Niranjan Fred Thiagarajah’s Answers

Niranjan Fred Thiagarajah

Rancho Cucamonga DUI / DWI Attorney.

Contributor Level 11
  1. Cold case information

    Answered over 4 years ago.

    1. Robert Laurens Driessen
    2. Niranjan Fred Thiagarajah
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  2. A CA DOJ criminal history summary shows an arrest for 459 PC with a disposition of "No complaint filed" Is there a conviction?

    Answered over 4 years ago.

    1. Niranjan Fred Thiagarajah
    2. Robert Lee Marshall
    3. David Michael Lehr
    3 lawyer answers

    In addition to Mr. Marshall's answers, there are some other things we can glean from the report. The fact that a complaint was never filed normally suggests that the case was not dismissed in exchange for restitution or community service or being settled out of courts because the case was never filed in the first place. As Mr. Marshall indicated, it is impossible to determine why the case was never filed from the "rap sheet" alone. If the case were rejected by the DA's office, it might be...

    1 person marked this answer as helpful

  3. My son was ticketed in school for assault & battery. The victim's parents say they are going to sue us. Is that legal?

    Answered over 4 years ago.

    1. Robin Mashal
    2. Pamela Koslyn
    3. Niranjan Fred Thiagarajah
    4. Omer Rangoonwala
    4 lawyer answers

    A criminal attorney usually will not help you in your civil suit (and shouldn't help you unless they have civil litigation experience). If your insurance does not cover this situation, then you may need to retain separate civil counsel for a civil lawsuit, especially if the amount of money involved is significant and if your family has substantial financial assets. It's also important to make sure your criminal attorney is aware of the potential civil lawsuit, so he/she can use that...

    1 person marked this answer as helpful

  4. Can traffic violations be dropped while in custody?

    Answered over 4 years ago.

    1. Niranjan Fred Thiagarajah
    2. Kim C. Wollenberg Burgess
    2 lawyer answers

    If your son pleads no contest to vandalism, then the only thing an attorney can help with on that case would be sentencing (assuming that there's time to hire an attorney before sentencing) or a restitution hearing. An attorney may be able to help your son with his traffic matters even after you son pleads no contest to the vandalism. It might be possible to have the traffic matters dismissed while your son is in custody or at the very least, have any fines on those cases run concurrent to...

    1 person marked this answer as helpful

  5. What exactly is a cop-out form?

    Answered over 4 years ago.

    1. Niranjan Fred Thiagarajah
    1 lawyer answer

    If a defendant is in custody for a significant period of time, then judges sometimes dismiss pending traffic tickets or run the fines concurrent to the custody time so that the defendant doesn't owe any money on the tickets.

    1 person marked this answer as helpful

  6. Family members charged with 211-14 counts

    Answered over 4 years ago.

    1. Joseph Briscoe Dane
    2. Niranjan Fred Thiagarajah
    2 lawyer answers

    Unfortunately, sentence determination is a very complex scheme and depends on a variety of factors, including prior record and crime enhancements. Assuming no record, no enhancements, and nothing else special about this case, and assuming each defendant is being charged with 14 counts of PC 211, then the next question to ask is whether the robbery is first degree or second degree. The general rule is that a defendant's sentence is the maximum for the count with the most exposure plus 1/3 the...

    1 person marked this answer as helpful

  7. 12 year old son caught shoplifting a $38.00 items from k-mart.The item never left the store and was recovered undamaged.

    Answered over 4 years ago.

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

    This question involves more civil than criminal law. However, even if the store chose not to report this case to the police, or even if the DA chose not to file charges before, the store and/or the DA can always change their mind, up to one year from the date of the incident.

    1 person marked this answer as helpful

  8. How to get Adult Arrest records sealed/destroyed?

    Answered over 4 years ago.

    1. Niranjan Fred Thiagarajah
    2. John M. Kaman
    2 lawyer answers

    A motion to seal/destroy arrest records must be made pursuant to Penal Code section 851.8. These motions can be filed for an adult arrest of PC 484, and if the motion is granted, the arrest records will first be sealed for three years, and then ultimately destroyed. When the motion is granted, the court order to seal the records should be sent to the Department of Justice in Sacramento, so they can then transmit the information to all other law enforcement agencies in California. The motion...

    1 person marked this answer as helpful

  9. A LOVED ONE IS BEING CHARGED WITH: HS11378, PC12021(A)(1), PC245(A)(1), PC12032

    Answered over 4 years ago.

    1. Niranjan Fred Thiagarajah
    1 lawyer answer

    Your loved one needs to have legal representation as soon as possible. He is facing very serious charges -- multiple felonies and the PC 245 could be charged as a strike. Furthermore, his prior conviction could be a strike as well, although it's difficult to tell based on the limited information provided. If he already has a strike on his record, then his sentencing range could double. And if he's on probation, then he could potentially face punishment for a probation violation. Given the...

    1 person marked this answer as helpful

  10. Will a traffic ticket in California be dismissed if the officer failed to issue a ticket at the traffic stop?

    Answered about 5 years ago.

    1. Michael Lee Mau
    2. Niranjan Fred Thiagarajah
    3. Alan James Brinkmeier
    3 lawyer answers

    A citation is a complaint listing the charges being brought. It is not evidence itself. So, your son's case won't automatically be dismissed by lack of a ticket. However, lack of a ticket certainly helps your son in defending the case. Officers write tickets not only to give you notice of the charge, but also to help them remember the details of an incident, especially when they deal with hundreds of tickets between the time of your car stop and the time of trial. You may want to set this...

    1 person marked this answer as helpful

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