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Nicholas Milan Loncar

Nicholas Loncar’s Answers

1,309 total


  • Can a 20 yr old female be charged w rape if she had consensual sex w a 17 yr old boy in california.boy is now 18.

    Boy is now 18 threatening to show pics of female to public.after they broke up

    Nicholas’s Answer

    Yes. Per PC 261.5, the age of consent in CA is 18. It is also against the law to send naked pictures to someone under 18.

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  • Is it legal to get arrested and 3 days later have a charge suddenly appear from 4 yrs ago?

    In AR I was arrested for poss of drug para. After 60 days in jail i was released and told they would send me a court date. They never did and it didn't show up until I was arrested for dui, poss of cont subst, poss of drug paraph, & drinkim on hw...

    Nicholas’s Answer

    Sounds like a warrant. Consult with some local attorneys to discuss your best options. Consider giving Mr. Kennedy a call.

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  • Aressted for drug charges, money seized, can I recover that?

    was arrested for 11366 H&S, 11376 H&S, 11350(A). I pled no contest to the 11366 charge and the others were dismissed. They siezed approximately $2,000 from me at the time of my arrest. I am wondering since I was not convicted of any sales charges,...

    Nicholas’s Answer

    Have your attorney file a motion for return of property. I think it's probably unlikely that the investigating officer just turns it over, but stranger things have happened. It sounds like there was some drug use at a house you own or maintain. Luckily this charge is a wobbler and you will be able to reduce your felony to a misdemeanor when you're done with probation.

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  • If you get sentenced to 180 days with 80% complettion do they transfer you to state prison or do you serve it in county jail

    Court Date: Sentence Date: 06/18/2015 Number of days Sentenced: 0 Disposition Code: TSER Disposition Description: TIME SERVED

    Nicholas’s Answer

    Cannot be sentenced to 180 days of prison, only county jail. With 80% completion, the person in question has already served much more than normal on this amount of time. They will be released within 24 hours unless there are holds for warrants in other cases or probation violations.

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  • I have a question regarding a speeding ticket 60mph in a 55mph zone.

    When the ticket was issued I was switching lanes to give a vehicle with flashing lights on the side of the road room. I did accelerate when I moved into the passing lane due to upcoming traffic but switched lanes as soon as I was in a clear distan...

    Nicholas’s Answer

    It seems pretty harsh to get pulled over for going 5 over. With LA traffic, we don't often get a chance to drive half the speed limit, let alone above it, but when we do, it's unlikely that we get stopped for less than 10-15 over. I can't say for sure, but I would suspect that your speeding violation will not affect your ability to get a passport. Discuss your concerns with the lawyer who handled your felony case, but it doesn't sound as though the ticket will cause you such serious consequences, so long as you had a valid license. You always have a right to fight a ticket, but if you do so, make sure you understand the consequences you're trying to avoid and whether it's even worth it. You can also consult with some local traffic attorneys to discuss your options.

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  • Criminal: Court order Violation. Order violated by me to protect myself and property.

    I violated a court order that requires me to give my ex my address. I cannot comply with this order due to violence, threats, and vandalism in the past. Its not that I wish not to, but simply cannot for my personal safety, safety of those around m...

    Nicholas’s Answer

    It sounds like there could be multiple things at play here. You may need to seek a Domestic Violence or Civil Harassment restraining order, defend yourself against contempt and seek modification of any custody arrangements. Based on the limited information I have, I would say that a DV restraining order is your next step, but I'd need to have a better grasp on the situation to advise properly. Consult with some local attorneys who do criminal defense and have experience with restraining orders.

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  • Can a minor traffic violation that has gone to GC services for collection be reversed or reduced to the original fine?

    My son received a traffic violation in November 2013 for not having a drivers license in his possession. We did not receive any notice from the court as far as bail or fine amount. He just got pulled over today to find out his license had been su...

    Nicholas’s Answer

    It is possible to get a ticket from GC services into court in LA County. It depends on whether it is a failure to appear (FTA) or failure to pay (FTP). If it's a failure to appear, the judgement is entered in default, and may be brought back into court. This may even require a written motion to set aside default. If he did appear and the case was resolved (i.e. he was ordered to pay a fine), then the ticket went into FTP status, and there is no way around paying the $577. As Mr. Finnecy pointed out, the most recent ticket is likely to be much pricier, and clearing the hold on the 2013 ticket to get his license restored should be the first step. If he goes to court without a valid license, he'll get a worse outcome, possibly even a misdemeanor. Frankly $577 is a low amount for GC services ticket. I've saved clients as much as 4000 on a few unpaid tickets.

    So, if your son never appeared on the ticket at all, you may be able to go to the GC services window and get the matter put back on calendar. I've rarely seen people do this pro per, and it might make sense to hire an attorney to handle both matters together.

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  • Facing A Jail Or Prison Sentence And A Federal Case (Not DUI)

    Once an investigation is complete by the Federal Gov't, and if they believe they have evidence to convict you, will they come to your home to arrest you, or send you a summons for you go to court first? Also, once you enter a plea of not guilty, a...

    Nicholas’s Answer

    Federal DUI cases are very serious (Sorry, couldn't resist). Whatever type of Federal charges you're under investigation for, the arresting agency will work with the US Attorney's Office and get an arrest warrant. You could consider hiring an attorney or even reaching out to the Federal Defender if you can't afford one. The Federal Defender typically is not appointed until you get to court, but might be willing to help pre-arrest. An attorney (private or public) can help you get a better handle on when the arrest is coming and might help you to stay out during your case (depending on the severity of the charges).

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  • Can Writ of Habeas be used for somebody on probation (not incarcerated)?

    Misdemeanor conviction. Now on probation. Now have a credible evidence proving me being not guilty. Can Writ of Habeas be filed? If not, what kind of motion can be filed to show that evidence to the court?

    Nicholas’s Answer

    If you've been on probation less than 6 months, the easiest option may be a motion to withdraw plea. Talk to the attorney who handled your case, or consult with some new attorneys to discuss the possibilities.

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