpaid traffic tickets.  One of the tickets is at the Chatsworth Courthouse and the other two are in Van Nuys.  What she does not know, is that the failures to appear in court actually led to a suspension of her driver's license.  Christine is pulled over for speeding again and is also cited for having a suspended license, a misdemeanor.  Overwhelmed, she turns to an attorney to help her.  The attorney takes care of the traffic tickets and helps Christine restore her license before she has to appear in court on the suspended license charge.  Because she was able to restore her driving privilege, her attorney is able to negotiate a dismissal of the suspended license charge. 

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

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

City of Agoura Hills
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Lost Hills Sheriff Station
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule
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Los Angeles Criminal Justice Process

6/17/2015

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California Criminal Process Explained by a Los Angeles Criminal Defense Attorney

This article provides a general overview of the California criminal justice process, particularly how courts in Los Angeles deal with misdemeanor and felony offenses.  This brief overview is valuable to having a better understanding of the arrest, investigation and court stages of a criminal case, but are in no way meant to be a substitute for having an experienced, passionate, knowledgeable Los Angeles Criminal Defense Attorney on your side.  Even prior to arrest, during an investigation, or prior to the filing of any criminal complaint an attorney may help to protect your rights and achieve a better outcome that keeps your record clean.  With effective, early representation, it may be possible to avoid arrest, avoid a filing, or at least preserve more defenses.  Review this information to gain a better understanding of the process.  If you have additional questions about your case, your charges, possible defenses, etc., contact the Law Offices of Nicholas Loncar to schedule a free consultation with a Los Angeles Criminal Defense Attorney.
FELONIES

Examples of Felony Charges - FELONY DUI, VIOLENT CRIMES, FELONY THEFT CRIMES, WEAPONS OFFENSES, SEX CRIMES, HOMICIDE, SALE, TRANSPORT, CULTIVATION & MANUFACTURE OF DRUGS, GANG CASES

Possible Sentences - State Prison, probation (including up to one year in county jail), local county time prison sentences and death.  Conditions of probation can include court ordered programs, rehabilitation, community labor/community service and more.

Timeline of a Felony Case

Arrest / Investigation - In felony cases, arrests are frequently made well after a crime has been completed.  Detectives investigate crimes and will seek an arrest warrant.  Felony arrests are also made in the field when officers observe felony conduct.

Arraignment - The prosecution files a criminal complaint, charging the defendant with a crime or crimes.  The defendant is informed of the charges, advised of his/her constitutional rights and enters a plea of Not Guilty, Guilty or No Contest.  Bail is also set at the arraignment, though the court may also release a defendant on his/her own recognizance.

Early Disposition Program Hearing / Prelim Setting - The next court date after arraignment (unless a bail motion is heard sooner), is typically referred to an EDP or a preliminary hearing setting date in Los Angeles.  At this stage, the prosecution and defense will exchange any new discovery and negotiate a possible disposition (plea bargaining).  If more investigation is needed by the defense, there may be multiple prelim setting dates.  If the sides cannot reach a disposition, then the case is set for a preliminary hearing.

Preliminary Hearing -
Judge determines if there is sufficient evidence to hold the defendant for trial.  Motions, such as motions to suppress evidence, or motions to dismiss the case may be run at this time.  If the judge finds enough evidence, the defendant will be arraigned for trial.

Pretrial Conference - the parties can continue to negotiate a disposition and prepare for trial, including any additional information that may be needed. 

Jury Trial - the attorneys will select a jury, litigate pretrial motions (motions in limine), deliver opening statements, present evidence, call witnesses, cross examine witnesses and present closing arguments to the jury.  The jury will then be given jury instructions and deliberate.  If the defendant is found guilty, sentencing may proceed immediately or be set for a future date.  If the jury find the defendant Not Guilty, the defendant is released.
Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com
MISDEMEANORS

Examples of Misdemeanor Charges - DRUG POSSESSION, DUI, DOMESTIC VIOLENCE, VANDALISM, PROSTITUTION/SOLICITATION, THEFT CRIMES,
UNLICENSED DRIVER/SUSPENDED LICENSE


Possible Sentences - Up to one year or less in county jail, probation, fines, counseling or programs (including: anger management, domestic violence, alcohol and drug abuse).  There may be jail alternatives and diversion programs available.


