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Tushar G Shah

Tushar Shah’s Answers

43 total


  • Myy friend was charged with first degree Robberyy.. What do you think his sentence minimum will be ??

    And He pleads he did not commit the crime is taking the case to trial any help .

    Tushar’s Answer

    So much of the answer depends on numerous variables, as initially indicated by Attorney Stern. In addition to the individual's own history, some variability comes into play based on the facts of this case, whether your friend is going to take a guilty plea, or try to fight the case, and whether your friend has any mitigation to offer to the Court. The location of the charge can also have an affect on the likely sentence, along with the quality of the counsel representing your friend (whether it is someone who knows the angles of cases like this, and is able to present reasons to reduce the sentence).

    I've seen first degree robbery cases knocked down due to a good argument, and have seen/heard of others going to trial with both positive and negative results. More information is really necessary to make a suggestion as to what your friend would get. Remember, ultimately, if a plea deal is sought, it will be up to the Judge as to what the final numbers are.

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  • What should a collection agency be reporting on a disputed debt?

    I have an alleged debt that was sent to an collection agency, who in turn has reported it to the credit reporting bureaus. I received verification of what the debt is, however, I am disputing the debt (because I don't owe it) with the original cr...

    Tushar’s Answer

    The first poster got it right. One note, if no one makes any changes to the reporting, I would contact a local debtor lawyer who can go after them. Violations of the Fair Debt Collection Act (FDCA), a federal act which governs the conduct of debt collectors and what they can and can't report to the collection agencies, could result in the issuance of monetary penalties against the debt collector.

    Document everything you do to contact them, and put as much as you can in writing. Get names of people you talk to and write down the dates and times of such conversations. Take all of that to the debtor lawyer. One suggestion in the area is Joshua Cohen at The Debtor Law Firm in Hartford.

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  • Signed a lease agreement a year ago, landlord sent me a sample lease, which I never signed nor did the landlord.

    I moved in to the apartment on Oct 30, 07 with a free months rent. So my lease started at the end of Oct, effectively Nov 1st. When I was getting ready to move out on Oct 31, 10, the new apartment company pulled up the old apartment companies leas...

    Tushar’s Answer

    From what you posted, it would appear that you had an oral lease starting in November 2007. This is based on your representation that you never singed a lease document nor did your landlord.
    Was this lease paid on a monthly basis? If so, in effect, you had a month to month lease. What then becomes important in the analysis is when you gave notice that you were leaving at the end of October. If you provided them notice of that, prior to Oct 1, 2010, they do not have a legitimate claim to any November rent, as you provided them notice one full period in advance of leaving on a month to month tenancy. If you provided notice after Oct 1, 2010, then you would technically owe the November rent, unless you had a valid oral agreement otherwise.
    This issue hinges largely on your representation that no lease was signed, and the date that you provided notice you were leaving. The oral agreement to forgoe rent will likely not be held valid unless there was some additional consideration to the landlord for the agreement.
    If you have any questions, contact an attorney in your area, but this matter will likely be handled through small claims court. Make sure you file your answer and appear in Court to fight the case.

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  • 21 year old pregnant by 16 year old

    What can happen if a 21 year old female gets pregnant by a 17 year old who was 16 at the time she got pregnant? Will she have to give up her baby?

    Tushar’s Answer

    Attorney Colson got it right in that no one would force the 21 yo to give up the child on the face of the information provided.

    However, of note is the possibility of charges being sought against the 21 yo for having had sex with an individual who was below the age of majority. If this matter gets to the authorities, the 21 yo may face criminal charges including risk of injury, sexual assault and the like. If those charges are pursued, that could result in DCF intervention, which could result in the child being taken away from her, and placed with someone else (if someone volunteers from his side, the child would likely be placed with them). More information is needed to properly assess that side of the question.

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  • I'm a contractor & homeowner is blackmailing me to do additional work making up false claims about my work & performance.

    The homeowner wants me to sign a new contract listing additional work & no additional payment just the amount that's owed. I have a week left of work & they owe $3,000.00 He's making up factious false claims of damages & my work performance. He s...

    Tushar’s Answer

    In your position, I would deny doing any more work, and put in writing why (attempt to coerce you into doing work by making false allegations). I would finish off the work that was contracted, and demand payment. The amount is small enough that a small claims suit could work if there is a failure to pay.

