Cleaning up your record after a criminal conviction is an important step in moving forward from your arrest or conviction.  Having a criminal record can greatly affect employment opportunities, professional licenses, immigration status, school and more.  If you have been arrested or convicted of a criminal offense in California, there is some available remedy to clean up your record.  You may not be able to wipe the slate completely clean, but our office can quickly identify your needs and get to work on cleaning up your criminal history, giving you better odds with background checks.

1203.4 DISMISSAL / "EXPUNGEMENT"
The most common remedy post-conviction that Californians use to clean up their criminal records is a dismissal (commonly referred to as "expungement") pursuant to Penal Code Section 1203.4.  A dismissal is appropriate when a defendant has successfully completed probation in a misdemeanor or felony case.  Those convicted of felonies and sent to State Prison do not qualify for a 1203.4 dismissal.  Whether you want to get rid of an old DUI conviction, or serious felony, taking this step will likely impact your career and education prospects.  Once a 1203.4 petition is granted, you can legally say that you have never been convicted of a crime, enough for most hiring practices. 

17B MOTION TO REDUCE FELONY TO MISDEMEANOR
Those convicted of certain felonies can petition the court to have the felony conviction reduced to a misdemeanor for all purposes, including gun rights and immigration purposes.  Only some felonies, known as "wobblers" qualify for a 17B reduction.  If the felony of which you were convicted can also be filed as a misdemeanor, then it is a "wobbler" and is eligible for a reduction.  In all felony cases, it is important to have skilled, passionate representation who can try to help you avoid a felony conviction.  An important part of plea bargaining for a felony defense lawyer is to attempt to resolve the case for a "wobbler" rather than a felony, allowing the defendant to later have the felony reduced to a misdemeanor and expunged.

MOTION TO TERMINATE PROBATION
Because a 1203.4 dismissal petition and 17B motion require that a convicted person be off of probation, it is important to discuss another very common motion: motion to terminate probation early.  Probation grants in San Diego misdemeanor and felony cases are typically from 3-5 years.  If you have compelling reasons to need to be off probation sooner, and have completed all that is required by the terms of your probation, you may be eligible to terminate your probation early.  This motion can be run together with an expungement or 17B motion to reduce a felony to a misdemeanor.

PROP 47 PETITION OR MOTION FOR RE-SENTENCING
In 2014, California voters passed a law making all theft offenses of under $950 and all drug possession cases misdemeanors.  Previously, many have been convicted of commercial burglary (PC 459) for shoplifting offenses, and many have received felony convictions and sentences for drug possession cases (HS 11350, HS 11377, HS 11357(a)).  If you have a felony conviction for a theft of a small amount of property or for possession of cocaine, heroin, prescription medications, methamphetamine or concentrated cannabis, that felony has been designated a misdemeanor, and you can file a petition to have your record reflect that change of the law.

CERTIFICATE OF REHABILITATION
Felons sentenced to state prison may not apply for a 1203.4 dismissal.  But this does not mean that a felon who served time in prison cannot take action to clean up their record.  A certificate of rehabilitation can end sex offender registry requirements and restore gun rights.  In order to apply for a certificate of rehabilitation, the defendant must have been off parole for at least seven years and not suffered any new convictions.  The burden is on the petitioner to show rehabilitation.  Those who served a probation sentence in a felony case may still apply for a certificate of rehabilitation after obtaining a 1203.4 dismissal.  Additionally, a certificate of rehabilitation serves as an application for a Governor's pardon.

PETITION TO SEAL AND DESTROY ARREST RECORDS
If you were arrested for a crime, but never charged, the case was dismissed or you won your trial, you may be able to obtain the ultimate relief to clean up your record: having your arrest record sealed and later destroyed.  In these cases, the petitioner must show, by clear and convincing evidence, that they were innocent of the arrestable offense.  When a criminal charge is not filed, dismissed or the government failed to meet its high trial burden, that does not automatically mean that the defendant is innocent.  Factual innocence petitions are brought under PC 851.8, and are very difficult to win.

DETENTION LETTER
If you cannot meet the burden of proving factual innocence, it is still possible to request that the law enforcement agency issue a letter or certificate indicating that there was no arrest, but rather a "detention" only.  This will allow you to say, under oath, that you have never been arrested, and all records will reflect that there was no arrest.

If you have been arrested or suffered convictions in the past, there is some way that you will be able to clean up your record.  I hope that the information contained in this article was helpful to gaining an understanding of what kind of post-conviction relief is available, but please note that it is no substitute for a consultation with a San Diego Criminal Defense Attorney.  Call the Law Offices of Nicholas Loncar now for a Free Consultation.  619-550-4422

Financial or "White Collar" crimes have taken on a bigger role in criminal defense than ever before.  While traditionally non-violent and without physical harm to its victims, white collar crime can greatly impact victims' financial well-being and sense of security.  From more minor offenses like using another's credit card information to make an online purchase, to embezzling millions of dollars of client or company funds, offenses involving theft and fraud have become a major focal point of prosecuting agencies and law enforcement.  Not only does the Federal government place a major emphasis on investigating financial crimes, insurance fraud and securities violations, but local law enforcement agencies are increasingly devoting their resources to stopping white collar crime.

