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Rishi Singh Bagga

Rishi Bagga’s Answers

26 total

  • How much does it cost to buy out of a non-compete agreement?

    I have a senior level position with a small company. Another company wants to hire me, but my non-compete agreement is very strict. If I want to offer a buy out, how much should I suggest? My annual salary is in the low six figures.

    Rishi’s Answer

    Fully agreed with the comment above. In Florida, these sorts of agreements are generally enforceable - however, the enforceability depends on a variety of factors - if it is too strict, it may not be fully enforceable and that may help you get some leverage in your negotiations. Reviewing this closely with a lawyer will help you in negotiating an exit from your company - the small cost in hiring an attorney can be a worthwhile investment to insure you get the best deal possible.

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  • How much time am i looking at for a 3rd degree grand theft?

    just turned 18, never been in trouble with the law before.

    Rishi’s Answer

    Generally, the maximum punishment is 5 years in state prison for a 3rd degree felony. That's the maximum - if you have no prior criminal history, it could be less. But, there are a whole bunch of different factors - what was the crime? What were the circumstances? Is there a victim and what do they think should happen? Did you go to trial or take a plea? You need to talk to a lawyer to discuss your case and all of these factors.

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  • How confidential is OSHA 's confidentiality claim?

    I signed a no compete agreement a few years back after I thought what was an innocent negotiation of safety related concerns and now I wish to leave for fear of my safety because my employer never held up their side of the bargain.

    Rishi’s Answer

    I agree - take the agreement to a lawyer and it reviewed. I'm not sure how the noncompete agreement relates to OSHA, but only on reviewing the actual clause will you be able to gauge whether or not it is likely enforceable.

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  • What options do I have with this only witness ?

    Only witness in case made threats during recorded deposition to defence "I would have punched him in the face had police not shown up."

    Rishi’s Answer

    It's really difficult to tell without some additional information. Is this a criminal matter? Civil? What is the subject of the testimony? A witness might have a weakness or may have said the wrong thing but it may not impact the weight of their testimony - it depends heavily on the circumstances of the case and what you are trying to prove. Not sure what type of case this is, but speaking to a lawyer can help sort out how this could impact a case.

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  • Misdemeanor probation, left state.

    My friend had probation for a misdemeanor he paid all his fees, he did his community service hours and he did 20 of the 26 hrs need in classes, he stopped going to probation about a month ago. He has no warrant, got stopped by a police officer abo...

    Rishi’s Answer

    Agreed with all the other responses - there are no "almosts" with probation. It is a matter of time before the probation officer files the probation violation affidavit and a warrant is issued, and once it is, it will eventually be visible throughout the country (even if it isn't immediately). Absolutely not worth the risk on this one - he should come back to the jurisdiction, get an attorney, and try to fix this before it gets much, much worse. Trust me, I was a prosecutor - probation violations are so easy to prove, we made an example of those who violated.

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  • I got arrested for Possession of Marijuana under 20 grams but the officer didnt find the marijuana on me? Plead not guilty?

    Me and my friends were downtown my friend took a wrong turn to a coned off road, the cop came up to the car smelled marijuana and told the driver to take out the car keys and step out. We all stepped out the cop searched me and found no marijuana ...

    Rishi’s Answer

    First of all, you should always plead not guilty at arraignment until an attorney has been able to properly evaluate the evidence against you in the case. Second, as a general matter, possession doesnt always require that you have something on your person. However, it sounds like you may have some defenses here, but with any possession charge, it's important to have a lawyer evaluate the facts carefully. Small details make a big difference because possession laws can be complex in these situations. Call my office if you'd like to discuss further.

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  • Bail Hearing set AFTER my husbands arraignment??

    My husband was arrested on 10/8 for being with the wrong person at the wrong time. He has pending charges of burglary w/assault and simple assault and no bond was set at his first appearance. His arraignment is in 4 days and his PD recently put in...

    Rishi’s Answer

    First, a clarification - the bond issue is an issue of "pre trial release" - bond is a form of pretrial release, as are ROR, etc, a determination of which is usually required within 24 hours. However, the conditions of pre trial release can be modified at any time pre trial, so long as there is a change in circumstances. Yes, this is usually before arraignment - but it doesn't have to be - it can be any time before trial.

    It is strange that it got noticed for 3 weeks from now, but its possible that the real intention is to hear the matter at arraignment. Motions to change bond/pretrial release only require a few hours of notice, not necessarily a few days. It's also possible, having not seen the notice of hearing, that the particular hearing is in regards to something else or that it was incorrectly listed for that date (clerks offices do make mistakes).

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  • I got charged with selling alcohol to a minor, was put in pretrial diversion and rejected. I have a court date and I am worried

    I checked his id, I typed in a 8 instead of a 9. Of course, I didnt notice it until I completed the transaction. The camera was checked..and I kept my job(still there 1yr later with a promotion). Anyways. My boss didn't think it was a big thin...

    Rishi’s Answer

    • Selected as best answer

    Hi there.

    I highly recommend you get a lawyer, who can hopefully try to work with the prosecutor re the situation. You can call my office to discuss further if you'd like; I frequently can work out a payment plan to fit your budget.

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  • Should my Adjudication Withheld appear as a Conviction on background checks?

    In 2005, I pled Guilty to a Grand Theft Felony charge and received Adjudication Withheld. I have since then struggled tremendously with securing employment. A company I interviewed with recently showed me a copy of my background check - it sta...

    Rishi’s Answer

    Check on the orange county clerk's website (www.myorangeclerk.com) and see what it says there. Try showing it to the employer if it shows adjudication withheld.

    Background checks are a strange thing. Its 2011, but there is no single source for all this information, and they frequently have varying or inconsistent information. Counties/clerks offices have their own databases, states have their own database, and there are national databases as well, however, they don't always successfully communicate the information properly to each other. In my experience when I was a prosecutor, multistate or national background checks were often filled with errors.

    I do not know what your criminal history is, but if the only arrest and conviction you have is the one withhold of adjudication, you may be able to have the record of the arrest sealed. This is a relatively straightforward process and will seal the arrest from public view, and in many situations, will allow you to deny that you were arrested at all.

    I assist many clients with sealing records and it is a relatively inexpensive process. Call my office at (407) 926-4131 if you'd like to discuss further.

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  • Should I plea guilty at my arraignment?

    A few weeks ago while being held for theft at walmart I gave a written statement saying what happened. So am I obligated to plea guilty at my arraignment next week? Also is there a chance that il be arrested that day? I was not arrested when the i...

    Rishi’s Answer

    No, you are absolutely not obligated to plea guilty. Statements are just one piece of evidence that can be used against you. You may have defenses to the case re: the statement or other circumstances that should be considered, depending on the case. Additionally, even if you eventually decide to plea guilty, an attorney can negotiate a better outcome for you rather than the court sentencing you based on your plea. I strongly encourage you to speak to an attorney before making this decision. I do free consultations, and you can get my contact information by visiting www.baggalaw.net.

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