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Niranjan Fred Thiagarajah
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Niranjan Thiagarajah’s Answers

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  • I have a single ticket which says CA 12500a and CA 22350. How much should the bail amount be?

    I over speeded in an empty parking lot @ 30mph where the limit was 15mph. My friend (with a license) was on the other side of the parking lot and the cop caught me. I have my driving test next week. Will it make any difference to the bail amount?

    Niranjan’s Answer

    It depends on whether the VC 12500(a) is being charged as a misdemeanor or infraction. If the former, then your bail is most likely zero -- you will be allowed to resolve the case or fight the case while being released on your own recognizance aka "OR". However, if both charges were cited as infractions, then you can only resolve the matter in traffic court. That's a different procedure than regular criminal court. There are no negotiations in traffic court -- either you plead guilty or you set the matter for trial. And if you set the matter for trial, the traffic court will require that you post bail ahead of time..

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  • My son is 15 yrs old and has been charged with arm robbery and assault with a deadly weapon. He and another boy was together.

    How much time can he serve and he claims he didn't do it. Can the other boy blame my son my son won't tell on the other boy even if he did it and we was just there. Please help. I need advice.

    Niranjan’s Answer

    It's difficult to answer your question directly because there are so many possibilities. First, I'm going to assume your son has no criminal record because certain types of criminal records can expand the maximum times for certain crimes. Then it depends on what degree of robbery your son is being charged with. I'm assuming second degree robbery since that's the most common form of robbery. The maximum penalty for second degree robbery is 5 years. Then it depends on what type of weapon was used. If a firearm was used, your son could be facing an enhancement which will increase the maximum amount of time he can serve by at least an additional 10 years. And if the firearm was actually used, then it increases his maximum time by at least an additoinal 20 years. As to your second question -- yes, the other suspect may blame your son. The other boy's lawyer may tell the DA's office that your son was the real culprit and his client was "just there". However, even if your son was "just there" and didn't actively participate in the robbery, he may still be liable under a theory of aiding and abetting. It is imperative that your son have an experienced defense attorney representing his interests in this matter.

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  • My bac level was .23? help

    Was invovled in a dui accident hit and run no other people were hurt but myself. Had full coverage on my vehicle. and found out that my bac level was .23 what penalities can i be facing?

    Niranjan’s Answer

    You will most likely be charged with an enhancement to the DUI -- driving with a BAC of .20% or more. If convicted of this enhancement, you will be required to take the 9-month first offender DUI program, as opposed to the 3-month program normally required of first time offenders. The Hit & Run and the accident may add Cal Trans or jail time to your sentence, so it's important to hire an experienced defense attorney to either fight or negotiate on your behalf.

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  • How much is the sentence for 19 yrs old -armed robbery w/ or w/o firearm. for a person who doesnt have an adult criminal record.

    He is only nineteen and only has a juvenile record.

    Niranjan’s Answer

    In addition to Mr. Dane's answers, first degree robbery is a 3-4-6 crime, which shifts the minimum and maximum penalties accordingly.

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

    How do you interpret the CA DOJ criminal history summary report for the following information? If the disposition of an arrest in 1987 for 459 PC shows "no complaint filed", does this mean there was no prosecution and therefore no conviction? Th...

    Niranjan’s Answer

    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 possible to find out why by speaking with the DA that rejected the case. This information does not need to divulged on an employment application. An employer should not have access to the report, but may obtain information on the report such as conviction history -- with the consent of the individual involved.

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  • Am I required to get an SR22 if I don't own a vehicle?

    What is the California Vehicle Code requiring a SR22 to get your license reinstated when you don't own a vehicle? CVC 16431(b) says ...The department shall require that a person whose driver's license has been revoked, suspended, or restricted und...

    Niranjan’s Answer

    The answer to your specific question -- "No, you shouldn't be treated differently because you don't own a vehicle". SR-22s are proof of financial responsibility for drivers. And the DMV only requires them when they perceive (rightly or wrongly) that a driver is a risk to other drivers. We shouldn't have laws that treat drivers who down't own their own vehicles more leniently than drivers who do own their own vehicles. Therefore, assuming that SR-22s should be in place for owner-drivers, it should also be in place for non-owner drivers.

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  • I am 17 and was arrested in CA for a DUI. I blew .015. What charges do i face?

    At the same time i was arrested for possession of marijuana and alcohol. This is my second offense (1rst was possession of marijuana). What charges am i going to face and is there a critical need license i could apply for?