Timeline of a Misemeanor Case

Arrest - Defendant is either released, posts bail or remains in custody until court.  Most misdemeanor offenses are witnessed by the arresting officer. 

Arraignment - Defendant is informed of the charges, advised of constitutional rights, and enters a plea (Not Guilty, Guilty or No Contest).  Bail is also set, or the defendant may be released on his/her own recognizance.

Pretrial Conference - the parties exchange discovery, attempt to work out a disposition (plea bargaining), and investigate the case as needed.  Motions can be filed to dismiss the case, suppress evidence, order a line-up and more.  If a disposition can be agreed upon, the defendant can change a Not Guilty plea to Guilty or No Contest.

Jury Trial - the attorneys will select a jury, litigate pretrial motions (motions in limine), deliver opening statements, present evidence, call witnesses, cross examine witnesses and present closing arguments to the jury.  The jury will then be given jury instructions and deliberate.  If the defendant is found guilty, sentencing may proceed immediately or be set for a future date.  If the jury find the defendant Not Guilty, the defendant is released.

Appeal  - The defendant may appeal a conviction to the Appellate Division of the Superior Court

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME OR MAY BE UNDER INVESTIGATION FOR A CRIME, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY.  818.646.8788.
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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
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South Gate Criminal Defense Attorney

6/13/2015

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South Gate Criminal Defense Lawyer and DUI Attorney

LA Criminal Defense LawyerLA Criminal Lawyer
South Gate is a city in Los Angeles County, south/southeast of Dowtown.  Part of the "Gateway Cities," South Gate is nearby Compton, Downey, Huntington Park, Lynwood, Cudahy, Watts, South LA/South-Central and Bell Gardens.  Other "Gateway Cities" include: Artesia, Bell, Bellflower, Cerritos, Commerce, Hawaiian Gardens, Lakewood, Long Beach, Maywood, Norwalk, Paramount, Pico Rivera, Santa Fe Springs and Whittier.  One of the most homogeneously Latino communities in Los Angeles County, South Gate has a population of nearly 100,000 people, nearly 95% of whom are Latino. 

South Gate has higher than average property and violent crime rates for LA County, the State of California and the nation as a whole.  South Gate is a working class community, and has been since the General Motors factory was the primary employer in the area.  There is a notable gang presence, though not as severe as some other regions in LA. 
DRUG CRIMES, DUI, VIOLENT CRIMES,THEFT CRIMES, PROSTITUTION/SOLICITATION, WEAPONS OFFENSES, SEX CRIMES and DOMESTIC VIOLENCE are among the most common crimes occurring in South Gate.  The South Gate Police Department is responsible for law enforcement services in South Gate.  California Highway Patrol (CHP) enforces traffic laws and aggressively seeks out DUI drivers.

Being arrested and charged with a crime is a scary, frustrating process, and can have very serious consequences, including jail time, prison, loss of license, loss of employment, and immigration consequences.  Los Angeles Criminal Defense Attorney Nicholas Loncar spent two years working alongside an LA Immigration Law Firm, helping noncitizen clients achieve great results in criminal court, to help avoid deportation and other negative immigration consequences.
  If you or a loved one has been arrested or charged with a crime in South Gate, Compton, Norwalk, Bellflower, Whittier, Downey or anywhere else in Los Angeles, contact the Law Offices of Nicholas Loncar for a Free Consultation with a Los Angeles Criminal Defense Attorney.  213-375-3775.