Al Capone, one of the most notorious mobsters in US history, likely guilty of hundreds of murders, bootlegging and a host of other illegal activity, was finally caught and sentenced for none other than tax evasion.  The FBI, SEC, IRS and other federal law enforcement agencies devote substantial resources to investigating financial and fraud crimes, and the US Attorney's Office is aggressive in its prosecution of these offenses.  Moreover, the LAPD and LASD each have units dedicated to uncovering and investigating fraud and white collar theft offenses.  These cases are complex, frequently requiring attorneys to review thousands of pages of financial records.  Investigating and defending financial crimes is complicated and requires a devoted, intelligent, knowledgeable and experienced criminal defense attorney.  Where appropriate, it may even be advised to have a team of multiple attorneys handle a complex financial crimes case.  Innocent mistakes or misinterpretation of records by law enforcement can lead to wrongful accusations.  Moreover, the complexity of these offenses can make their discovery and proper understanding by law enforcement difficult.  It is imperative that those under investigation for financial crimes have an attorney on their side, particularly during any questioning.

Common white collar criminal offenses include: bank fraud, bankruptcy fraud, bribery, corporate fraud, counterfeiting, credit card fraud, cyber crimes, election fraud, embezzlement, extortion, forgery (including fake ID), hacking, healthcare fraud, hedge fund fraud, identity theft, immigration fraud, insurance fraud, lending fraud, money laundering, piracy/intellectual property theft, pyramid schemes, racketeering, RICO laws (organized crime), securities fraud, tax evasion, tax fraud, telemarketing fraud, welfare/benefits fraud and wire fraud.  Senior citizens are among the most frequent victims of fraud-based crimes and crimes targeting seniors can be punished more harshly.

The term "white collar" stems from the increased likelihood that perpetrators of white collar crime will be professionals or even government officials.  White collar crime defendants are frequently first time offenders, not having had any negative contact with law enforcement previously.  Being in a position of being entrusted with large sums of money can be tempting, and can also make a crime appear "easy" to get away with.  Though financial crimes are harshly prosecuted, the frequent lack of a criminal record is a major selling point in negotiations with the prosecuting agency, and can help to bolster the defendant's credibility should the case need to proceed to trial.

San Diego is a major city with a strong presence of major world-class corporations and industries.  Furthermore, tourism and financial crimes are often closely related, with tourists being frequent victims and perpetrators of financial crimes.  The proximity of San Diego to the Mexican border also means increased fraud pertaining to immigration, benefits, organized crime and more.

San Diego Criminal Defense Attorney Nicholas Loncar has a background in economics, and possesses the skill, knowledge and experience to help you with your financial crimes case.  Whether you simply made an error in judgement, an accounting error, or have been falsely accused, the Law Offices of Nicholas Loncar will identify your best defense and work hard to achieve the best outcome in your case.  If you have been arrested or charged with a white collar crime in San Diego, the consequences can be severe, and you need a passionate, aggressive attorney on your side.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation. 619-550-4422

Those convicted of misdemeanor and felony offenses in San Diego are often placed on probation in lieu of, or in addition to a county jail sentence.  Felony probation is more likely to include jail time, but does not have to.  Felony probation is typically formal probation, and probationers must report to probation officers with the San Diego County Probation.  SD County Probation supervises over 22,000 people.  Misdemeanor probation is typically informal, or summary probation.  Misdemeanor probationers generally do not need to report to a probation officer, but must obey all laws, court orders and may be required to periodically attend court for progress reports and to show compliance with orders of the court.

MISDEMEANOR PROBATION VIOLATIONS
Most misdemeanor offenses are punishable by up to 6 months or a year in county jail.  If you or a loved one is on misdemeanor probation and picks up a new case, the charges could become quite serious, with a strong likelihood of jail time.  Misdemeanor probation violations typically involve (1) picking up a new misdemeanor or felony case, (2) a failure to appear in court (e.g. to show proof of enrollment or completion of a DUI, drug or domestic violence class), failure to complete community service/community labor, and failure to pay fines and restitution.  Regardless of the violation, you are entitled to a hearing on the issue of whether there in fact was a probation violation.  There are defenses, and the consequences are subject to negotiation with the prosecution and the discretion of the court.  Having a knowledgeable, passionate advocate on your side is important.

FELONY PROBATION VIOLATIONS
Felony probation violations are very serious.  In felony cases, the court has to find compelling reasons not to impose a state prison sentence.  Probation is seen by the court as a privilege to avoid a long time in custody.  Felony probation violations can occur whenever a probationer (1) picks up a new misdemeanor or felony case, (2) fails to appear in court, (3) fails to report to probation, (4) failure to register (e.g. as a narcotics offender or sex offender), (5) failure to comply with programs and conditions ordered by probation officer, and (6) failing drug tests.  Felony probation violations can carry very serious consequences.  Some grant's of suspension include what is known as a suspended sentence (or "joint suspension").  This means that the court has already imposed a prison term, but stayed the execution of the prison sentence if the defendant is successful on probation.  Any violation can trigger imposition of the prison sentence.  Even in cases without a suspended sentence, the judge may elect a prison term in the sentencing range for the conviction offense.  Avoiding being sent to prison is the most important aspect of felony violations of probation. 

