Niranjan Fred Thiagarajah’s 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...

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.

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...

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...

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...

It is possible to still seal a juvenile record after the adult record has been expunged. I know this because I assisted a client with this exact same situation and her juvenile record was sealed. However, there are no guarantees and the probation department will take several factors into account, including the nature of your adult and juvenile records. I recommend contacting an attorney to assist you with this process.

I agree with the above attorney's answer. However, if you do not successfully complete diversion, and you are not offered another drug program such as Prop 36, then that's when it will make a difference whether you have a felony or misdemeanor because that's what will appear on your record and that's what will determine the maximum exposure to jail / prison time if you violate probation.

I would also like to add that many criminal defendants have multiple aliases associated with their name, all of which are tied to their name in their court record. Having multiple names isn't necessarily a "mistake" on anybody's part. If a person's ID at the time of arrest stated David Joe Miller, but their death certificate states David Joseph Miller, that's not necessarily a mistake on anybody's part.

There is no 242 enhancement of PC 243(e)(1). You might have misunderstood what the charges are. PC 242-243 is battery and it's a separate charge than PC 243(e)(1). I would highly recommend showing up to the arraignment for a couple of reasons. First, a restraining order may or may not be imposed. You should make it clear to the prosecutor that you want a restraining order in this case. And since the underlying incident involved domestic violence, the restraining order should be a...

Penal Code section 422 prohiits unconditional threats of death or bodily injury against another person. However, this scenario might be interpreted as a conditional threat -- the condition being if something happens to the kids. Also, in determining whether to file charges, the DA's office will try to see the big picture. It appears from the "threat" that you weren't really intending to kill him but just expressing concern for the welfare of your children. I doubt you would get in trouble...