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Nicholas Milan Loncar

Nicholas Loncar’s Answers

1,331 total


  • If a wobbler felony was dismissed by 1203.4 5 years ago can I still apply for a 17b reduction to a misdemeanor ?

    When filing for a 1203.4 dismissal I was unaware of the benefits of a 17b reduction. Is it still possible to go back and reapply for a 17b even after the case was dismissed by 1203.4

    Nicholas’s Answer

    Yes. Se Meyer v. Superior Court (1966) 247 Cal. App.2d 133.

    I recently did a 17(b) for a 1968 case that was dismissed pursuant to 1203.4 way back in 1971. Client can now, after nearly 50 years in the US, become a citizen.

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  • What's the max amount a store can ask for?Can they bring suit against me with a misspelled name? Shouldn't he left store first?

    My son stole $39.00 in merchandise. He was caught prior to leaving the store. They handed him a civil demand notice (without a civil code reference) stating he now owes $425.00. The store had me sign a paper stating he was released into my custod...

    Nicholas’s Answer

    It's not a fine, it's a civil demand. Anyone can say "hey, you owe me money" but getting a civil judgement costs more than they can hope to recover if they're successful. They didn't even lose any merchandise, right? So what are their damages? Plus they'd have to have someone go to court to file a case, to argue it, etc. So can they sue with a misspelled name? Yes. Will they regardless of whether they spell the name right? No.

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  • How can I file into the court case without paying the initial filing fee? Or what should I do?

    I am currently being sued by my ex-wife who has an arrest warrant for criminal harassment. The lawsuit has been filed in a different jurisdiction than the arrest warrant (thus I cannot have her arrested because the jurisdiction for the arrestable...

    Nicholas’s Answer

    Changed the practice area for you to hopefully get more pertinent answers to your question about civil procedures. If she has sued you civilly and you want to file an answer, there may be some way to request a fee waiver to file the answer. Check with the clerk of that court. as for filing your own DVRO, you can do that, and the court where you file it can exercise jurisdiction over people who live in different jurisdictions if they find sufficiently compelling reason to do so.

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  • How many days would I serve?

    I was sentence to 30 days in Santa Ana, ca jail for violating probation with 8 days serve , how many days would I serve ?

    Nicholas’s Answer

    Should be just 7 days. 30 - (2 X 8) / 2 = 7

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  • Ticket for no license no registration and wrong tags will I go to jail?

    Ticket given for driving without a license and no registration and wrong tags the tags was marked as an infraction because I was unaware of the tags on my mom's vehicle it is not in my name it is in my mother's name and her exboyfriend took her ca...

    Nicholas’s Answer

    Jail is possible, but pretty unlikely in your scenario. They might just end up being infractions and costing you some heavy fine money. You can always hire a lawyer as well to improve your chances. If it is filed as a misdemeanor, you'll be entitled to a public defender.

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  • When will my finger prints clear?

    This year I got my record expunged I believe. The judge granted my case. My case happened back in 2012 I believe. I'm trying to get a teaching job. I did my fingerprints last year and the lady for the state said I had to wait till this past May of...

    Nicholas’s Answer

    California's "expungement" is a dismissal pursuant to PC 1203.4. The case is "dismissed" but no records are actually deleted. A dismissed misdemeanor cannot be used against you by a private employer, but there may be some exception for jobs like teaching. Depending on the way the applications are phrased, you may still have to disclose this expunged conviction, and would definitely need to do so with any professional licensing board.

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  • Would I be better off representing myself or using a public defender in a strike felony assault charge?

    My friend/roommate was extremely drunk (.24% B.A.C.) while we shopped at Costco. While unraveling his depression, his behavior was aggressive and he verbally threatened me. We were arguing face to face multiple times. Until I felt seriously threat...

    Nicholas’s Answer

    Go with a public defender or, if you can afford it, a private attorney. You want to be represented. Your PD, if appointed, will know the process, the people involved, the law and is paid to fight for you. Though they'll generally have a big caseload, they tend to do a very good job of protecting their clients from a vicious criminal justice system. While many private attorneys have the luxury of a smaller caseload, not all of them will do any extra work or go above and beyond what your PD would do. It sounds like you have a viable defense, but to properly assert it, you need someone who knows the Penal Code, the Evidence Code and the art of persuasion. Public or Private.

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  • Missed dui payment

    I got a dui 3 and half years ago completed all classes and down requirements never missed a payment but today when I went to make my payment it stated my account is delinquent and has a list of potential consequences. The court is in San Diego an...

    Nicholas’s Answer

    San Diego County has a warrant check feature online (LA does not).

    http://apps.sdsheriff.net/warrant/waar.aspx

    To be safe, you can call an attorney or bail bondsman in the morning who can check in court for you, or you can check at the clerk's office yourself in the morning if you're gonna be in San Diego. If a warrant was issued, you may have to appear in court to recall the warrant, but can usually have an attorney appear for you. Maybe a local attorney will reply to you hear, or you could try searching for one to try to hire on this very short notice. Even lawyers already at court might be willing to help you out if you need representation. Good luck.

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  • Will i go to jail behind this or do you think the judge will hear me out and believe im innocent.

    Ive been invovled with a man for a yr. Weve recently had my first child and lived with eachother for 2 mnths.well as we were out i was food shopping for about a half in hour wen he ran in with bby sayn she was not responding.we took her to hospita...

    Nicholas’s Answer

    The judge will not hear you out. You need an attorney. There are serious charges here, and though you have a good defense of not knowing, you're up against experienced prosecutors who will not look favorably on you with the injuries/danger your baby was in. I hope that your daughter is ok, and I wish you the best in your case. If you have the funds for a private attorney, I recommend consulting with several to better understand your situation and make an informed decision on who to hire. If you cannot afford an attorney be sure to request a public defender at court. Public defenders are often overworked, but are also generally very dedicated attorneys with experience and a working relationship with your judge and prosecutor. Good luck.

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  • How is someone released from jail when "no bond" was set?

    My ex has been charged with felony domestic violence stalking and harassment in Colorado last month. An extraditable warrant was issued for his arrest and about a week ago he was picked up in Nebraska. He was held as a fugitive from justice awai...

    Nicholas’s Answer

    Nebraska could only hold him for so long before either Colorado came and got him or they would have to release him. It sounds like Colorado chose not to come and get him, so the jail that had him had to release him. if you have concerns for your safety, consult a local court and/or attorney to see about restraining/protective order options available in your community.

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