FAILURES TO APPEAR
Failing to appear in court while on probation is likely to trigger a probation violation, and possible jail time.  If you have failed to appear in court on an open case, or while on probation, it is important to get back into court to clear the warrant as soon as possible.  Failures to appear are common in both misdemeanor and felony cases, with defendants missing progress reports and other court dates.  Due to felony probationers reporting to the probation department, there are fewer court dates for felony probation.  Misdemeanor DUI and domestic violence probation typically will have the most court dates, with special court dates to pay fines and fees, show proof of enrollment, progress and completion of schools and classes.

NEW CRIMINAL CASES
Picking up a new criminal case is likely to trigger a probation violation.  "Obey all laws" is always a condition of probation, and being arrested for a new offense will likely be a violation of that term.  Avoiding a conviction in the new case is the best way to defend against a violation of probation.  Additionally, it is possible to negotiate with the prosecutor and/or persuade the judge to reinstate probation without sentencing you to more jail or prison time.  If you or a loved one is on probation and has been charged with a new criminal offense, understand that the consequences could be more severe than they would for someone who was not on probation at the time of arrest.

FAILURE TO COMPLETE CONDITIONS
Failing to perform community service or community labor, failure to enroll in or complete drug, DUI or domestic violence classes, failure to pay fines, fees and restitution can all be probation violations.  If you have unfulfilled obligations to the court, you can go into court to seek an extension.  The sooner you do this, the better.

FAILURE TO REPORT TO PROBATION
A felony probationer's reporting obligations will be determined by the probation department.  When a probationer fails to report to the probation officer as directed or fails to pay the mandatory fees and costs of supervision, the probation officer can calendar a possible violation of probation hearing and the defendant will have to appear in court.  If you have to appear in court for a probation violation, it is best to have a knowledgeable, experienced criminal defense attorney by your side.

EFFECT ON EXPUNGEMENT AND EARLY TERMINATION
Getting a probation violation not only carries jail or prison time and other possible conditions, but a violation can make expungement and early termination or probation much more difficult.  Avoiding a violation in your criminal case can help to make expungement easier down the line, and will not stop you from seeking an early termination of probation.

If you are facing a probation violation in San Diego, contact the Law Offices of Nicholas Loncar for a Free Consultation with a San Diego Criminal Defense Attorney.  Whether you are on probation for DUI or Robbery, a violation has consequences that you should do your best to avoid.  If you have questions about probation, expungements, motion to terminate probation or a probation violation hearing, contact the Law Offices of Nicholas Loncar for a free consultation with a San Diego Criminal Defense Attorney.

Driving Under the Influence ("DUI") is commonly referred to as "Drunk Driving" and is typically associated with the consumption of alcohol.  More and more, however, Californians are facing DUI charges for being under the influence of substances other than alcohol.  In fact, as of 2014, Driving Under the Influence of drugs has its own subsection of the vehicle code.  VC 23152(e) makes it a misdemeanor to drive a motor vehicle while under the influence of drugs, including marijuana and prescription drugs. 

DRIVING UNDER THE INFLUENCE OF PRESCRIPTION DRUGS
A doctor's prescription for Xanax or a medical marijuana recommendation do not preclude an arrest or conviction for DUI.  Prescription drugs, even used as recommended by a physician, make up a sizable number of DUI arrests in San Diego.  Drivers who take prescription medications frequently reveal too much information to officers conducting a DUI investigation.  Just as you would not want to admit to drinking alcohol, it is almost always unwise to answer an officer's question when suspected of DUI.  In addition to medical marijuana and Xanax, painkillers, Ambien and other medications can affect driving and lead to criminal charges.  Again, it is important to note that a doctor's prescription is not a defense to DUI.  Ambien situations are unique in that the pill has caused many people to drive while asleep and unaware of their actions.  Asserting this defense requires having a knowledgeable attorney and using the testimony of a medical expert who can explain the episode.

WHAT IS THE LEGAL LIMIT FOR DRUGS?
It is well-known that the legal limit for blood alcohol concentration (BAC) for driving is .08.  Alcohol is the only substance where intoxication can be legally proven simply by showing that the defendant's BAC is above the legal limit.  Other drugs do not have such a "limit" in place.  Simply having any quantity of a drug in one's system is insufficient to sustain a conviction for DUI.  Instead, the government must prove actual impairment.  Defending drug-related DUI charges requires an understanding of how different drugs affect the central nervous system and a driver's ability to safely operate a motor vehicle.  There are no relied-upon studies correlating levels of drugs and metabolites of drugs in a person's blood or urine to a person's ability to safely operate a motor vehicle.  While many officers are certified as Drug Recognition "Experts" these officers' observations and conclusions can be challenged through effective cross-examination and expert witness testimony.

