Nicholas Milan Loncar’s Answers

Nicholas Milan Loncar

Los Angeles Criminal Defense Attorney.

Contributor Level 17
  1. My daughter who was 20yrs old had sex with a boy that was 17yrs old. can he file statutory rape even though it wasn't?

    Answered 11 months ago.

    1. Nicholas Milan Loncar
    2. Greg Thomas Hill
    3. Joseph Briscoe Dane
    4. Dan Eugene Chambers
    5. Oscar Ernesto Toscano
    5 lawyer answers

    Individuals do not file statutory rape charges, that decision is left up to the DA. A paternity test showing the father's paternity and a little bit of basic math are evidence that your daughter committed a serious crime a little over two years ago. Regardless of his intentions, a minor cannot legally consent to sex in California pursuant to PC 261.5. This charge can be a felony or misdemeanor. As a misdemeanor, it would have to be filed within a year (which has passed). As a felony, it...

    10 lawyers agreed with this answer

  2. My cousin got arrested for crashing her car while trying to hit my cousin, about how much time will she do?

    Answered over 1 year ago.

    1. George Costas Andriotis
    2. Manuel Alzamora Juarez
    3. Nicholas Milan Loncar
    4. Scott Richard Kaufman
    5. Tai Christopher Bogan
    6. ···
    6 lawyer answers

    I took the liberty of changing the category of the question to Criminal Defense. I am a CA criminal defense attorney, but unfortunately cannot give you an answer to your question without more details. I don't even know what she's being charged with. Who knows that she was trying to hit her fiance with the car? Unless she admitted this to police, it'll be tough to prove an intent to injure another. Was she intoxicated? Were either of the children injured? Did the accident cause any...

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  3. My daughter's Bf was arraigned today on 2 felony charges. I will put in details what happened if someone could get back to me.

    Answered 9 months ago.

    1. Nicholas Milan Loncar
    2. Sean Patrick Lewis
    3. Michael Stewart Phillips
    4. Jerome Weldon Matthews Jr
    4 lawyer answers

    If the burglary charge from Redding was a residential burglary, it is a strike and will add time to any future felony conviction. It's a little hard to say what's happening based on your description, but if he's worked out a plea deal to two misdemeanors, it's possible his sentence will be served in less than 30 days of actual jail time. Talk to an attorney over the phone or in person. Preferably with someone local as they'll better understand how overcrowding might be affecting sentences in...

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  4. How long does it take for probation warrants to expire in California?

    Answered 7 months ago.

    1. Nicholas Milan Loncar
    2. Matthew Murillo
    3. Dan Eugene Chambers
    4. Andrew Stephen Roberts
    5. Maltaise E Cini
    5 lawyer answers

    The warrant will not simply expire. To avoid imposition of your suspended sentence, get an attorney to go into court with you and ask for a re-referral into the program. If there was a problem with the specific program, perhaps you can get referred to a different one, but either way, it's time to take care of this. The longer you wait, the worse it gets.

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  5. Bench Warrant for not completing Community Service for a DUI. How much time will I get if I turn myself into the court?

    Answered 9 months ago.

    1. Joseph Briscoe Dane
    2. Peter John Marek
    3. Nicholas Milan Loncar
    4. Michael Douglas Shafer
    5. Michael Stewart Phillips
    6. ···
    6 lawyer answers

    You can explain your situation to the judge and ask to have your community service converted into jail time. I can't vouch for the accuracy of my calculations here or guarantee that your sentence will be within the range I estimate, but I'll try to explain how they do it and give you a better understanding. They'll add time for your failure to appear, and calculate the sentence based roughly on $30 a day credit for the outstanding fine amount. For example, if you still owed about half of the...

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  6. Criminal White Collar. I have posted some questions on AVVO asking about possible criminal charges, white collar defense, and

    Answered 10 months ago.

    1. Stephen F Wallace
    2. Michael Charles Doland
    3. Nicholas Milan Loncar
    4. Brian K Wanerman
    5. John M. Kaman
    6. ···
    7 lawyer answers

    The severity and the uniqueness of the crime are the main factors in determining whether there is a risk of the authorities finding your posts, connecting the dots, and using it against you. If you commit a murder in Palm Springs, it might be pretty easy to tie an Avvo post to the perpetrator. If you're talking about a DUI or Petty Theft in LA, there's just not going to be the type of investigation. Dealing with white collar issues, keep in mind that the investigations are handled...

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  7. How to I obtain an unrestricted license after getting my first dui (California)

    Answered about 1 year ago.

    1. Joshua Matthew Dale
    2. Nicholas Milan Loncar
    3. Anthony David Scott
    4. Lonnie L Mcdowell
    5. Joshua Kaizuka
    6. ···
    6 lawyer answers

    You will get your regular "unrestricted" license back when the suspension is over. Contact the DMV four months after the suspension started. Best, Nicholas M. Loncar, Esq. t: 323.803.4352 | f: 323.617.3838 www.iDefendLosAngeles.com Nicholas.Loncar@iDefendLosAngeles.com Sunset Law Building | 1295 W Sunset Blvd Los Angeles, CA | 90027

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  8. My fiancé was arrested a week ago for a crime he didn't commit?

    Answered over 1 year ago.

    1. Nicholas Milan Loncar
    2. Jared Christian Winter
    3. Forest Michele Wilkerson
    4. Michael Kevin Cernyar
    5. Joseph Salvatore Farina
    5 lawyer answers

    It sounds like your fiance could be facing very serious charges. At this stage, it is certainly possible that a detective won't believe the story and it's the DA who then decides whether to bring charges based on the evidence. Being innocent doesn't mean you don't need an attorney. Get someone on your side ASAP. The earlier an attorney gets started on this case, the better.

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  9. If I move to North Carolina, can I get expungements for all of my criminal cases, in Los Angeles/Ventura County out of state?

    Answered 6 months ago.

    1. Nicholas Milan Loncar
    2. Chad Raymond Maddox
    3. Hudson Thomas Bair
    4. Stephen Troy Allen
    4 lawyer answers

    You would not need to be personally present for expungements/certificate of rehabilitation on these cases. While you're still in CA, it might be best to consult with an attorney to see what can be done about your convictions one by one. Based on the word "parole" in your answer, it sounds as if you did serve a prison term. This would make that case ineligible for 1203.4 dismissal (CA's version of expungement), but it also appears that enough time has passed to successfully obtain a...

    9 lawyers agreed with this answer

  10. Arrested for DUI. No blood results did they lose the blood

    Answered 8 months ago.

    1. Michael Kevin Cernyar
    2. Jeffrey Brett Hayden
    3. Nicholas Milan Loncar
    4. Michael Jon Fremont
    5. Richard Wynn
    6. ···
    6 lawyer answers

    Orange County's crime lab is a mess right now. They had some calibration issues with their blood testing machines and are in the process of re-testing months worth of blood samples. It has caused a backlog and probably some problems keeping track of all of the samples. I hope it works out to your benefit. Good luck!

    9 lawyers agreed with this answer

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