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Sambar Kumar Mukerji

Sambar Mukerji’s Answers

45 total

  • My girl is pregnant she turns 17 2 weeks ago and I turn 22

    I want to know if her parents can put charges on me like rape or someting

    Sambar’s Answer

    The age of consent in Texas is 17 years old. Statutory rape is a strict liability offense, meaning it does not matter whether you knew or didn't knew her age at the time you had sex with her. If you are less than three years older than your partner, you can use that fact to defend yourself against charges of statutory rape. You cannot be charged under Texas statutory rape laws if you are married to your minor partner. Legally, yes it is possible to have charges pressed against you for statutory rape. Whether her parents, or anyone else for that matter, decide to report you is up to them.

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  • I am 18 years old and my gf is 17. does this mean that now we can have sex without braking the law

    I live in the state of texas

    Sambar’s Answer

    The age of consent in Texas is 17 years old.

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  • Are verbal agreements binding contracts in Texas?

    The seller of this house I'm trying to buy accepted my offer (verbally) on Saturday through my broker & Sunday he signed a contract with another buyer because of a higher offer.

    Sambar’s Answer

    The previous two posters are correct -- a real estate contract such as the one you mention has to be in writing in order for it to be binding.

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  • Am I liable in TX?

    I was in an accident not at fault in TX. Other party was cited for fail to yield to row. I'm uninsured and been drinking no results on police report. Other insurance company attempting to subrogate, am I liable?

    Sambar’s Answer

    When you say "insurance company attempting to subrogate," I'm assuming you mean the insurance company that was insuring the driver who received the ticket for failure to yield the right of way. If so, and that insurance company got wind of it, then yes, they may try to subrogate. Since you did not have insurance at the time of the accident, you may want to look into hiring a private lawyer to protect your rights. You do not want the insurance company, through its lawyers, to get a judgment against you if you believe you are not liable for the accident. When you say you were drinking but "no results on police report" I'm not sure what you mean -- you passed the FSTs or just not mentioned on police report that you took FSTs? Or something else? I do not want to comment on DWI or alcohol consumption as I'm not sure about that part of your statement of facts.

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  • Was in accident (my fault) will the other drivers insurance pay for my repairs?

    Can I file a claim with other driver's insurance>

    Sambar’s Answer

    A car insurance company is only on the hook to pay for another vehicle's damage only when their insured is liable. Because in your situation this is not the case, they will not pay.

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  • How much time would you get for a second offense felony? The first being Burglary of Hab. the second Attempted Burg. of Hab.

    My brother was charged with Burglary of a Habitation when he was 18. He served 9 months in prison. he was denied parole the first time, but got it the second time. He did a year and a half and completed his parole. My brother is now nearly 21 year...

    Sambar’s Answer

    The range of punishment is great. It will ultimately be up to the facts of the case at hand, what the prosecutor is willing to offer, how competent the defense lawyer, and what the judge is willing to accept/hand down as punishment. Should the case go to trial and he is found guilty, punishment varies even more greatly at the hands of a jury. I would highly recommend your brother consult an attorney in person and get him/her more detailed facts about his case, and that attorney could give you a better answer to this question.

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  • Im on prbation for 2 years probated for 1 year state jail in at the end it was revoked. how much time will they give me?

    i went to jail recently and caught a new charge one was felony one was misd. I was behind on payments and missed some classes.

    Sambar’s Answer

    It varies -- ultimately it will be up to the judge to decide your punishment based on the extent to which you violated the initial probation. The judge, however, will have to follow statutory guidelines. I would need more information about all charges/convictions involved to better answer your question.

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  • Can a 17 year old be arrested if his/her car is reported stolen by his/her parents.

    the car is in my parents name.

    Sambar’s Answer

    Yes, if the parents want to move forward with pressing charges. There's probably more information needed.

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  • What are he maximum to minimum charges for arson?

    what are he maximum to minimum charges for arson?

    Sambar’s Answer

    Punishment ranges from probation to life in prison. The following is from the Texas Penal Code:

    Sec. 28.02. ARSON. (a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

    (1) any vegetation, fence, or structure on open-space land; or

    (2) any building, habitation, or vehicle:

    (A) knowing that it is within the limits of an incorporated city or town;

    (B) knowing that it is insured against damage or destruction;

    (C) knowing that it is subject to a mortgage or other security interest;

    (D) knowing that it is located on property belonging to another;

    (E) knowing that it has located within it property belonging to another; or

    (F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

    (a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.

    (b) It is an exception to the application of Subsection (a)(1) that the fire or explosion was a part of the controlled burning of open-space land.

    (c) It is a defense to prosecution under Subsection (a)(2)(A) that prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions.

    (d) An offense under Subsection (a) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that:

    (1) bodily injury or death was suffered by any person by reason of the commission of the offense; or

    (2) the property intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship.

    (e) An offense under Subsection (a-1) is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense.

    (f) It is a felony of the third degree if a person commits an offense under Subsection (a)(2) of this section and the person intentionally starts a fire in or on a building, habitation, or vehicle, with intent to damage or destroy property belonging to another, or with intent to injure any person, and in so doing, recklessly causes damage to the building, habitation, or vehicle.

    (g) If conduct that constitutes an offense under Subsection (a-1) or that constitutes an offense under Subsection (f) also constitutes an offense under another subsection of this section or another section of this code, the actor may be prosecuted under Subsection (a-1) or Subsection (f), under the other subsection of this section, or under the other section of this code.

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  • Dallas,TX Can I file a motion for early termination of probation and petition for an expungement without a lawyer?

    I realize most of you would not recommend this, however, I am unemployed (hence the need for an expungement) and cannot afford to hire one. I am 25 months into a 8 year deferred probation for online solicitation of a 15 yr old. I took a pl...

    Sambar’s Answer

    You're right, I don't recommend it. However, you are allowed to represent your self in this matter, and yes, you can apply for early termination and expungement on your own. You paying all your fines and meeting the terms of your probation up until now is very good for your case; however, it is rare to have probation terminated this early into the probation period (relatively).

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