DRIVING UNDER THE INFLUENCE OF MARIJUANA
Marijuana use is widespread in San Diego, and arrests for Driving Under the Influence of marijuana are still common.  Despite the legality of medical marijuana, and the decriminalization of possession for personal use, driving under the influence of marijuana is still a crime.  Like driving under the influence of any other drug, the best defense to marijuana DUI charges is that the driver was not actually impaired.  Field sobriety tests and officer observations of a person under the influence of substance other than alcohol are not reliable measures of the ability to drive safely.  Often, the arresting officer will note the odor of marijuana and red, watery eyes as the only indicators of marijuana impairment.  Absent a bad driving pattern or very poor performance on field sobriety tests, it can be difficult for the government to meet their high burden at trial.

DRIVING UNDER THE INFLUENCE OF HEROIN OR PAINKILLERS
Heroin and other opiates can make users "nod out" at any time.  Driving a motor vehicle under the influence of heroin or pain medication can be extremely dangerous.  While an officer is not likely to smell or even see that someone has been using opiates, DUI charges are more likely to arise in such cases if there is a traffic collision.  If an officer responds to an accident, but does not smell alcohol, they will often request the driver to provide a blood sample. 

DRIVING UNDER THE INFLUENCE OF COCAINE OR METHAMPHETAMINE
Cocaine, meth and other central nervous system stimulants have a different effect on drivers than other drugs.  CNS stimulants can make people drive faster and more aggressively, sometimes leading to accidents or pullovers.  Proving that someone was under the influence of a CNS stimulant can be a difficult task for prosecutors, and effective cross-examination and expert witness testimony can go a long way in avoiding a conviction.

EFFECT ON DRIVER'S LICENSE
Driving Under the Influence of alcohol typically triggers two separate convictions.  There is a six-month court suspension upon a first conviction for DUI, and there is also a 4 month administrative suspension which automatically begins 30 days after arrest unless the driver requests a hearing.  In drug DUI cases, there is no administrative suspension.  Therefore, avoiding a conviction in a drug DUI case will likely mean no loss of license.  If your attorney can get your DUI charges dismissed or reduced to "wet reckless" or exhibition of speed, or win your jury trial, you will not face any license suspension for DUI.  A restricted license is possible

If you or a loved one has been arrested or charged with driving under the influence of drugs, it is important to have an experienced DUI lawyer, who also understands how different drugs can affect the body and a driver's ability to safely operate a motor vehicle.  Our firm has experience handling a wide range of DUI charges, including driving under the influence of drugs, vehicular homicide under the influence of drugs, felony DUI, misdemeanor DUI, DUI with a prior and more.  Contact the a San Diego Drug DUI Lawyer for a Free Consultation.  619-550-4422

Graffiti and other vandalism is very common and prevalent in San Diego and across Southern California.  Graffiti also plays a prominent role in gang culture, music and modern art.  It is important to note that vandalism also includes keying a car, breaking a window, ripping paper and much more.  Pursuant to California Penal Code Section 594, it is a crime to maliciously deface, destroy, or damage the property of another person.  PC 594.2 makes it a separate crime to possess different instruments commonly used to commit vandalism (spray paint, window-breakers, bricks), but the government must also prove that the defendant had the intent to use those tools to commit vandalism.

Vandalism carries a wide range of punishments.  For a first time offender, vandalism where the damage done is valued at less that $250 can be reduced to an infraction charge, punishable only by a fine and no jail time.  Typically, however, vandalism is a misdemeanor or a felony, determined by the value of the damage and the criminal history of the defendant.  Vandalism with damage below $400, the charge will be for misdemeanor vandalism.  Vandalism causing more than $400 worth of damage will likely be charged as a felony.  Restitution is usually ordered, as well, whereby a defendant will not only face jail, probation and fines, but must also repay the victim/complaining witness for any damage done.

Defenses include: mistaken identity, false accusations, consent of the owner, and determining the true value of damage done.  Vandalism is often the result of revenge, anger, intoxication, fun or boredom.  In addition, gangs use graffiti to identify their territory by use of "tags" on buildings, walls, sidewalks, signs and even vehicles.  Gang enhancements can make an otherwise less serious offense very serious.  Gangs are not the only cause of vandalism, however, with plenty of others, who do it for revenge, anger, fun or boredom.  Even a misdemeanor conviction for vandalism looks bad on background checks and can affect employment, professional licensing and more.

If you or a loved one has been arrested, charged with vandalism or is under investigation, you can expect aggressive prosecution for the offense in San Diego.  Contact us now for a free consultation with a Los Angeles Criminal Defense Attorney.  619-550-4422

Traffic tickets are a major revenue-builder for the county.  A speeding ticket, red light ticket or other minor violation can costs hundreds of dollars.  Points on your driving record may cause your insurance company to raise your premiums and an accumulation of points can lead to a license suspension.  In addition, missing court or missing a deadline can lead to even higher fines, a hold on your driver's license, and a warrant.  Tickets for driving without a license, driving without insurance, driving an unregistered vehicle, etc. are exceptionally expensive.  It is not uncommon for a few tickets to spiral out of control and end up costing you thousands of dollars or your driver's license.  To make matters worse, dealing with the traffic court and the DMV can be frustrating and unsuccessful. 

