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Nicholas Milan Loncar

Nicholas Loncar’s Answers

1,309 total


  • How can I prove that the intent was not there when entering the structure but while in the structure

    I had been waundering around all day long homeless and suffering from schefrenia.I had not taken my meds for close to a week I waundered into structure to find a place to relax while inside my head was telling me that the crown Victoria had a gun ...

    Nicholas’s Answer

    First, you need not prove anything. The burden to prove your intent upon entry to sustain a burglary conviction is on the government. It is up to your lawyer (not you) to keep the government from meeting their burden and asserting your best defenses.

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  • How many felonies for resisting arrest can one have. And still be on probation ?

    my brother has has nine felonies for resisting arrest while intoxicated he always just gets probation they just add more on now hes up to twelve years probation. He just has to check in with p.o but then like two years later he gets into trouble a...

    Nicholas’s Answer

    You have no right to speak to the judge secretly or in private. If you want to express your opinion to the court, you can speak openly at his sentencing in court. I will also add that I do not think jail helps people and that there is probably a better way to help your brother.

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  • Seatbelt ticket sent to wrong address. Anything I can do?

    What happened was I was parked on the street, did not have my seat belt on while checking over my shoulder to exit my parking space, saw there was a car waiting so drove up to a stop sign about 50 feet ahead then put on my seatbelt. An officer saw...

    Nicholas’s Answer

    You received a ticket from the officer, right? Signed the bottom? That's all the notice that they have to give you. Subsequent notice(s) would usually just be to let you know you if you missed the court date. You can go in and clear the ticket with the clerk's office, either by paying the fine or putting the matter on calendar to go to court. It's going to be much more expensive now than had you paid it initially.

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  • Will the hospital report me to my probation officer for being there for a meth overdose?

    I have an active dui felony case. I served time for three months got an attorney to reduce my sentence I believe. Im worried about something though. I believe I violated my probation. I'm on probation for five years by the way. Could you please...

    Nicholas’s Answer

    It is very unlikely the hospital can report you to your probation officer.

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  • Do I need to clean or seal my record? How can I do it?

    Hi, I was convicted with a misdemeanor Petty Theft in February 2010 in Ventura County, CA. I recently applied for a job and wasn't hired due to the criminal record. I learned from this and have corrected my life ever since. I'm an honor student an...

    Nicholas’s Answer

    California's expungement process is fairly complex in that different types of records and different types of convictions are eligible for different kinds of relief. Getting an arrest record sealed is available in certain limited circumstances, but not where there has been a conviction. For a misdemeanor conviction, the only available remedy is known as a 1203.4 dismissal, California's version of "expungement." This dismissal doesn't erase anything, and court records of the proceedings, including the conviction remain. Whether an expunged conviction will show up on a background check depends on the specific service for a check. It would come up on a livescan or DOJ report, but would show up as having been dismissed. This will allow you to legally say you haven't been convicted of a crime since the conviction is vacated. It's not the most difficult process and you may be able to handle it yourself, especially being an honor student, but it's also not something that an attorney will charge that much for, so it might be worth the peace of mind knowing that it's being handled right, and by someone with experience. Consult with some local attorneys to discuss it.

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  • Can I get my criminal case dismissed? My constitutional rights were violated

    Police stopped me for speeding and found a gun, some meth and several baggies in the passenger's seat. He started asking me questions when he stopped me until he found the stash. However, the police officer forgot to read me my Miranda Rights and ...

    Nicholas’s Answer

    You'll have to go through what happened in careful detail with your attorney to discuss whether your constitutional rights were actually violated as the courts have interpreted them. When you say you were pulled over for speeding, were you in fact speeding? Challenging a traffic stop is one ground for suppressing evidence. Depending on what led to the search that revealed the meth, there may be an argument that the search was conducted without consent, probable cause, plain view exception, etc. As for the Miranda rights, the officer's failure to read you your rights would make inadmissible only statements that you made during custodial interrogation. The Miranda rights have a much narrower application than most people think. It would probably be best to carefully go through what happened with your lawyer. Note that it's not just about what happened, but what your lawyer can show happened. The burden of proof is on the government to show that a search was justified, but the officers will almost certainly testify that it is. It is up to the defense to rebut the officer(s)' testimony with other witness testimony, video footage (police dash cam, local business surveillance, etc. For example, if you had a passenger who can testify that you were not speeding, or were caught on a gas station's surveillance system, it may be possible to determine your actual speed. This is a complex process, but hopefully my answer gives you a slightly better understanding of the way you might be able to get evidence thrown out if the police violated your rights.

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  • How to fix a false convection n on a live scan

    Was convect of drink in public while just have removed but my live scan also says convect of under the inf of drug never have had a drug charge it cause me a lot of heartache and lost in a custody case too Have had cps constiibily say since I hav...

    Nicholas’s Answer

    You may be eligible for a 1203.4 dismissal (expungement) on the drunk in public charge. That could help you clean up your record in addition to having the DOJ correct your record. Consult with some local attorneys about how to best do this.

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  • DUI, how and at which point do I need to ask for a public defender ?

    DUI-first time-- I can't afford a lawyer. My court date is in 3 weeks. Exactly at which point and how do I ask for a public defender. I understand also, I have to notify DMV in 10 days from the day of my arrest but I am eligible to ask for a hea...

    Nicholas’s Answer

    You will be appointed the public defender at your arraignment since you cannot afford to hire your own attorney. The public defender can represent you in court, but you are not entitled to court appointed counsel at the DMV hearing. You must contact the driver safety office of the DMV closest to where your DUI took place in order to schedule your DMV hearing. You may also be able to retain a lawyer just for the DMV hearing.

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