Here is a list of some of our Los Angeles Criminal Defense Case Results:
People v. E.L. - Assault with a Deadly Weapon Case - DISMISSED
People v. D.C. - Felony Theft W/ Strike Prior, - PROBATION
People v. C.I. - Firearm and Transportation of Meth. for Sale - DISMISSED
People v. A.C. - Felony Criminal Threats (Strike Offense) - DISMISSED
People v. T.T. - DUI - Drugs - REDUCED TO WET RECKLESS
People v. L.S. - DUI - Drugs - REDUCED TO WET RECKLESS
People v. J.P. - 1998 Felony - PLEA WITHDRAWN/MISDEMEANOR
People v. P.V. - Driving on a Suspended License - DISMISSED
People v. H.S. - Driving on a Suspended License - DISMISSED
People v. S.P. - Felony Domesic Violence - DISMISSED BEFORE FILING
People v. R.C. - Poss. of a Controlled Substance - DISMISSED (PC 1000)
People v. L.H. - Theft w/ Felony Theft Priors - NO JAIL TIME
People v. A.F. - Felony PV - 4 year sus. sentence - 17 DAYS JAIL
People v. D.I. - DUI .11 Blood Alcohol - REDUCED TO WET RECKLESS

South Gate has a significant amount of gang activity, both with local neighborhood gangs, and outsiders.  Additionally, drug trafficking and weapons offenses are common in South Gate.

When facing criminal charges in Los Angeles, it is vital that you have passionate, aggressive representation.  Your rights, liberty, job, driver's license and immigration status can be at stake.  If you have been arrested, charged with a crime or believe you may be under investigation for a crime, contact the Law Offices of Nicholas Loncar now for a Free Consultation.  You will be able to discuss your case in detail with an experienced attorney, better understand the charges against you, and get started planning your defense.


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

South Gate Police Department
LA Sheriff's Inmate Locator 
Los Angeles Superior Court 
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

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Altadena Criminal Lawyer

6/13/2015

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Criminal Defense Attorney and DUI Lawyer in Los Angeles

Client's Choice Criminal Defense LawyerAward-Winning Defense
Altadena, CA is a city located just north of Pasadena, in between La Canada and Sierra Madre.  Located in between the San Fernando and San Gabriel Valleys, Altadena is nearby Burbank, Glendale, Alhambra, Duarte, Monrovia and a short trip to Downtown Los Angeles (DTLA).  The 210 Freeway connects Altadena to San Fernando and all the way out to San Bernardino.  Altadena is home to over 40,000 people.  Altadena has moderate crime rates for Los Angeles County.

Law enforcement services in Altadena are provided by the LA County Sheriff's Department, who operate the Altadena Sheriff' Station.  There is also a California Highway Patrol (CHP) branch in Altadena, the Altadena CHP Station.  Criminal cases are prosecuted by the Los Angeles District Attorney's Office and heard at the Pasadena Courthouse on Walnut in Old Pasadena.  DUI and Domestic Violence cases are especially aggressively prosecuted.  Regardless of your criminal charge, it is important that you have a complete understanding of what those charges mean, what defenses might be available to you, and what your rights are when it comes to fighting the allegations and protecting your liberty.

More About Your Criminal Charges:

DRUG CRIMES | DUI | DUI CAUSING INJURY | DUI W/ PRIOR | FELONY DUI | VIOLENT CRIMES | THEFT CRIMES 
 PROSTITUTION/SOLICITATION | WEAPONS OFFENSES | SEX CRIMES | HOMICIDE | DOMESTIC VIOLENCE  
JUVENILE OFFENSES | PROBATION VIOLATIONS | FELONY |MISDEMEANOR | MARIJUANA | DUI DRUGS
GANG CASES | VANDALISM | EXPUNGEMENT | APPEALS | CIVIL RIGHTS | THREE STRIKES | INFRACTION (TRAFFIC)

UNLICENSED DRIVER/SUSPENDED LICENSE | SALE, TRANSPORT, CULTIVATION & MANUFACTURE OF DRUGS
ILLEGAL FIREWORKS | JURY TRIALS | WATSON MURDER | FINANCIAL CRIMES | FEDERAL CRIMINAL DEFENSE

ATTEMPTED MURDER | CONSPIRACY | CARJACKING & GRAND THEFT AUTO | CHILD SEX CRIMES | HIT & RUN
STALKING & HARASSMENT | RESISTING & EVADING | OBSTRUCTION, PERJURY & DISSUADING A WITNESS

The criminal justice system in California is very tough, with criminal cases in places like the Pasadena Courthouse causing major overcrowding in Los Angeles Jails and the State Prisons.  Defendants are routinely convicted with flawed evidence or plead guilty with unfavorable terms due to inadequate representation.  Our office has handled a broad range of criminal matters with a proven track record of success.  Los Angeles Criminal Defense Attorney Nicholas Loncar has built a strong reputation among LA County judges, prosecutors, fellow attorneys and of course, satisfied clients.