If you or a loved one has warrants for failing to appear in court or has had difficulty obtaining or maintaining a driver's license, it may help to have an experienced defense attorney on your side.  For more run-of-the-mill traffic tickets (speeding, red light, lane change, cell phone), it may not always be cost-effective to hire an attorney.  For traffic offenders who have not done traffic school in the past 18 months, it may be possible to keep the point off of your license and pay the fine for less money than attorney's fees.

If you have recently attended traffic school, have a multitude of points already or are facing pricy or serious violations, it may make sense to hire an attorney to give you the best chance at beating your ticket.  Due to the long time it takes to get a traffic case to trial, officer memories fade, and officers might not even appear at your traffic trial date if they have more pressing obligations.  If the officer does appear, and took strong notes relating to your traffic stop, your attorney may be able to negotiate your ticket down to a non-point violation (e.g. VC 38300).  This way you will avoid a point on your license, pay a small fine, not have to attend traffic school, and perhaps most importantly, retain your traffic school eligibility for a future violation.

Keeping your driving record clean and maintaining a license can be very important for all drivers, but is especially important for drivers who drive for a living.  Truck drivers, Taxi/Uber/Lyft drivers, EMTs and must take greater steps to avoid traffic convictions and points.

Some traffic-related tickets are misdemeanors and are not handled in traffic court.  Driving without a license or with a suspended license are both frequently charged as misdemeanors, subjecting the defendant to jail time and probation.  If you or a loved one is facing a misdemeanor traffic ticket, it becomes even more unwise to defend ones self. 

Contact the Law Offices of Nicholas Loncar now for a free consultation with a San Diego Criminal Defense Attorney.  We can discuss your specific situation and you can decide whether you stand to benefit from having an attorney fight your ticket or criminal case on your behalf.  Frankly, there are many times when hiring an attorney on a traffic ticket is not worth the attorney's fees, but in some cases, retaining counsel can save you thousands of dollars and keep you on the road.

California has tough laws dealing with auto theft, especially carjacking (auto theft involving the threat or use of force).  Cars are valuable property and are frequently left unattended by their owners.  While law enforcement efforts to recover stolen vehicles have greatly improved, auto thefts are still a common crime in San Diego.  Information about other theft crimes.

GRAND THEFT AUTO  -  PC 487(d)(1)
The term Grand Theft Auto has become widespread due to its popularity in movies and video games.  California Penal Code Section 487(d)(1) makes it a crime to take another person's vehicle with the intent to permanently deprive the owner.  Automobile thefts are a common crime in Southern California.  With San Diego's close proximity to the Mexican border, stolen cars are often driven across the border, where they can be resold or used for parts.  Additionally, cars can be stolen for use in other crimes ("getaway" vehicle).  Due to the value of most automobiles, grand theft auto is usually a felony, though due to Prop 47, theft of a vehicle valued at less than $950 will be a misdemeanor for most defendants.  Frequently, the wrong individuals are charged with auto theft offenses.  Drivers may not know that a vehicle was stolen, or may believe that they have the owner's consent.  Sometimes these misunderstandings are easy to clear up, but other times felony charges are filed.

CARJACKING  -  PC 215
California Penal Code Section 215 makes it a felony to take a vehicle from the immediate presence of another person using force or fear.  Carjacking may require less technical skill than auto theft because the owner typically has car keys.  Carjacking is a "strike" offense and punishable by up to 9 years in California State Prison (85% time).  Additionally, carjacking charges will often include additional serious felony charges, including robbery, kidnapping, assault, assault with a deadly weapon, criminal threats and more.  Use of a knife or firearm or injuring someone during the commission of the crime will also lead to significantly enhanced penalties.  Moreover, gang enhancements can lead to even longer prison sentences in felony cases.  Carjacking, like most crimes, has a wide range of possible defenses, including mistaken identity, false accusations, lack of force or fear, and that the vehicle was not taken from the owner's immediate presence.  Unlike grand theft auto, carjacking is not subject to reduction to a misdemeanor for vehicles valued under $950; taking a worthless vehicle by force or fear will still be a felony and a strike, punishable by a long term in prison.

AUTO BURGLARY  -  PC 459
Burglary is entering a structure or vehicle with the intent to commit a theft or any other felony upon entry.  Auto burglary is second degree burglary, a wobbler.  Breaking into a car to steal a radio, for example, is auto burglary.  Stealing a car from inside a garage can be charged as a first degree (residential) burglary if the garage is attached and functionally connected to the inhabited portion of a home.  Breaking into a car to steal the car, but then failing to actually steal the vehicle will also likely result in auto burglary charges.  Auto burglary can be punishable by county jail or state prison, depending on the defendant's record and the severity of the crime.