    Niranjan’s Answer

    The specific charges you will be facing include Vehicle Code section 23136 (driving with a BAC of .01% or higher while under 21). The other charges depend on more specific facts. Possession of an unopened container will subject you to Business and Professions Code section 25662(a) or Vehicle Code section 23224, both of which involve people under 21 possessing alcohol in the car. If the alcohol was in an open container, you could also be subject to Vehicle Code section 23223 (possesion of open contaner in vehicle), although this latter section is less serious than the first two sections, so I doubt it would be charged, even if the container was open. Assuming the marijuana was under an ounce, then you're facing Vehicle Code section 23222 (possession of not more than an ounce of marijuana in vehicle) or Health and Safety Code section 11360(b) (transportation of not more than an ounce of marijuana). If the marijuana was more than an ounce, you could be facing Health and Safety Code section 11357(c) (possession of more than an ounce of marijuana) and/or Health and Safety Code section 11360(a) (transportation), and if the marijuana was significantly more than an ounce, you could be facing a violation of Health and Safety Code section 11359 (possession for sale).
    If you're being charged with a relatively minor marijuana charge, such as Vehicle Code section 23222, then it is true that a first time offense can usually be dismissed upon the completion of a drug awareness class. However, judges and prosecutors are less likely to allow this option for second time drug offenses. Furthermore, given that you are under 18, your entire case will be in the juvenile courts, where the options for dismissal are greater, but the requirements to get there are more onerous.
    It is possible to apply for a critical need to drive if your license is suspended, but the DMV rarely grants critical needs to drive.
    For VC 23126, you do need to contact DMV within 10 days to conduct a DMV hearing. B&P 25662(a) and VC 23224 will also result in a one-year license suspension, but there's no DMV hearing available -- the suspension will only occur if you're convicted of the charge.

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  • If I received a curb parking ticket that was written with a time of 5:41 PM, an hour ahead of actual time, can I fight and win.

    On 3/13/2010 @ 4:41 Pm, I received a Red Curb Parking Ticket. However on the ticket the Officer wrote the time as 5:41 PM. I immediately took it to the Safety Police Office in my city arriving there at the counter @ 5:20 PM. I explained how I did ...

    Niranjan’s Answer

    Unfortunately, yes. These amendments happen all the time -- and not just for traffic tickets, but also in more serious crimes. The police agency that issued the ticket will never be sympathetic to your cause nor will they treat you fairly. The traffic courts aren't that much better, but at least a supposedly neutral traffic commmissioner will listen to your explanation.

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  • Is it worth it to hire a lawyer to fight a speeding ticket?

    I just got a speeding ticket today and was wondering if it is worth it to hire a layer to fight it. I have taken traffic school in the last 6 months so unfortunately I cannot fix it that way. I am originally from St. Louis and I had gotten a coupl...

    Niranjan’s Answer

    It's difficult to determine whether you should hire a lawyer to fight the ticket because the decision is based on lots of factors. First, what's your financial situation. Hiring a competent attorney certainly can't hurt your chances, but are you in a position to spend several hundred dollars for that chance? There are some lawyers and law firms that advertise as traffic ticket specialists, but I always tell my friends that tickets are difficult to beat. As a former Deputy District Attorney who has actually prosecuted hundreds of traffic court cases, speeding tickets are difficult to beat. Unless there is something wrong with the police officer's testimony, it's your word against his/her word, and the judge usually believes the officer. Now, it is possible to get Level Two traffic school in Los Angeles County, and that option can only be acquired by asking the court in person -- it's not offered through paperwork. For that reason, it might be worth retaining an attorney. Also, if you already have three points on your California record, and this is the fourth point, then you need to hire an attorney to contest the violation, or your license will be suspended as a negligent operator. And this suspension may impact your license in St. Louis under the Interstate DMV compact. There are many attorneys on this site that offer free consultations, so it might be in your best interest to speak with an attorney about this matter.

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  • My boyfriend just got a ticket for a 2nd dui within 7 years what do we do?

    my boyfriend just got a ticket for a 2nd dui within 7 years what do we do?

    Niranjan’s Answer

    Your boyfriend needs to contact a criminal defense attorney ASAP, preferably someone with experience in handling 2nd DUIs. One reason to contact an attorney immediately is because your boyfriend has only 10 days from the date of arrest to contact the DMV regarding a DMV hearing to preserve his driving privilege. This is especially important on a 2nd DUI, because your boyfriend faces a two-year license suspension if convicted of a 2nd DUI, and he is only eligible for a restricted license after one year of that suspension. The other main reason is that in many counties, a 2nd DUI requires significant jail time. You want an attorney that is experienced in negotiating (or fighting) these cases. You can find an attorney on this site, or you may contact my office for a referral to a great Riverside County criminal defense attorney. Good luck.

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