See our client reviews and peer endorsements on the web:
Nicholas Loncar's Avvo Profile  |  Law Offices of Nicholas Loncar Google+ Page  |  Law Offices of Nicholas Loncar Yelp Page


If you or a loved one has been arrested or charged with a crime in Altadena, Pasadena, Burbank, Glendale, San Fernando, Studio City, North Hollywood, Alhambra or anywhere else in Los Angeles, it is important that you have dedicated, aggressive representation.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  213-375-3775.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com
Helpful Resources:
ALTADENA SHERIFF'S STATION
PASADENA COURTHOUSE

INMATE LOCATOR
ALTADENA CHP

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Calabasas Criminal Defense Attorney

6/13/2015

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Calabasas Criminal Defense Attorney and DUI Lawyer

Calabasas Criminal Defense AttorneyVan Nuys Courthouse Lawyer
Calabasas is an upscale suburban community in the Northwestern portion of LA County.  Nearby Malibu, Hidden Hills, Agoura Hills, Westlake Village, Woodland Hills and West Hills.  In the Santa Monica Mountains, Calabasas is located in between the San Fernando Valley and Malibu, featuring access to nearby state parks, and a short ride to some of LA's most popular beaches.  The 101 freeway connects Calabasas to Ventura County (Thousand Oaks, Oxnard, Ventura) and also to the rest of the San Fernando Valley.  Calabasas is home to nearly 25,000 people, including numerous Hollywood celebrities, including Justin Bieber, Selena Gomez, the Kardashians, Kanye West, Will Smith, and Jennifer Lopez, to name a few.  Though Calabasas has low crime rates for LA County, and is not plagued by many of the crimes that affect much of Los Angeles, there are criminal cases arising out of of Calabasas.

Law enforcement services in Calabasa are provided by the Los Angeles County Sheriff's Department, who operate the Lost Hills/Malibu Sheriff Station.  Criminal charhes are prosecuted at the Van Nuys Courthouse by the LA County District Attorney's Office.  Local law enforcement efforts focus on DUI, domestic violence and drug crimes.  Additionally, the wealth in the area does occasionally attract theft crimes, which are generally going to be carefully investigated and aggressively prosecuted. 

If you or a loved one has been arrested or charged with a crime in Calabasas, Hidden Hills, Malibu, Woodland Hills, Agoura Hills or nearby, it is ideal to have an attorney on your side, familiar with the Van Nuys Courthouse, and how the judges and prosecutors there operate.  Our Studio City criminal defense firm has defended a broad range of misdemeanor and felony cases throughout the San Fernando Valley, and has achieved great results in Van Nuys and throughout LA County.  A successful criminal defense lawyer must be knowledgeable, passionate and aggressive.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  Dedicated exclusively to criminal defense and located in the heart of the San Fernando Valley, the Law Offices of Nicholas Loncar stand ready to represent you and protect your rights, liberty, record and future.  An arrest does not have to lead to a conviction, and our office works hard to achieve the best outcome in your criminal case.

EXAMPLES OF CALABASAS CRIMINAL DEFENSE CASES:
1.  Tim, a 22 year old Calabasas resident, is on his way home when he is stopped by police for having expired tags.  Upon approaching Tim's window, the officers smell the odor of marijuana and believe Tim may be driving under the influence.  The officers ask Tim to step out of the vehicle and perform a series of field sobriety tests, which he performs fairly well.  Tim admits to smoking marijuana two or three hours prior to driving.  Tim is placed under arrest and transported to the station, where a blood sample is taken and he is booked into jail.  Tim also has a gram of heroin in his shirt pocket, but does not disclose this the the officers.  The drugs are found during Tim's booking process.  Now, Tim is facing a felony charge for bringing narcotics into a jail, as well as a charge for VC 23152(e), driving under the influence of drugs.  Tim hires a Los Angeles Criminal Defense Attorney to fight the case at the Van Nuys Courthouse.  At the preliminary hearing, the DA's office is unable to proceed and must dismiss the felony count, leaving only the misdemeanor DUI.  Tim's lawyer continues to fight the DUI charges until he is able to get the charge reduced to a violation of VC 23109, exhibition of speed. 