JOYRIDING / UNAUTHORIZED USE OF A VEHICLE  -  VC 10851
Taking the vehicle of another with the intent to use it temporarily may not be enough to sustain a conviction for grand theft.  Due to the burden of proving each element of a crime resting on the government, there may be insufficient evidence to prove that a defendant intended to permanently deprive the owner of a vehicle.  While Grand Theft Auto is almost always charged as a felony, even for first offenses, a first charge for joyriding (absent additional crimes involved) will typically be charged as a misdemeanor.

Auto theft-related charges are very serious and require an aggressive defense.  If you or a loved one has been arrested or charged with a car theft offense in San Diego, you need a passionate, aggressive and knowledgeable attorney on your side to fight for you.  Contact a San Diego Criminal Defense Attorney for a free consultation.  619-550-4422

Homicide is the unlawful killing of a human being and includes Murder (both first and second degree), Felony Murder, Voluntary Manslaughter, Involuntary Manslaughter, Watson Murder, DUI Manslaughter and Vehicular Manslaughter.  When the death of a human being is involved, the severity of the crime skyrockets.  DUI, for example is a misdemeanor, is typically a misdemeanor, but when someone is killed, it can lead to 10 years in prison.  If the defendant has a prior, it is punishable as murder.  Assault, even with a deadly weapon, is punishable by much shorter stays in prison than an intentional or unintentional crime that leads to someone's death.the death of another person.

Homicides of all kind are treated very seriously and are harshly prosecuted in San Diego.  Here is a breakdown of the different California Laws dealing with homicide:

FIRST DEGREE MURDER LAWYER
Pursuant to Penal Code Section 187, murder is the intentional killing of another human being with malice aforethought.  First degree murder is charged in premeditated crimes, murders involving explosives and killings occurring during the commission of a felony pursuant to California's felony murder rule.  First degree murder is always a felony, always a strike, and punishable by 25 years to life in prison.  With aggravating factors present, California also imposes the death penalty is some first degree murder cases.

SECOND DEGREE MURDER LAWYER
Second degree murder, also covered by PC 187, is an intentional killing of another human being, but is not premeditated.  Second degree murder is punishable by 15 years to life.

VOLUNTARY MANSLAUGHTER ATTORNEY
The idea of "voluntary" manslaughter is counter-intuitive.  If a killing is intentional, it is typically charged as murder, but there is a defense in cases commonly referred to as "passion" killings.  Here, a seemingly deliberate act (stabbing, shooting, etc.) is not deemed a murder due to the heat of the moment, and the defendant's inability to form the intent and malice required for a murder conviction.  Unlike murder, voluntary manslaughter is punishable by a maximum of 11 years in prison.

INVOLUNTARY MANSLAUGHTER LAWYER
Involuntary manslaughter is what most people think of when they hear the term manslaughter.  When a defendant has committed an illegal act, resulting in the death of another human being, but there was no intent to kill, then involuntary manslaughter is the proper charge, pursuant to Penal Code Section 192(b).  Involuntary manslaughter is punishable by up to 4 years in prison.

DUI MANSLAUGHTER LAWYER
Penal Code Section 191.5, Gross Vehicular Manslaughter While Intoxicated, is the California law regarding DUI homicide.    The victim can be another driver/passenger or pedestrian.  In order to convict for DUI manslaughter, the government must prove that the defendant violated the state's drunk driving laws (either that the driver had above a .08 blood alcohol concentration at the time of driving, or that the person was impaired, affecting their ability to drive).  Additionally, the prosecution must prove that the defendant committed an additional illegal act that caused the accident.  DUI manslaughter is always a felony, always a strike and carries a sentence of Four, Six or Ten years in California State Prison.

VEHICULAR MANSLAUGHTER ATTORNEY
Penal Code Section 192.5, Vehicular Manslaughter covers vehicular homicides not involving drugs or alcohol.  Negligent driving need not be the result of any drug or alcohol use, with an increasing number of traffic fatalities now due to cell phone usage and other distracted driving patterns.  Speeding, reckless driving, running a stop light, etc. can all be very dangerous and lead to the death of another person.  Vehicular manslaughter is punishable by 16 months, 2 years or 4 years in prison.

WATSON MURDER ATTORNEY
Pursuant to the case People v. Watson, California law considers driving recklessly while intoxicated enough to meet the wanton disregard requirement for second degree murder by "implied malice."  It is from this case that California DUI Murder gets its nickname, "Watson murder."  If you have ever pled guilty or no contest to DUI, you may also recall being given a Watson advisement, advising you that if you are arrested for DUI again, and that DUI leads to an accident where someone is killed, you can be charged with murder.  Our office typically advises clients NOT to sign the Watson advisement portion of the DUI waiver form in plea negotiations, but the advisement is given nonetheless.  Watson murder is among the most serious charges in California criminal law and requires a strong grasp of DUI science, accident reconstruction and more.  More About WATSON MURDER

ATTEMPTED MURDER LAWYER
Simply intending to kill another person is not enough for attempted murder.  California law requires intent to kill as well as taking a direct or substantial step towards a murder.  Mere preparation is not enough (e.g. purchasing a weapon and driving to someone's home).  Putting poison in a drink has been deemed to be enough, regardless of how long or likely it will be that the intended victim ever drinks the poison.  First degree attempted murder is punishable by life with the possibility of parole.  Second degree attempted murder is punishable by 5, 7 or 9 years in prison.  The difference between first and second degree attempted murder depends on premeditation.

