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Nicholas Milan Loncar

Nicholas Loncar’s Answers

1,309 total


  • What's the best approach for red light camera ticker from LA Superior Court?

    I received a red light camera ticket from Inglewood Courthouse which is part of LA Superior Court. I've got mixed advice of how to deal with the ticket. Some say to hire an attorney to deal with the red light camera ticket. Other say that I can ig...

    Nicholas’s Answer

    LA County Courts will NOT issue a warrant, put a hold or your license or send a point to DMV. Some other CA counties do, but this just happens to be LA County's policy for the time being. You might get a few letters demanding payment, but these tickets are unenforceable in LA. Technically, there is no notice of the court date. When you get a ticket, the citing officer has you sign a promise to appear on the bottom. The camera that got you going through a red didn't do that. Because the government can't prove that you were served with a court date (like your signature on the ticket proves with "real" tickets), they can't hold you accountable for missing the court date and they can't find you guilty in default, at least not in LA County. Do not call or go online to set up a court date, however, as you would then be admitting service and can be held responsible for FTA.

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  • Being told to keep calm and carry on while son is being investigated!!!!!!!

    our home was searched and raided last week on a warrant served on our son because they said they traced his internet activity to possible illegal porn. we spoke with several lawyers and the lawyers told us what's done is done and we will have to w...

    Nicholas’s Answer

    There's not much you can do but to hire a knowledgeable, experienced lawyer to represent your son. In the meantime, do not make any statements to law enforcement or let your son do so. Do not cooperate with the investigation in any way unless ordered to do so by court order.

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  • Failed to confirm fix it ticket, and now have a failure to appear on top of that. Is there anyway to get the fine waived?

    The fine is currently set at $589 and the fix it ticket was for a broken headlight, which I replaced. I suppose the only proof that this was dealt with promptly would be from my credit records, as I never took it in for inspection. Is there a way ...

    Nicholas’s Answer

    The traffic court's in LA County will want a sheriff's inspection, with them signing off on the ticket. The FTA adds a hefty fine amount, but many judges will dismiss failures to appear if you have a good excuse. You can also hire an attorney to take care of the ticket for you, but you getting the inspection is half the battle.

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  • Should I fight this 21950a citation?

    I was pulled over after failure to yield to pedestrians during a "sting operation." As I approached the crosswalk in the middle lane heading west a small truck had slowed on the outside lane blocking my view of the pedestrians approaching from th...

    Nicholas’s Answer

    Contesting a ticket on your own is a difficult process. Consider consulting with some local attorneys to discuss the process. Your first court date, known as an arraignment, you will get several options, including a guilty/no contest plea and traffic school. If you enter a not guilty plea, you will get a trial date. If the officer does not show up to trial, you win. If they do, you'll have a tough time. Traffic lawyers are often able to negotiate a lesser charge (e.g. VC 38300, a non-point violation), preserving your traffic school option for a future ticket and saving your valuable time (traffic school is 8 hours). I would also add that if there was a "sting operation" it is likely that the issuing officer wrote many tickets that day, so it'll be less likely that they do not show up to court. You might consider exhausting your extensions before setting the case for trial.

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  • I need lawyer for criminal defense

    I have Santa Rosa police problems because I need to explain face to face or by phone because this is dangerous situation for my son and me

    Nicholas’s Answer

    Contact some local attorneys. You can find them through Avvo, Google or word of mouth (people who you know who have previously had representation in criminal matters).

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  • If person is convicted of DUI in Placer County but there was absolutely NO alcohol involved, only legally prescribed medications

    and state law does not include Placer County in the required use of a breath analyzer, but DMV required one, how can we appeal the requirement?,

    Nicholas’s Answer

    It sounds like the DMV is requiring you to install an Ignition Interlock Device, even though your DUI conviction was not in one of the pilot counties where IID installation is required after a first time DUI. After a second DUI conviction, an IID will be required statewide. The DMV can also require one if you are arrested for driving on a suspended license after a DUI conviction. Have an attorney review the paperwork you received from DMV to see if there is any way to avoid the installation. I know it doesn't make sense that you'd have to install an IID when alcohol wasn't involved, but that is the law. So if it's a 2nd DUI or there was a suspended license violation, you may have to comply.

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  • Im twety four years of age and about two or three years ago I stole a 18pack of beer from a liquor store

    This would be my first offense as a adult for petty theft yet I haven't been aressted yet.the liquor store is holding a picture of me and a reward for any information leading to my arrest i I wana know what.can I do to avoid jail time and being ...

    Nicholas’s Answer

    I agree completely with Mr. Marshall. Unless this can be classified as a robbery, you're in the clear. Petty theft is pretty universally a misdemeanor after Prop 47, with the only exception being the use of force or fear.

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  • My sister needs a lawyer asap

    My sister was receiving public aid for roughly 1.5 years, needless to say she does care giver work thru another agency called ihss she has 4 kid's and is care giving for our severely disabled 25 year old sister which just didn't cover all of her b...

    Nicholas’s Answer

    She does need a lawyer, but hopefully is already getting effective representation. If she can afford an attorney, she can consult with some local attorneys to discuss the case and get a feel for who has the necessary experience, knowledge and other traits you're looking for. If she cannot afford to retain private counsel, California does have some remarkable public defenders.

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  • I violated probation and was charged with vandalism and domestic violence against my bf will writing a letter get it dropped

    I was released from jail in early march. I was granted probation. I violated it by getting new charges. My bf doesn't want to press charges and wants everything dropped but the thing is the state pressed charges not my bf so they said that him wr...

    Nicholas’s Answer

    You've already received some great advice from two very experience, knowledgeable attorneys. Writing a letter to get a case dropped? If that's the result you're hoping for, don't hold your breath, and consult with some local attorneys to discuss other, more viable tactics to defend you.

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  • Got caught shoplifting but no police involve, should I pay the Kohls civil demand of $325? Please advise.

    got caught shoplifting at kohls at Milpitas, Ca. but no police involve. Do they still have the time to call and file a police report even way after the incident? what are my best thing to do?

    Nicholas’s Answer

    No. They are VERY unlikely to do what needs to be done to enforce their demand. You might get a few more letters, but I doubt they'll ever file a case to recover a few hundred dollars.

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