Skip to main content
Niranjan Fred Thiagarajah
Avvo
Pro

Niranjan Thiagarajah’s Answers

144 total


  • Hello. I am interested in expunging a DUI record at the Van Nuys court house.

    This is a first time offense and I have successfully completed my probation. I understand that this requires filling out a form at the Van Nuys courthouse but I would prefer to have a lawyer handle it. Can you tell me what the fee would be to have...

    Niranjan’s Answer

    Fees for expungements vary. There is no set price. You need to call an attorney and negotiate a rate. I would guess that a reasonable rate for an expungement would be $500 or less, including the filing fees that have to be paid to the court. I suggest calling an attorney from this site -- one with a good rating and who has experience in LA county.
    Another thing you should know -- timeline for expungements. An expungement can take as little as 6 weeks or it can be several months. It all depends on how quickly the court processes the paperwork.

    See question 
  • I am due in court next week for a 459-460 (b) PC and 466 PC? What will be my outcome?

    i am a College student, this is my first offense ever in this and any other state or province. I was caught stealing at a large retail store. i didn't resist or was a problem. the arresting officer went out of his way to make me "look better" in h...

    Niranjan’s Answer

    I agree with Mr. Dane. You should focus on finding the right representation for your case. You should find an attorney that is experienced in the county that the crime is charged in. Unless you have seen the police report yourself, you have no idea whether the officer made you "look better". Officers routinely lie about things like that. In fact, officers are allowed to lie in their jobs in order to investigate crimes. The officer may have been pretending to be nice to you in order to get you to make incriminating statements. You want an attorney that has a good relationship with the DA's office so a good deal can be negotiated -- one that doesn't impact your life significantly.

    See question 
  • Im charged with PC459,PC496(A),HS11357(B) how much time am i looking at?

    i was invited to one of my friends friends house to spend the night i never had intent to steal at all when i got there. i went to the restroom and saw the item(credit card) so i took it thinking maybe i can use it ..2 days after i took i...

    Niranjan’s Answer

    The maximum amount of time you could be facing depends on whether you're being charged with misdemeanors or felonies (or both). Assuming you're being charged with two felonies for the burglary and the possession of stolen property, then it depends on whether the burglary and the possession of stolen property involves the exact same property. The DA's office can't convict of you stealing property and then possessing the exact same stolen property. So, if it's the same property in question, then the maximum penalty is three years state prison. If it's different property that you're accused of stealing and different stolen property that you're accused of possessing, then your maximum penalty is 3 years, 8 months. It is very rare that you will get the maximum penalty, but you want to obtain quality legal representation in order to fight the charges and to make sure your penalties are kept to a minimum.

    See question 
  • I got a misdemeanor 23224 (a) and I want to know what could happen.

    I got pulled over for not having my blinker on long enough to make a turn. the cop asked if there was any alcohol in the car and the passengers in the back gave him an open and unopened container of alcohol i thought they had thrown their drinks a...

    Niranjan’s Answer

    Since you didn't realize there was open container of alcohol in your car, it is possible to fight this charge with proper representation.

    See question 
  • What do I answer on an application when asked about prior convictions for an expunged shoplifting misdemeanor?

    I have an expunged shoplifting conviction that is over 5 years old. I have received job offers that require background checks. I have run my own background check and see the item listed as a COMPLAINT with a case number, but that is it. What do...

    Niranjan’s Answer

    Legally you're not required to admit it and practically, I would advise you not to admit it either. Many employers don't run background checks, so why unnecessarily let them know that information? If they bring it up, you can let them know the case was dismissed which is why you never disclosed it in the first place.

    See question 
  • How can I find out if someone had a DUI 20+ years ago?

    I am in an industry (aviation) where a DUI even 20 years ago is significant. How can I check to see if someone I hire or consider to hire has had a DUI, even if it is 20+ years ago? Accurate and honest answers to the DUI question for insurance and...