If you or a loved one has been charged with a homicide offense, having a talented attorney or team of attorneys is absolutely vital.  Facing a homicide charge is one of the scariest events a person can face, with the very real possibility of up to life in California State Prison.  Call a San Diego Criminal Defense Attorney Now for a Free Consultation to discuss your criminal case, defenses and what to expect in court.  Call anytime.  619-550-4422

Under the Second Amendment to the US Constitution, many weapons can be lawfully possessed.  Most citizens may own a firearm and keep it in their homes, or transport it to and from a gun range.  With additional permits, many Californians are licensed to carry and carry a concealed weapon.  Additionally, many pocket and hunting knives may lawfully be owned, possessed and carried lawfully.  As such, it is important to note that weapon possession is not automatically a crime, and that in many cases, weapons can be possessed lawfully and without incident.

On the other hand, there is a lot of conduct relating to weapons that can lead to arrest and some very serious criminal charges.  With both a large gang problem and a large military presence, San Diego has more guns per capita and per household than any other major city in California.  Guns are bought and sold both legally and illegally and used in both unlawful and lawful ways.  Carrying a concealed weapon (PC 25400), brandishing a firearm (PC 417), carrying a loaded firearm in public (25850), being a felon in possession of a firearm (PC 29800), possession of an assault weapon (PC30600), possession of a firearm on school grounds (PC 626.9) and possessing a "generally prohibited weapon" such as brass knuckles, switchblades and sawed off shotguns (PC 16590) can all lead to very serious felony charges.  Additionally, HS 11370.1 makes it a felony to be armed with a firearm and possess narcotics, a crime punishable by up to 4 years in prison.

In addition to charges for unlawful use or possession of firearms and other weapons, there are enhanced penalties for use of a weapon during the commission of another crime.  Some of these "enhancements" include: being armed with a firearm during the commission of a felony (PC 12022), possessing ammunition designed to penetrate metal or armor (PC 12022.2), using or possessing a firearm during the commission of certain sex offenses (PC 12022.3), furnishing/attempting to furnish another with a firearm to aid that person in committing a felony (PC 12022.4), personally using firearms, assault weapons, machine guns, etc. during the commission of a felony (PC 12022.5), personally using a firearm during the commission of a serious felony (PC 12022.53) and discharging a firearm during the commission of a felony (PC 12022.55).  California firearm sentencing enhancements carry very serious penalties, including additional time in California state prison, in addition to (consecutive) to the time faced for the underlying felony crime.

The best defense in firearm cases typically revolves around unlawful search and seizure issues.  If the police violate a defendant's Fourth Amendment rights, a motion may be brought to exclude the firearm and other evidence, pursuant to PC 1538.5.  Lack of actual possession or knowledge is another common defense, often applicable when a firearm is found in a location accessible to multiple people.

Weapon offenses in San Diego often carry serious consequences, including: permanent felony convictions, jail or prison time, future weapon restrictions and very harsh immigration consequences.  If you or a loved one has been arrested or charged with a weapon offense, it is important to hire a passionate, aggressive and knowledgeable criminal defense attorney to defend you.  Possession offenses can be difficult to defend, and it is vital to have passionate, aggressive, knowledgeable and experienced representation on your side.  Contact us now for a Free Consultation with a San Diego Criminal Defense Attorney.  619-550-4422

In addition to defending clients charged with weapon offenses, our office can help clean up your record to restore gun rights.  Restoring gun rights in California is a difficult process, but there are two ways to restore firearm rights once previously convicted of a felony.  Certain felonies are eligible for reduction to a misdemeanor under 17b, while other convicted felons may be able to obtain a certificate of rehabilitation to restore their rights.  Call our office for a free consultation if you have questions about expunging or cleaning up your record, sealing a juvenile record or attempting to restore gun rights after a felony conviction.

Some Examples of San Diego Weapons Charges:
1.  Jeff was previously convicted of robbery, and was charged with discharging a firearm during the commission of the robbery.  He served 5 years in prison on that case.  Jeff was recently pulled over by police, searched and found to be in possession of a firearm.  He is arrested and charged with a felony.  His lawyer challenges the traffic stop and the search at the preliminary hearing and the case is dismissed.  Facing a long time in prison, Jeff is now released and will not suffer a new conviction or any additional penalties.

2.  Ryan is a gun collector.  He has a large collection of handguns, rifles, shotguns, as well as automatic weapons and assault rifles.  On a tip, police obtain a search warrant and search Ryan's house.  Finding that the guns violate California's assault weapon ban, the police arrest Ryan and charge him with a felony.  Ryan's lawyer can challenge the search warrant as well as whether Ryan actually possessed the weapons, whether the weapons are in fact covered by the ban and more. 

