Niranjan Fred Thiagarajah’s Answers

Niranjan Fred Thiagarajah

Rancho Cucamonga DUI / DWI Attorney.

Contributor Level 11
  1. Is it possible to lower a wobbler charge that's filed as a felony to a misdemeanor?

    Answered almost 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

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

    Answered almost 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

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

    Answered almost 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

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

    Answered almost 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

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

    Answered almost 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

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

    Answered almost 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

  7. 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 about 3 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.

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

    Answered about 3 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...

  9. If my husband was in involve in a self defence situation and lawyer told him he was going to put in a motion 995

    Answered over 3 years ago.

    1. John M. Kaman
    2. Brian Andrew Bezonsky
    3. Niranjan Fred Thiagarajah
    3 lawyer answers

    I agree with the above answer except for one distinction. Mr. Kaman assumes that your husband is already in custody but I can't tell that from the question posted. If your husband remained out of custody after the preliminary hearing, then he will most likely remain out of custody after the 995 motion. If he was taken into custody after the preliminary hearing or he was already in custody at the time of the preliminary hearing, then he will most likely stay in custody if the 995 motion is lost.

  10. Recently I got a wet reckless with 2 years of probation. Can I shorten the probation period? On what bases?

    Answered over 3 years ago.

    1. Joseph Briscoe Dane
    2. Andrew Stephen Roberts
    3. Brian Russell Michaels
    4. Niranjan Fred Thiagarajah
    4 lawyer answers

    Actually, it's good advice because you can't apply for a change in immigration status while on probation. You will NOT get naturalized if you are on probation. Only if probation is terminated, either naturally or through an early termination of probation, can you then apply for naturalization. The above attorneys gave good advice as to how to go about getting an early termination of probation -- you will need a criminal defense attorney to help you do it. And then I highly recommend hiring...

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