    Niranjan’s Answer

    There are different ways to check someone's criminal record. The best way is to run a background check on them. However, if the information does not appear in their background check, then there's a good chance you won't ever be able to find out if they ever had one. Some counties have their records online and you can type in a name & DOB to search whether a person has any cases (current or past) in the system. I believe Orange, Riverside & San Bernadino counties have public access systems that allow this type of search. However, these counties may only have records that stretch back to a certain time. I doubt they will have records from 20+ years ago. I would imagine that your company has done its due diligence once it does a background check, although you might want to consult an employment attorney to be sure. I would recommend Jehan Jayakumar (has a profile on Avvo) as a employment attorney to consult with.

    See question 
  • Dui at 20. DMV not clear on Hardship license guidelines. Can i drive to and from community service?

    I have to live in Long Beach CA (for my education) but when I was given a dui I lived in the AV almost 80 miles away. My community service and Classes are all in the Antelope Valley and I cannot re-locate them. First i was told by the Sacramento D...

    Niranjan’s Answer

    It appears from your answer that don't have the restricted license yet. As the other attorneys have mentioned, you can only apply for a "critical need to drive" license. The DS 694 application for this license can be found on the DMV website -- http://www.dmv.ca.gov/forms/ds/ds694.pdf. Having counseled other under-21 clients in this matter, I know that it is very difficult to obtain this type of license. You have to show either (1) you are a student with no available means of getting to school without a car OR (2) you work full time, you need to drive for work, and your family relies on your income for support. For the former reason, you will need to prove you can't get to school via public transport, i.e. buses, trains, etc.

    See question 
  • What is Burglary-Second degree

    A famly member was arraigned on a Burglary-Second degree felony charge-what exactly is that?

    Niranjan’s Answer

    I agree with Mr. Dane's answer. Also, second-degree burglary is sometimes charged when a person is accused of theft or shoplifting at a store. If a person enters the store with the intent to steal, then that person is guilty of burglary. If the person enters the store for legitimate purposes, but then once inside, decides to steal, then that's theft. However, prosecutors will often charge burglary and theft together as leverage for negotiating cases.
    Also, burglary applies in situations where theft isn't an issue. First degree or second degree burglary is entering a building (either residential or commercial) with the intent to steal OR with the intent to commit any felony. So, for example, if someone enters a home with the intent to rape, that's first degree burglary even though there's no theft. And if someone enters a store with the intent to vandalize over $400 of property, that's second-degree burglary, even if there's no proof of theft or intent to steal.
    I would recommend any person being charged with burglary to retain an experienced criminal defense attorney.

    See question 
  • Cold case information

    A family member was convicted of a misdemeanor more than 5 years ago.. When he failed to appear for sentencing a bench warrant was issued. 5 years after the warrant was issued the sheriff's office returned the warrant to the court and it was "purg...

    Niranjan’s Answer

    I disagree with what the officer told you. I would be shocked if the warrant was not active, and if your family member were arrested, I would be shocked if the courts simply forgot about his case. The fact that he may have led a crime-free life over the last seven years may be helpful in the sentencing; on the other hand, the fact that he has fled the court's jurisdiction for the last seven years can be used against him as well. Either way, your family member will be sentenced on that misdemeanor, even seven years later, if he is arrested and brought to court. I would recommend contacting an attorney and letting the attorney assist in the bench warrant recall and sentencing.

    See question 
  • How can I get holds removed on my drivers lincense for tickets that are in collections?

    I have two traffic tickets that I made payment arrangements for 3 years back, but couldn't afford to pay off due to other financial obligations. Now the tickets are in collections and holds have been placed on my lincense till they are paided in f...

    Niranjan’s Answer

    I agree with Mr. Diriessen's answer. You could also go to court yourself. Ask the traffic clerk if you can see the judge on this case in order to ask them for a payment plan and a release on your license hold. There's no guarantee that the judge will see you and if the judge does see you, there's no guarantee of getting either a license hold release or a payment plan, but it's better than just waiting around.

    See question