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Niranjan Fred Thiagarajah
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Niranjan Thiagarajah’s Answers

144 total


  • What can a lawyer do for my friend who was arrested for a DUI and has an ICE hold?

    My friend was arrested last night for a DUI but I couldn't bail her out today due to an ICE hold. She has a prior misd for working at a illegal massage parlor. From what I know, she is here in the country on a F-1 visa and I can't understand w...

    Niranjan’s Answer

    ICE holds are typically issued on a people who are in custody for crimes when they are not US citizens. It does not automatically mean that the defendant will get deported. I highly recommend that your friend hire a criminal defense attorney that is familiar with immigration consequences. For more information on this topic, you're more than welcome to check out my website, as my firm handles many criminal defense cases for legal immigrants.

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  • Under what circumstances should a criminal case be transferred from State Court to Federal Court

    In this case, one of two co-inventors convinced agents that Inventor One embezzled funds from Inventor Two because Inventor Two licensed technology to a company. The Patent Office has rules and regulations that cover ownership v inventorship issu...

    Niranjan’s Answer

    If it's a criminal case, then there are two entirely separate prosecutorial agencies for state & federal cases. The District Attorney's office of the county that the case occurred in may prosecute for state crimes and the US Attorney's office may prosecute for federal crimes. Sometimes, both prosecutorial agencies prosecute the same defendant at the same time, although that is very rare. If the DA's office brings charges, you need an attorney that specializes in state law (such as myself) and if federal charges are brought, you need an attorney that specializes in federal cases. There are very few attorneys that specialize in both. I'd be wary of any attorney that says they can handle both cases. I'd really look into their background and question them extensively on their experience in both state and federal.

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  • Is the person who filed the RO responsible to make every effort on their part to avoid contact?

    My son is now in jail for violating the RO. His girlfriend, they have 4 children but are not married, filed the RO and continues to call, text, and make personal contact with him. Is she in any way culpable for causing this? My son met with her to...

    Niranjan’s Answer

    Your son should consider obtaining a RO against his girlfriend for constantly harassing him and attempting to get him to violate the RO she has against him. I would recommend using an attorney for this procedure. You may contact my office if you have any questions.

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  • What happens if the person convicted of a Felony F is mentally ill? Will he still have to serve jail time?

    My brother suffers with schyzophrenia and assaulted my mother and I but he didnt cause any harm but grabbed a kitchen knife. I was wondering if there is a way to only have it as a missdermener and not serve jail time beacuse of his illness? Thank...

    Niranjan’s Answer

    Your question is difficult to answer because there are several unknown variables. First, has your brother already been convicted of the felony? From the wording of your question, it appears that he hasn't. In that case, depending on the charge, it's possible for the crime to be reduced to a misdemeanor, either through negotiations with the DA's office or through the court. If he has been convicted already, then a 17b motion through the court can reduce the crime to a misdemeanor if the crime is a wobbler. However, if the crime is not a wobbler, which means a crime that can be charged as either a felony or a misdemeanor, then the felony cannot be reduced to a misdemeanor.

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  • I stole about $70 worth of merchandise from Rite Aid is this going to effect my immigration papers?

    I have a case that hasnt been heart yet. this was my first time doing anything so stupid. the cops were not called. i was informed that a letter will be coming to ask for money from 50-1000 dollars. i am not worried abou the money but im just worr...

    Niranjan’s Answer

    You are very lucky and it appears that you don't have anything to worry about other than the money. However, it is always possible for Rite Aid to change their mind and forward this report to the District Attorney's office and it always possible for the DA's office to file charges against you. They have until one year from the date of incident to file charges. I would actually recommend not paying the civil demand in full because that payment can be used against you in a criminal case. The smart thing to do would be to settle the demand with Rite Aid for a lesser amount of money. If you ignore the civil demand completely, Rite Aid can always complain to the DA's office -- so you don't want to piss them off. Please don't hesitate to call my office for a free consultation regarding this matter.

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  • Second offense petty theft after a warrant has been issued?

    My father in law got petty theft at a grocery store and never went to book & release and he never paid any fines. He was issued a warrant. Just last night he got arrested for petty theft (this would be his second offense I guess). What punishment ...

    Niranjan’s Answer

    As the two attorneys hinted at above, the answer partially depends on what happened in his first case. If he pled guilty in the first offense, then he's looking at a second offense plus a probation violation. It's difficult to determine exact punishment because there's plenty room for negotiations in your father's case. I highly recommend that your father hire an attorney, because jail time is a real possibility in these cases. You can use this website to find a high-ranking attorney from Orange County that can help your father navigate the court system and resolve this case with the District Attorney's office.

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  • Illegal alien driving with no licence and gets dui

    what are the consequences?

    Niranjan’s Answer

    The difference between the above answers focuses on whether the person is being charged with VC 12500(a) -- driving with no license -- as opposed to VC 14601 -- driving on a suspended license. In order to determine which of the two charges apply, we need to know more about this person's driving history. VC 12500 is the more harmless of the two charges and it will have no extra impact on the person's penalties if they are convicted of a DUI. VC 14601 is taken more seriously, and then it depends on why the license was suspended in the first place. A license suspended for failure to pay child support -- VC 14601(a) -- is very benign, whereas a license suspended for a prior DUI -- VC 14601.2 -- is very serious and requires a minimum of 10 days jail, even if you normally wouldn't get jail on a first time DUI. You want to speak with an Orange County attorney who is familiar with DUI laws, driving laws and immigration consequences.

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  • I got a DUI, I blew a .089 and then they took a blood test. I got convicted of a prior DUI in 2005.

    I was released without posting bail after going to court. I have to go back to court in three weeks. What kind of consequences am I looking at if I plead guilty?

    Niranjan’s Answer

    Most of the above responses are correct. I would like to add that the minimum jail time required by law is 96 hours (4 days). Also, it is possible to get a restricted license from the DMV after 90 days. You should contact a lawyer to see how that would be possible.

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  • What happens if i refuse to take a DCFS (LA County) ordered DV class, and or therapy?

    My former partner lied to the police about Domestic Violence she fabricated and overexaggerated a discussion we had. She knows she cant recant but a world of hell has fallen upon me and im tired of it! I do not deserve this. Criminal Court dropped...

    Niranjan’s Answer

    I'm assuming you're involved in dependency proceedings and these types of proceedings are very difficult to resolve. It also depends on whether you've admitted the allegations against you or not. If you've already admitted the allegations, it's difficult to withdraw the admission and if you violate a court order to attend the classes, you will be in more trouble. If you have not admitted anything, then you have the right to contest the proceedings. If you're tired of your public defender, you can always retain private counsel, but that will cost money.

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  • My friend was charged with a felony drug sales but has her medical marijuana license if she fights her case would she need a..

    attorney that specifies with marijuana, if she decides to fight it without an attorney and if sentenced how long would could she be in jail for the sales charge?

    Niranjan’s Answer

    It's more important to have an attorney that is familiar with the defenses for drug sales than an attorney that specializes in medical marijuana cases, especially since medical marijuana licenses do not authorize the sale of drugs. Medical marijuana laws deal with collectives. If your friend is being charged with drug sales, then the accusation is that she is selling to an unauthorized person and her medical marijuana paperwork will not excuse that conduct. Fighting this without an attorney is not even an option. It's a felony -- that means she needs a private attorney who can give her case specialized attention or she is appointed a public defender. If she has money, I would recommend the former. For reasons why you shouldn't choose a public defender, please visit my website. I highly recommend that your friend contact an experienced Los Angeles County attorney from this website.

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