    I would document as much as I could, in writing, if I were you, and send it to the individual as a breakdown of why you will not do additional work that is not part of the original agreement. If you have another contractor who you know, I would have them look through the area as well to confirm the work done to date, and the quality of the work/performance.

    The above is intended to be the opinion of the poster. Any individual should always consult with an attorney in their local area before relying on anything contained herein. The above is not intended to be formal legal advice and no attorney-client relationship has been created by this posting.

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  • Does A hand written will in the state of CT hold up in court?

    My brother passed away and left two seperate wills hand written with my name as full benificuary, will this hold up in court. There is a second sibiling who did not get along with my brother.

    Tushar’s Answer

    While a handwritten will will generally not be found to be controlling in probate matters, it can be instructive as to the intent of what your brother wanted accomplished with his estate. I would strongly suggest you contact a local probate attorney who specializes in will disputes if your other brother is going to seek to dispute any bequeatment that is made. You also need to answer a few questions. Was your brother who passed away single? Did he not have any other natural heir that would step in as beneficiary before you?

    If you want more help, one firm that might be able to help you is Knott and Knott in the Cheshire/New Haven area.

    The above is general advice and not intended to create an attorney-client relationship in any manner. One should always consult a local attorney before relying on any information contained herein.

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  • Denied umempolyment for leaving for patient unattended. I have been in this company for 10 years.

    I this is not true and i followed all procedure. patient was checked on 3 times 635am-657am, also told next aid what was going on with patient to check on her.shift is over at 7am punchout time 712am for informing next aid.

    Tushar’s Answer

    More information is needed to answer this question. Have you applied and been denied at the first level of unemployment, or were you denied at a higher level? Did you go to the hearing or attend by phone? If a first level denial, did you timely file an appeal of that decision. How did they claim you had left the patient unattended if you complied with all of the rules? Once you provide answers to those questions, along with more facts, a local attorney should better be able to answer your question and assess if you have a good case.

    The above is general advice and not intended to create an attorney-client relationship in any manner. One should always consult a local attorney before relying on any information contained herein.

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  • My child is being stalked in public middle school.

    The school system has done everything possible to protect my daughter from this other child. Including being my daughter's body gaurd for most of the day. We have tried to set up a meeting with the parents, school and police department. The pare...

    Tushar’s Answer

    This post leads to some questions. What happened with the meetings you attempted to set up with the school and police department? A lot of what you can do is based on the seriousness of the offense/stalking. How is this person stalking your daughter - what are the facts to support it. Does the school agree that these facts are accurate or is it a he said she said between your daughter and the boy? More information is likely needed to accurately answer this question, but you always have the easy solution - contact the local police and swear out a warrant if the stalking is serious enough that it is harming your daughter and/or affecting her ability to pursue her education.

    The above is general advice and not intended to create an attorney-client relationship in any manner. One should always consult a local attorney before relying on any information contained herein.

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  • Can an employer fire you if you are unable to work for a length of time

    i broke my foot at home on july 5th and been off of work since. can my employer fire me for not being able to work

    Tushar’s Answer

    This depends a lot on the facts of the situation which need further clarification here. Some of the questions you should provide details on include:
    * Are you a contract employee?
    * How big is your employer?
    * What sorts of policies does your work have for non-work injuries or what has happened to others in this same situation?
    Once you provide this information, someone should better be able to assist you in answering that question.

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  • Do i need a lawer

    My husband trusted my brother to pay for a car. My brother promised to pay my husband for a car when his 401K came. August was the month and my husband has not heard anything from him. My husband gave him the title as well. He will not return any...

    Tushar’s Answer

    You should probably retain a lawyer, unless the total value of the items are less than $5,000. If the total value of the car and money posted is less than $5,000, you can pursue this yourself in small claims court. If more, you should contact an attorney who knows collection law and the Fair Debt Collection Act, so that you don't run afoul of federal law when trying to collect on the promises made by your brother. You should also note for any attorney if you have anything in writing from your brother, as he is likely to claim it was a gift between family members as an easy out to any suit.

    The above is for information purposes only and does not constitute the creation of an attorney-client relationship. Any individual seeking legal advice should contact a local attorney directly to confirm any advice given herein.

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