3.  Eric was convicted of possession of a controlled substance for sale in 1998.  Ever since, he has been banned from owning a weapon under both California and Federal Law.  If he unlawfully possesses a firearm, he is subject to imprisonment in state or federal prison as a felon in possession of a firearm.  While Eric's conviction is not eligible for a 17b reduction to a misdemeanor, he might be a prime candidate for a certificate of rehabilitation.

If you or a loved one has been arrested or charged with a weapon offense or other crime in San Diego, contact the Law Offices of Nicholas Loncar for a free consultation with a San Diego Criminal Defense Attorney.  We can discuss the details of your case, the strengths, weaknesses and defenses and discuss the possible and likely outcomes in cases like yours.  You need a passionate, aggressive and dedicated criminal defense attorney on your side to fight for your Constitutional rights, negotiate on your behalf and file the right motions to get the best possible outcome in your case.

Driving Under the Influence ("DUI") is a very common offense, and most often a misdemeanor.  In some cases, however, DUI charges can be charged as a felony.  A fourth DUI conviction within ten years, DUI causing injury or death, and DUI with any felony DUI prior can all be felonies, punishable by prison time and other very harsh consequences.  In addition, felony DUI can have serious consequences for your driving privilege, career, professional licenses and immigration status.  If you or a loved one has been charged with felony DUI, it is best to have a knowledgeable, experienced and passionate DUI lawyer on your side, fighting for you to get the best possible outcome.

DUI has become a major focal point of law enforcement agencies and prosecutors in San Diego and Southern California.  Felony DUI is certainly taken more seriously, and carries more severe penalties.  Many of the same defenses to a misdemeanor DUI charge will apply to felony DUI.  In felony DUI cases involving accidents, accident reconstruction and medical records interpretation and more.  The most common DUI defenses include: Rising BAC, defendant was not driving, mouth alcohol or medical conditions led to falsely high BAC readings, and more.  In accident cases, the defense may also assert that the defendant was not at fault in the accident or did not commit an independent illegal act leading to the accident.

FOURTH DUI WITHIN 10 YEARS
A first, second or third DUI conviction, without injury, will be charged as a misdemeanor.  If a driver is arrested with three or more prior convictions for DUI (or "wet" reckless"), will be charged with a felony.  The 10 year "look back" period covers the dates of arrest, not date of conviction.  If the government files felony charges for a Fourth DUI within 10 years, the defenses will include the traditional defenses to DUI.  Additionally, a felony DUI lawyer must take a careful look at the alleged priors to determine several things: (1) was the arrest within the 10 year look back period, (2) was there a conviction for DUI or "wet" reckless in each of the priors, (3) are all of the alleged priors actually the same defendant, (4) for out of state convictions, do the statute or rights associated with the convictions in another state meet the minimum requirements for a DUI prior under California law?  A fourth offense does not always, but typically, indicates a problem with alcoholism or drug addiction.  While not a defense, per se, replacing time in jail or prison with time in a drug or alcohol rehabilitation facility can be ideal.  Not only is the defendant spared the unpleasant experience of county jail or California state prison, but the

DUI CAUSING INJURY
DUI causing injury is a "wobbler" meaning that it can be charged as either a misdemeanor or a felony.  While a first time DUI arrest with a minor injury might very well be charged as a misdemeanor, a DUI suspect with a prior conviction, or where the injury is serious will most likely be charged with felony DUI.  VC 23153, DUI causing injury, is punishable by up to three years in prison, and also comes with a year long license suspension.  No restricted license is available during this year long period.  In these cases, the government must still prove that the defendant was above the legal limit at the time of driving and/or that the defendant was too impaired to drive.  While police officers will often assume someone who has alcohol on their breath is guilty, the hectic nature of a traffic collision may lead to flaws in their DUI investigations.  The elements of DUI can still be attacked in the same way when an injury and traffic collision are involved.  Moreover, even if a defendant is guilty of DUI, witness testimony, accident reconstruction, and examination of medical records may go to show that the defendant did not "cause" the accident, rendering the felony charge actually a misdemeanor.

DUI CAUSING DEATH
Driving Under the Influence of alcohol or drugs is dangerous and can cost someone their life.  While investigating major traffic collisions and traffic fatalities, it is standard procedure for law enforcement officers to look for signs of impairment and even draw blood samples from drivers involved in the accident.  Accidents happen for many reasons, and often involve only sober drivers. 

DUI WITH A FELONY DUI PRIOR
Getting a felony DUI conviction not only means a harsh sentence, but it also means that any future DUI will be a felony DUI. 

GREAT BODILY INJURY ENHANCEMENT
The Great Bodily Injury (GBI) Enhancement can apply

Being arrested or charged with a crime is an aggravating and frightening experience.  The uncertainty, threat of punishment, and intimidating nature of the criminal justice system are a daunting task.  Luckily you do not have to fight this battle on your own.  With your liberty and future at stake, you need a passionate, aggressive, dedicated San Diego DUI Lawyer on your side to fight for you.  If you or a loved one has been arrested for felony DUI, DUI causing injury, DUI with a prior or even a first time DUI offense, contact a San Diego Felony DUI Lawyer now for a Free Consultation.  619-550-4422

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