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Criminal Law Basics Immigration Law Basics Business Law Basics Estate Planning Basics Copyright & Trademark Basics Criminal law Basics Any prosecution begins with a complaint brought against a person after some sort of incident. This event could involve something as innocent as running a red light or as serious as robbing a bank. The complaint is usually issued to a person by a police officer. The incident that brings on the complaint often involves the accused person getting arrested. If a person is arrested, the accused will be taken to the police station or to the county jail and go through the booking process. After booking is over, the accused is then eligible to have bail set within 24 hours. Frequently bail will be set by a bail commissioner. Other times, bail will be set by a judge. If the accused can make bail, he or she will be released. Otherwise, the accused will remain at the jail until the resolution of the case. A person who has been charged with a Class A Misdemeanor or more serious offense has the right to counsel. If the accused is indigent, a public defender will be appointed to take on the representation. Otherwise, every person facing a complaint of any kind may hire a lawyer at his or her own expense. New Hampshire organizes its criminal and motor vehicle laws into three main categories which are divided up with the following maximum possible punishments:
In addition to these classifications, there are several other special classes of offenses and other possible enhancements that can change the maximum possible punishment. Soon after the person is formally charged (arraigned) on the complaint, the accused will receive a trial date. In between the arraignment and the trial date, the accused will have an opportunity to conduct an investigation, file motions, and prepare for trial. During this phase of the process, the accused or his attorney may negotiate with the prosecutor to resolve the case by plea bargain. If a person accepts a plea bargain, the accused will plead guilty or nolo contendere ("no contest") in front of a judge and ask the judge to impose the terms that have already been negotiated. If the accused does not wish to negotiate or accept a plea, the case will proceed to trial. At a trial, it is the State's burden to prove that the accused is guilty "beyond a reasonable doubt." This is the highest standard in the United States' system of justice. The defendant has the right to mount a defense to the charges on his own or through his attorney. The accused can never be called by the State to testify at his own trial. At the conclusion of the trial, the fact finder (sometimes a judge and other times a jury) will decide whether to find the person guilty or not-guilty. If theaccused is found guilty, it will be up to the judge to pass sentence.
During all steps in this process, it is essential that you know your rights. Anyone accused of breaking the law will benefit from talking with an attorney before wading into this confusing and complex process with potentially high stakes. Attorneys Taylor and Yiokarinis will listen to your side of the story. Once we have studied the facts, we will uncover possible defenses and put into motion a plan for your defense. Both Attorneys Taylor and Yiokarinis have a strong record of success representing hundreds of clients as New Hampshire Public Defenders. We bring to the table the experience, confidence, and toughness to square off against the state in any proceeding. Contact Taylor & Yiokarinis for a free consultation about your case.
Immigration Basics
One of the most important decisions that an immigrant living in the United States can make is whether or not to become a citizen of the United States. Naturalization is the process by which United States citizenship is conferred upon a permanent resident or green card holder. The requirements for naturalization are generally as follows:
. A period of continuous residence in the United States In addition to naturalization, a person may be entitled to citizenship:
. By being born in United States Recent changes in immigration law and United States Citizenship and Immigration (CIS) process now make it easier for people serving in the United States military to become citizens.
Once you become a United States citizen, you can live and work permanently in the United States, vote in United States elections, serve on juries, and hold a United States passport. As a United States citizen, you can also sponsor your spouse, unmarried children under age 21, and parents as immediate relatives. We will help determine your present status, and advise you if you are eligible to become a naturalized citizen. If you want to explore the possibility of becoming a naturalized citizen or need assistance with the process, contact Taylor & Yiokarinis.
The Immigration and Nationality Act allows foreign citizens to immigrate to the United States and obtain their green card based on their family relationship to a United States citizen or legal permanent resident. Approximately 500,000 family-based immigrant visas are available each year. Applying for a green card is an involved process that requires a lot of documentation including affidavits, testimonies and recommendation letters. A United States immigration lawyer can help you work through the bureaucratic process and get your green card as quickly as possible. At Taylor & Yiokarinis, we will prepare all of the necessary legal documents along with supporting evidence for submission to the United States Citizenship and Immigration Services (CIS). If you need assistance in applying for a family-based immigration visa, contact Taylor & Yiokarinis for guidance. Even a lawful permanent resident could face a deportation order for a number of reasons. One of the most common reasons that either a lawful permanent resident or an illegal alien may face removal is a criminal conviction. Conviction of a felony will often trigger removal proceedings. The list of crimes that can endanger an immigrant's status is long, and any felony conviction poses a threat. Some of the crimes that could set removal proceedings in motion include, but are not limited to:
. Aggravated misdemeanors/felonies If you or someone you care about has been charged with a crime, contact Taylor & Yiokarinis to help mount a defense to removal.
