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Nicholas Milan Loncar

Nicholas Loncar’s Answers

1,301 total


  • 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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  • What's the sentencing for these charges

    M-245(A)(1) MS310435A ADW NOT FIREARM M-422(A) MS310435A THRTN CRIME:INT:TERRORIZE M-243(E) MS310435A BATTERY:SPOUSE/ETC-- $10,000.00 M-243(E) MS309321A BATTERY:SPOUSE/ETC-- $10,000.00 F-2(A) SS150266A THRTN CRIME:INT:T...

    Nicholas’s Answer

    The separate counts of PC 422, one as a misdemeanor and one as a felony, as well as the ADW and DV charges suggest multiple victims or multiple acts. The lone felony charge does carry a 3 year prison sentence, and is also a strike as a felony. The good news is it is a wobbler, and your attorney may be able to persuade the DA to consider a misdemeanor on that charge as well. Consult with some CA criminal defense attorneys for more detailed answers and to figure out your best course of action.

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  • Statute of limitation on a warrant for probation violation?

    Someone I know was sentenced to have 3 years probation starting from March of 2012-March of 2015 for probation violation from a narc. possession case back in 2011. On Sept of 2012, it was revoked. A few days ago, he was arrested in LA county bec...

    Nicholas’s Answer

    "Statute of Limitations" does not apply to open warrants. The Possible Violation of Probation had already been filed. The person in question is not off probation for the reasons Mr. Marshall mentioned. OC is a little tougher on probation violations than LA, but it does not seem like the most serious underlying charge. In fact, it may have been a felony at the time, but now reducible to a misdemeanor per Prop 47. Hopefully the violation wasn't serious either. Consult with some local attorneys to discuss the possible solutions and how to avoid any additional jail time for the alleged violation.

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  • How long have your cilents had to wait until their hard drives were searched by hsi after they were seized?

    how long did it take hsi to get to the hard drive, review it, send it to the prosector and have charges filed? im reading that it takes four months but then read some cases where it takes a year and then another where it takes 4 years due to backl...

    Nicholas’s Answer

    I agree with Mr. Haig. The answer to your question depends on many factors, including (1) is there an ongoing threat to public safety or property loss, (2) what kind of crime they would be investigating, (3) the likelihood the investigators think they are to find what they're looking for in the hard drive. It might be wise to hire an attorney to represent you during their investigation. Your lawyer could contact HSI and speak to the assigned investigator to get updates, but even that isn't guaranteed to give you a definite answer.

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  • Will I beat this ticket? (Read below)

    I was in an accident about a month ago. It was a collision in the middle of the intersection where the light was not red for my land of traffic. The counter party attempted to make a right hand turn into the perpendicular street, but was forced to...

    Nicholas’s Answer

    It's worth a shot. It sounds like you've got a pretty good chance at winning your traffic trial.

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  • License suspension

    My driver license has been suspended for a little over a year and my ticket was picked up by GC Services collection agency for a FTA, will I be able to reinstate my driver license and get the fees lowered?

    Nicholas’s Answer

    Unfortunately LA County Clerks are no longer issuing abstracts, which lift the hold off of your license. Up until a few months ago, you could simply go to the clerk and pay $10 and the hold would be off your license. Now, unfortunately, you'll have to either pay the full amount or wait until your arraignment (if you can even get one, since it's with GC services now). Consult with some local traffic attorneys to see what your best course of action is. These old fines with FTAs can get very high, up to $2000, so it may end up being worthwhile to hire counsel, but paying the ticket in full is probably the fastest way to restore your driving privilege.

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  • Can I do community service instead of paying the fine?

    I recieved a speeding ticket back in may on the freeway in the city of glendale,ca going 20 miles over the posted limit. I work for school and im going off of work in 2 days wich means i wont get paidfor 2 months. The fee is 366. I was wondering i...

    Nicholas’s Answer

    You may have options to convert a fine to community service, or to get an extension. How depends largely on what has happened in your case so far. It seems like you probably haven't been to court yet since the ticket was last month. You can go online and get an extension or two before setting an arraignment date, then can set the arraignment date and it'll probably take up the whole summer without you having to pay the fine. Buying time is not very difficult in traffic court. Even if you plead guilty in court, the judge will usually give you plenty of time to pay the fine. Just make sure you don't miss any court dates, as that can get messy and expensive.

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  • Can you be 17 yrs old and get apartment In Kansas City , Missouri ?

    I'm 17 Ill be 18 Sep 3 . I'm still in high school is there a way I.can move out of my parents with they name or signing anything for me ?

    Nicholas’s Answer

    You can't legally be a party to a contract when you're under 18. Maybe with emancipation, but it's still a difficult process, and you might turn 18 waiting for it.

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  • My tenant was arrested a week ago. he most likely will be serving time . what can I do with his belongings / property

    He has a bail set at 2 million dlrs he has a charge of murder in the first degree and a possession of a fire arm.

    Nicholas’s Answer

    I'm going to change your question practice area to landlord/tenant. His stuff being there might be unlawful detainer, but this is a complicated issue you might want to discuss with a lawyer who handles these cases.

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