Niranjan Fred Thiagarajah’s Answers

Niranjan Fred Thiagarajah

Rancho Cucamonga DUI / DWI Attorney.

Contributor Level 11
  1. Will a traffic ticket in California be dismissed if the officer failed to issue a ticket at the traffic stop?

    Answered over 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

  2. Can a juvenile record be sealed if there is an expunged Adult record?

    Answered over 5 years ago.

    1. Niranjan Fred Thiagarajah
    1 lawyer answer

    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.

    1 person marked this answer as helpful

  3. Is it possible to lower a wobbler charge that's filed as a felony to a misdemeanor?

    Answered over 5 years ago.

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

    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.

    1 person marked this answer as helpful

  4. Does showing up @ the arraignment for a DV case & speaking to the prosecutor make a difference for the defendent's sentence?

    Answered over 5 years ago.

    1. Niranjan Fred Thiagarajah
    2. Edward Jerome Blum
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  5. What could happen if there is a recording saying "if anything happens to the kids I will kill you"

    Answered over 5 years ago.

    1. Niranjan Fred Thiagarajah
    2. Brian Richard Dinday
    3. Edward Jerome Blum
    3 lawyer answers

    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...

    1 person marked this answer as helpful

  6. Los Angeles County. I am being charged with battery, most likely CA. penal code 242.

    Answered over 5 years ago.

    1. Niranjan Fred Thiagarajah
    2. Matthew Edward Williamson
    2 lawyer answers

    Given the injuries on your fiancee (and I imagine the police took pictures), you will most likely be charged with Penal Code section 273.5 -- battery with injuries on a significant other. It is possible that the case might be charged as a misdemeanor. Los Angeles County has so many crimes, that mid-level conduct sometimes is charged as a misdemeanor. However, it is unrealistic to hope that you won't be charged at all. You will definitely need an attorney. Many of the attorneys on this...

    1 person marked this answer as helpful

  7. Can I be charged for a DUI if I was not under the influence of drugs the day of my arrest?

    Answered over 5 years ago.

    1. Joseph Briscoe Dane
    2. Niranjan Fred Thiagarajah
    3. Matthew Edward Williamson
    4. George Fredrick Mueller
    4 lawyer answers

    Even if you were under the legal limit for alcohol, you can still be charged with being under the influence of alcohol. Remember -- there are two laws regarding "drinking and driving" -- VC 23152(a) and VC 23152(b). The latter prohibits driving with a blood alcohol level of .08% or higher, but the former prohibits "driving under the influence" and can be charged even if your blood alcohol level is less than .08%. In Orange County, the DA's office will pursue prosecutions for people whose...

    1 person marked this answer as helpful

  8. I have my SECOND DUI in 2 months & i am under the age of 21. what happens now?

    Answered over 5 years ago.

    1. George Fredrick Mueller
    2. Niranjan Fred Thiagarajah
    3. Joseph Briscoe Dane
    3 lawyer answers

    You've got a variety of issues and some of these answers will depend on facts not listed -- whether you accepted or refused a chemical test, and what your blood alcohol level is if you took a chemical test, and whether your license was suspended at the time of your second DUI. Assuming that you submitted to a chemical test or PAS test for each incident, and assuming that the results of that test were .08% or higher for each incident, then you are realistically looking at a one-year license...

    1 person marked this answer as helpful

  9. Does a DEJ plea on a BP Code 25661 violation get reported to the DMV, even though it's technically not a conviction yet?

    Answered almost 4 years ago.

    1. David Jon Pullman
    2. Niranjan Fred Thiagarajah
    3. Jonathan J. Griffith
    3 lawyer answers

    The DMV cannot find out about a conditional plea. The only way that DMV ever finds out about anything from the criminal courts is when an abstract of a conviction is sent to them by the clerk's office. No conviction, means no abstract, means no discovery by the DMV.

  10. Is there any possible way that my misdemeanors can be reduced?

    Answered almost 4 years ago.

    1. Joseph Briscoe Dane
    2. John Winston Phillips
    3. Niranjan Fred Thiagarajah
    3 lawyer answers

    It is theoretically possible for the charge to be reduced to an infraction, but doing so depends on a variety of factors, including the particulars of your case and the personality of the DA. Another option may be to negotiate for some kind of diversion -- where you plead guilty up front, jump through some hoops, and then get the charges dismissed prior to sentencing. I have negotiated that type of resolution before at the Bellflower court, but it had more to do with the specific DA I was...

Call now for a free consultation.

877-744-4814