Deportation is not the only threat to the status of an immigrant or green card holder. A criminal record, past convictions, or probation, may result in exclusion from the United States or inadmissibility to enter the United States. Additionally, even if a criminal conviction is expunged, the criminal conviction could still be used to exclude an immigrants entry into the United States.
If you are having difficulty adjusting you immigrant status, becoming a citizen, or re-entering the United States as a consequence of your past criminal history, contact Taylor & Yiokarinis for a free consultation.
Becoming a Legal Permanent Resident ("Green Card")
Approximately 140,000 employment-based immigrant visas are available each year. Applying for a green card is an involved process that requires a lot of documentation, including affidavits, testimonies and recommendation letters. A United States immigration lawyer can help you work through the bureaucracy and get your green card as quickly as possible. We will determine which classification of employment-based immigration visa is suitable for you and prepare all of the necessary legal documents along with supporting evidence for submission to the United States Citizenship and Immigration Services (CIS). The CIS was formerly known as the Immigration and Naturalization Service (INS). If you are considering applying for a green card to live and work permanently in the United States, contact Taylor & Yiokarinis.
If you are a citizen of a foreign country who wishes to enter the United States for business or employment reasons and stay from several months to several years, contact Taylor & Yiokarinis. We will help you determine which classification of non-immigrant business visa is best suited for you. We also will prepare all of the legal documents along with supporting evidence for submission to the United States Citizenship and Immigration Services (CIS).
Non-immigrant visas are authorized with a specific end date, after which you would be required to return to your home country. Extensions are available. Nonimmigrant visas can also become the basis for a permanent work visa, known as an Employment-Based Immigrant Visa or green card. Contact Taylor & Yiokarinis to help you obtain a Non-Immigrant Business Visa.
Non-immigration business visa requests are a frequent immigration request by citizens of a foreign country desiring to enter the United States to work. One of the most common non-immigration business visa requests is for the H1B visa.
An H1B visa is a specialty occupation visa issued to foreign citizens who will be temporarily employed in a specialty occupation. The H1B work visa requires sponsorship from a United States employer. Initially, H1B visas are typically granted for a period of 3 years with an opportunity to extend the duration to 6 years. There are some legal methods to extend the H1B visa past the 6 year limit. If you would like more information about H1B visas, please contact Taylor & Yiokarinis.
Estate Planning Basics
It is never too early to plan forever. According to the American Bar Association's Committee on Psychological and Emotional Issues of Estate Planning, ". . . just about every aspect of estate planning invites anxiety." Some of the most stressful events of a person's life (such as the death of a loved one, retirement, a change in finances, moving, etc.) are examined during the estate planning process. Additionally, the process may prompt introspective questions such as, "What have I done with my life?"
Frequently, the death of a loved one or close friend is the catalyst that finally makes someone take action. The payoff for having gone through the emotional turmoil can be sweet though. In the words of the ABA's Committee on Psychological and Emotional Issues of Estate Planning, "[You] have fulfilled part of [your] obligation as a parent or as a spouse to deal with these issues so [you] don't just leave a total mess for [your] kids."
It is a difficult thing to sit down and think about the end of your life. No one likes to dwell on the idea of his or her own death. But proper estate planning should not wait. Without a plan, you run the risk that your intended beneficiaries, those that you care for the most, may not receive what you want them to receive because of administration costs, unnecessary taxes or family squabbling. This is why estate planning is so important. It does not matter how large or small your estate may be. The proper planning allows you to ensure that your property will go to the right people, the way you want and when you want. All this can be done while you're living, so that you can have the peace of mind knowing it is all planned out. Not only does estate planning give you peace of mind, it saves money. You can save on taxes, court costs and attorneys' fees. At Taylor & Yiokarinis, we recommend that all estate plans should include, at a bare minimum, a durable power of attorney and a will. A power of attorney gives to someone you trust the authority to manage your property during your life, in case you are ever unable to do it for yourself. A will is designed to manage and distribute your property after death. There are numerous other instruments we can discuss with you to accomplish your goals. These include:
. Revocable living trusts. To avoid probate and to manage estates during life.
. Advanced medical directives (medical durable power of attorney). These plans are designed to inform your doctor through an agent about your desires concerning medical treatment should you become unable to speak for yourself
. Living will. These documents give your doctor your instructions about life sustaining procedures, artificial nourishment and organ donation
. Payable on Death (POD) and Transfer on Death (TOD) Accounts. These stipulations allow assets to be transferred to the named entity upon the death of the account holder.
. Life Estate Interest. This agreement allows someone the right to use and/or occupy property until that person's death.
. Beneficiary Designations. Certain types of assets, such as life insurance policies, annuities, IRAs, etc. allow for the naming of a beneficiary who will inherit the assets when the account holder dies.
. Trusts. Trusts afford many benefits other than just probate avoidance, but there are many different types and their terms can be complex, so the assistance of a professional is strongly recommended.
