Niranjan Fred Thiagarajah’s Answers

Niranjan Fred Thiagarajah

Rancho Cucamonga DUI / DWI Attorney.

Contributor Level 11
  1. If I pleaded no contest to a Petty Theft case in CA, can I have my record sealed and destroyed according to Penal Code § 851.8.?

    Answered about 5 years ago.

    1. Niranjan Fred Thiagarajah
    2. John M. Kaman
    3. Joseph Briscoe Dane
    3 lawyer answers

    Although I agree with the above attorneys, I want to point out that your plea of no contest simply won't hurt your chances, it will destroy them completely. Penal Code section 851.8 specifically does not allow sealing of arrest records where there has been a plea of any kind. 851.8 only applies if there was an arrest with no charges filed, or charges were filed and dismissed without a conviction, or charges were filed and the defendant was acquitted after trial. Your plea of no contest...

    1 lawyer agreed with this answer

  2. I had a FTA for a fix it ticket I received but they did not receive. That cleared up but says I still need to pay $300 for FTA.

    Answered about 5 years ago.

    1. Niranjan Fred Thiagarajah
    2. Robert Lee Marshall
    2 lawyer answers

    My colleague's answer is exactly right. However, if you now find yourself in a situation where you do not have any proof of having paid the ticket, then your best bet is to go before a judge and request leniency. There's no harm in trying to ask for a reduction of the fines.

    1 lawyer agreed with this answer

  3. I am involved in a pending elder abuse matter. I haven't been arrested but the det. keeps calling me. Should I hire counsel?

    Answered over 5 years ago.

    1. Steven Alan Fink
    2. Niranjan Fred Thiagarajah
    3. Jeffrey Scott Vallens
    4. Shawn B Alexander
    4 lawyer answers

    As an attorney that practices in this area -- both geographically (Long Beach) & practice (criminal defense) -- I highly advise that you do not give a statement to the police at all. I would advise that you retain counsel and have your attorney contact the detective to let them know that you will not be giving a statement. In a case like yours, there doesn't seem to be any upside to a statement. The DA's office will not go easier on you because you admitted what happened. Your attorney can...

    2 people marked this answer as helpful

  4. Can a 484 pc a be taken out or our record? I am a 17 years old, still a minor. What will happen once i turn 18?

    Answered over 5 years ago.

    1. Niranjan Fred Thiagarajah
    2. George Isao Kita
    3. Robert Lee Marshall
    3 lawyer answers

    I agree with Mr. Marshall's answer. I want to also let you know two things. First, if your PC 484 was heard in juvenile court, then it's an adjudication and not a conviction. Therefore, when applying for jobs, you can honestly state that you've never been convicted of a crime. Second, you can also petition the juvenile court to seal your record. Each county has separate procedures for sealing juvenile records. You can normally begin this once you turn 18 years of age (assuming probation...

    1 lawyer agreed with this answer

  5. 2nd DUI arrest in 8 years - San Mateo County, CA

    Answered over 5 years ago.

    1. Matthew Edward Williamson
    2. Niranjan Fred Thiagarajah
    3. Aaron Reuben Bortel
    4. Amy Treanor Morell
    4 lawyer answers

    Most DA offices have a standard policy of not reducing 2nd time DUIs to Wet & Reckless unless there is something seriously wrong with the case. I would recommend consulting an attorney about this situation because the penalties for a 2nd time DUI can be draconian, not the least of which is the one year license suspension.

    1 lawyer agreed with this answer

  6. How do I properly address the courts to ask for a reduction to an infraction for a FTA traffic citation?

    Answered over 5 years ago.

    1. Niranjan Fred Thiagarajah
    1 lawyer answer

    Assuming your FTAs are misdemeanors (and they aren't always misdemeanors -- sometimes they're already infractions), then you will need to go to court and request that your matter be "put on calendar", which basically means scheduled for the court's review. Depending on your courthouse's practices, your case will either be heard that day or you will be given a date in the future to appear. When you appear for your case, the judge will call your name and then you should state your request and...

    2 people marked this answer as helpful

  7. I need an attorney's opinion

    Answered over 5 years ago.

    1. Jonathan H Levy
    2. Matthew Edward Williamson
    3. Niranjan Fred Thiagarajah
    3 lawyer answers

    I agree with the above attorneys. My only additional advice is to contact him in writing, via letter or e-mail, so you have a record of your interactions with him. I would also ask him for an accounting, which he is legally obligated to provide. You shouldn't be paying him more because his actions are last-minute. Your criminal case deserves to have the attention of a lawyer dedicated to getting YOU the best deal possible. One of the biggest complaints amongst clients about their lawyers...

    1 lawyer agreed with this answer

  8. Is there a bail out for misdemeanor?

    Answered over 5 years ago.

    1. Niranjan Fred Thiagarajah
    2. Matthew Edward Williamson
    3. Joseph Briscoe Dane
    3 lawyer answers

    Not automatically. Bail is determined at a specific time and can change with circumstances, but if you were bailed out at $10,000 because of a felony charge, then that was what was appropriate at the time. It is possible to reduce bail once you've been released, but the first question you need to ask is whether it will make a difference. If you went through a bail bondsman, then the bondsman is not going to refund any money, so what's the point in attempting a bail reduction? Attempting a...

    1 lawyer agreed with this answer

  9. Traffic Ticket

    Answered over 5 years ago.

    1. Niranjan Fred Thiagarajah
    1 lawyer answer

    In terms of presentation, you should always be respectful to the judge. You don't have to dress in a suit, but you shouldn't be wearing shorts and sandals either. It is difficult to determine the fines ahead of time, but you can always ask the court to lower your fines because of your financial situation. Also, some courts will let you make payments on the fines. And some courts will even allow you to do community service instead of fines.

    1 lawyer agreed with this answer

  10. What is the California law about disclosing a misdemeanor DUI on an employment application?

    Answered over 5 years ago.

    1. Robert Lee Marshall
    2. Edward Jerome Blum
    3. Niranjan Fred Thiagarajah
    4. Matthew Edward Williamson
    4 lawyer answers

    If you have fulfilled the terms of probation on a misdemeanor, you probably don't need to disclose the terms of probation to anyone who asks, but you will still have a misdemeanor conviction on your record. Therefore, if an employer asks if you have been convicted of any crime or any misdemeanor crime, you will have to disclose that you have been convicted of this crime. The only way around this disclosure is to have your crime expunged pursuant to California Penal Code section 1203.4. Once...

    1 lawyer agreed with this answer

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