2.  Paul does not have a driver's license.  It has been suspended for years and he has repeatedly been cited, arrested and even has had his car impounded.  He has a number of outstanding warrants for unpaid traffic tickets and was recently arrested for driving on a suspended license.  Due to his numerous prior convictions, Paul could potentially face a minimum of 180 days in jail as a habitual traffic offender.  Paul hires a Los Angeles Criminal Defense Attorney to defend him in court.  Paul's lawyer helps him to clear all of the warrants and beat a few of the outstanding tickets.  This helps Paul to restore his driving privilege before he is sentenced on the new count.  Due to Paul getting a license, his attorney is able to work out an infraction deal that does not violate his probation and allows him to now be a law-abiding, licensed driver.

3.  Keith, 18, was prescribed a large number of pain medications after having his wisdom teeth removed.  He does not need the medication after a few days and decides to sell the remaining pills to friends.  After selling all of his pills, he realizes that his parents have more unused pain medications in the house and begins to sell those.  Next, Keith gets another pain prescription, complaining to his doctor about a painful sports injury.  At this point, Keith has several bottles of painkillers and carries them with him in case he runs into potential customers.  One day, he is pulled over for speeding.  The officers are suspicious of Keith and have him step out of the car and search him.  The officers find over 100 pills and place Keith under arrest for possession of a controlled substance for sale (HS 11351).  Keith's lawyer challenges the search and gets the evidence suppressed.  The charges against Keith are dismissed and he is not convicted of any crime, possession or sales.  Had this motion not worked, Keith may have had a chance to plea bargain down to a possession charge or fight his case at trial. 

Facing criminal charges is scary, stressful and can have serious consequences for your rights, liberty, job and immigration status.  Whether you are facing misdemeanor DUI charges or a serious felony, you need a passionate, dedicated, aggressive attorney, with experience defending people like you in Van Nuys and other Los Angeles County Courts.  If you have been arrested, charged with a crime, or are under investigation for a crime, contact the Law Offices of Nicholas Loncar now for a Free Consultation.  818.646.8788.

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

LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Lost Hills Sheriff Station
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule
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    The Law Offices of
    Nicholas Loncar, located on Wilshire Boulevard in Los Angeles, provide tenacious, passionate and affordable criminal defense to clients throughout Southern California.  If you're facing criminal charges or are under investigation, contact our office today for a free consultation.

    LA Attorney Nicholas Loncar
    is deeply committed to criminal defense and
    fights hard for his clients
    in every case.
    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
COMMON PRACTICE AREAS
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
Expungement | Probation Violation
CRIMINAL CASE INFORMATION:
Overview of the Criminal System
Jury Trial | Preliminary Hearings
Motions | Common Terminology
Common Defenses | Fighting a Case

Jail Alternatives | Diversion Program
Immigration Consequences
Warrants | Bail Procedures

PROTECTING YOUR RIGHTS:
Right to Counsel
Right to Remain Silent

Stop & Frisk & Search of Persons
What constitutes a search?
Consent Searches
Search of Vehicles and Effects
How to Suppress Evidence
COMMON DUI DEFENSES:
Mouth Alcohol 
Rising BAC
 
Accuracy of Breathalyzers

Proper Testing Procedure
 
Field Sobriety Tests
 
Driving Pattern

Handling a DUI Stop

LOS ANGELES CRIMINAL DEFENSE ATTORNEY  |  ATTORNEY PROFILE  |  PRACTICE AREAS  |  KNOW YOUR RIGHTS  |  BLOG  |  CONTACT

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