Chula Vista Criminal Defense Lawyer and DUI Attorney

Chula Vista Criminal Lawyer
Chula Vista, CA is a city in southern San Diego County, just miles away from the Mexican border.  Neighboring communities include:  San Ysidro, Imperial Beach, National City and the San Diego Bay.  With a population of over 250,000, Chula Vista is the second largest city in San Diego (after San Diego) and the eighth largest city in Southern California.  Chula Vista is conveniently located to Downtown San Diego (just 7 miles) and the US Border with Mexico.  Chula Vista is served by the 5, 805 and 54 Freeways and the San Diego MTS Trolley's Blue Line, which provides convenient access to Downtown San Diego, the border and other parts of San Diego.

Chula Vista is a safe community, particularly along the east side of the city.  Nevertheless, all sorts of crimes and arrests do take place in Chula Vista.  From misdemeanors like DUI, Domestic Violence, and Unlicensed Driver, all the way to serious felony crimes like Homicide and Gang-related crimesDrug Crimes, Theft Crimes, and Federal Crimes are also not uncommon.  Check our Practice Areas page for information about various criminal charges.  The
Chula Vista Police Department provides law enforcement services to Chula Vista, with criminal cases proceeding to the South County Courthouse of the San Diego Superior Court.

If you or someone you know has been arrested, charged with a crime, accused of a crime, or may be under investigation for a crime in Chula Vista, San Ysidro, National City, or anywhere else in San Diego and San Diego County, you can expect to face aggressive prosecution in Superior Court.  You have a Constitutional right to counsel, and need the best representation you can get.  Contact us now for a Free Consultation with a San Diego Criminal Defense Attorney.  619-930-9515.

1.  Nathan, a long time Chula Vista resident and green card holder was convicted of grand theft in 1997.  Due to his felony conviction, he has had difficulty obtaining work, and has not worked to go from lawful permanent resident status to become a citizen.  Nathan goes to a San Diego Criminal Defense Attorney to see what his options are.  Nathan is in luck.  His attorney points out two different ways that Nathan can reduce his felony conviction to a misdemeanor.  First, because Nathan was sentenced to probation and completed that probation, he is entitled to a reduction of his felony to a misdemeanor pursuant to Penal Code Section 17(b).  Additionally, the amount alleged to have been stolen was less than $950.  Nathan is also eligible for a reduction of his felony to a misdemeanor pursuant to Prop 47, a voter's initiative in November 2014 that made many former felony offenses misdemeanors (thefts under $950 and drug possession).  With the right motions, Nathan will be eligible to become a citizen!

2.  Tyler, a Chula Vista resident, is driving home from a Chargers game, when he is pulled over by the California Highway Patrol for speeding.  At the game, Tyler had two beers, but feels completely sober and safe to drive.  The CHP officers claim to smell the odor of alcohol coming from the car, but Tyler has two passengers, who have both been drinking much more than Tyler.  Tyler does not answer any of the officer's questions (smart move), and refuses to do any field sobriety tests.  The officer nonetheless arrests Tyler for DUI.  At the station, the officer asks Tyler if he will also refuse this test, not properly advising him of the consequences.  Tyler refuses the breath test at the station and a blood draw.  Tyler is charged with DUI, with a refusal allegation, and is subject to a one year suspension with the DMV.  He hires a knowledgeable San Diego DUI lawyer to represent him at both the court hearings, and the DMV hearing.  At the DMV hearing, the lawyer brings in evidence of the officer's failure to properly admonish Tyler as is required for the implied consent chemical testing procedures.  As for the court case, Tyler's lawyer sets the case for trial, knowing that the government does not have enough evidence of Tyler's impairment.  The case gets dismissed right before trial.  Tyler gets to keep his license and his clean record.

3.  Adam is a student at Southwestern College in Chula Vista. 
One day he is driving around Downtown Chula Vista in his car when he is pulled over for having tinted windows.  Adam's back windshield and back seat windows on both sides are tinted, but there is no tint on the front driver and passenger side windows, or the front windshield.  Chula Vista Police are suspicious of Adam and pull him over for the tinted windows.  Upon reaching Adam's window, the officers can smell marijuana, and ask Adam to step out of the vehicle.  They begin to search the car, and handcuff Adam.  In the car, they find one pound of marijuana, a loaded firearm, and about 50 Xanax bars.  Adam is placed under arrest and later charged with possession of a controlled substance for sale (HS 11351), possession of marijuana for sale (HS 11359), carrying a loaded firearm (PC 25850), and possession of a controlled substance while armed with a firearm (HS 11370.1).  Facing serious charges and a long period of incarceration, Adam hires a San Diego Criminal Defense Attorney to represent him.  At the preliminary hearing, Adam's lawyer files a motion to suppress evidence, citing that the traffic stop was not a valid traffic stop.  The tint on Adam's car was legal because it was on the back windows only.  Further, the lawyer urged that the smell of marijuana does not justify a search since so many Californians can possess marijuana lawfully as medical marijuana patients.  The officers should have first determined whether Adam was a medical marijuana patient.  The judge finds the arguments persuasive and throws the evidence out, leaving the government with no evidence, and resulting in a dismissal of all the charges.

4.  Amanda is shopping at a Target store in Chula Vista, when she is approached by loss prevention personnel while still in the store.  Amanda was shopping when she saw the Starbucks store inside the Target and decided to get some coffee.  She had some Target merchandise in her possession that she had not paid for yet, including several DVDs and a portable DVD player.  The store security does not believe Amanda that she was just going to get coffee and call the police.  The police do not arrest Amanda, but give her a citation, with a promise to appear in court.  Amanda hires an attorney who immediately reaches out to the prosecuting attorney to discuss the case, and ask for a pre-filing diversion.  Citing Amanda's lack of record and the lack of evidence in the case, the attorney is able to persuade the DA not to file the case.  Amanda has not been arrested, charged with a crime or convicted, thanks to the work of her lawyer.  She still will have a clean record.

Being arrested and charged with a crime is scary, frustrating and can have serious negative impacts on your life.  Consequences can include time in jail or prison, long periods or probation or parole, fines, fees, restitution, immigration consequences, loss of driving privileges, loss of employment, loss of professional licensing and more.  You need a passionate, dedicated, aggressive San Diego Criminal Defense Lawyer on your side to protect your rights and fight for you.  Call now for a Free Consultation.  619-930-9515.

Nicholas M. Loncar, Esq.
San Diego Criminal Defense Attorney
San Diego DUI Lawyer
San Diego Sex Crimes Lawyer
By Nicholas Loncar  


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