Many people at all stages in life are without estate plans. The usual obstacles to progress are: . "I don't even know exactly who I want to get my property, how can I write a will?" . "I always have time to plan." . "What about the unknowns.what if.?" Don't let these common hindrances stop you from setting up a plan. Because no one knows what the future holds, it is best to plan early. While your plans may change over life, it is still imperative to have them in place early in life. Legal documents must be signed when you have the proper mental capacity to appreciate and understand what they mean. Even if you don't know exactly how you want your assets to be distributed or to whom, you must forge ahead. There are many options to help you through these uncertainties. It's impractical to consider every possible event that might occur, so your estate plan cannot realistically cover endless possibilities. However, we can build flexibility into your plan to address many scenarios, and should circumstances change, we will work with you to make the necessary changes.
It's never too late to plan forever. Call us today for an appointment.
What you should have ready to provide your Estate Planning Attorney: . If you have minor children, select a guardian and have the guardian's contact information. . Select an executor and trustees as appropriate and have their contact information. . Select someone to serve as your agent for financial and medical matters should you become incapacitated and have their contact information. (They need not be the same person.) . Decide how you want your assets and personal items to be distributed and have contact information for anyone to whom items will be bequeathed. . List all financial assets and sources of income including bank accounts, salaries, stocks, interest income, pensions, etc. . List all your financial obligations and list those who owe you money and how much. . Provide information about or copies of important documents such as insurance policies (note beneficiaries and values), divorce papers, prenuptial agreements, etc.
Most of this information can be provided in our Estate Planning Questionnaire.
Trademark Basics A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are used to refer to both trademarks and service marks whether they are word marks or other types of marks. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services.
A trademark is different from a copyright or a patent. A copyright protects an original artistic or literary work; a patent protects an invention. The primary purpose of marks is to prevent consumers from becoming confused about the source or origin of a product or service. Marks help consumers answer the questions: "Who makes this product?" and, "Who provides this service?" Consumers become familiar with particular trademarks and the goods or services they represent. In some instances, marks can develop what's known as "secondary meaning" as an indicator of quality. This secondary meaning answers another important question for consumers: "Is this a good product to buy?" This is why well-known trademarks of respectable companies are highly valuable business assets, worthy of protection.
Establishing Trademark Rights: There are two ways: by adoption and by use. Adoption. When you believe that you are proposing a new trademark, you must take great care to determine whether the mark is available for adoption and use.
Use. In the United States, rights in a mark generally are not recognized unless, and until, the mark has been used by its proprietor. Once a mark is used in the proper way, it is protected at common law, and may be registered with local and/or federal authorities.
Why you should consult an attorney about trademark law?
At Taylor and Yiokarinis, we will search, analyze and assist you in putting your mark into the market place. We will take the right steps to 1) help you find the right mark for you, 2) register and use your mark, 3) prevent the inadvertent infringement of marks held by others (which can save you time, money and legal troubles down the road), and 4) show you how to protect your trademark rights. Additionally, once your mark is registered, we offer trademark enforcement, monitoring and maintenance services to help you protect you business intellectual property.
Why should a mark be registered? . Constructive notice nationwide of the trademark owner's claim . Evidence of ownership of the trademark . Jurisdiction of federal courts may be invoked . Registration can be used as a basis for obtaining registration in foreign countries . Registration may be filed with United States Customs Service to prevent importation of infringing foreign goods. When an adverse user infringes on your trademark, we can help. Not always does a trademark infringement case involve litigation in federal court. At Taylor & Yiokarinis, we know how to handle adverse users. While litigation should be avoided whenever possible, sometimes it simply cannot be prevented. Money remedies available in trademark infringement suits are based on the actual damages suffered by a trademark owner. These damages could include lost profits and can be enhanced if a trademark owner can prove intentional infringement by the adverse user.
Taylor & Yiokarinis offers full service trademark opposition and litigation support.
Use of the "TM," "SM" and "®" Symbols:
Anyone who claims rights in a mark may use the TM (trademark) or SM (service mark) designation with the mark to alert the public to the claim. It is not necessary to have a registration, or even a pending application, to use these designations. The claim may or may not be valid. The registration symbol, (r), may only be used when the mark is registered in the PTO. It is improper to use this symbol at any point before the registration issues.
What is a non-substantive USPTO office action?
The United States Patent and Trademark Office occasionally refuses trademark applications after an initial review by an Examining Attorney. Such refusals entitle the applicant to respond within 6 months of the mailing of the office action/provisional refusal. Non-substantive USPTO office actions may be informal, requiring clarification or amendment of the application in order to place it in proper condition for publication. Informalities include problems with the identification of goods or services, the legal entity status or citizenship of the applicant, improper specimens, or improper dates of use.
What is a substantive USPTO office action?
Substantive USPTO office actions are based on more complicated problems identified by the Examining Attorney. Substantive USPTO office actions may involve substantive legal refusals based on statutory prohibitions, such as refusals based on mere descriptiveness (or generic marks), likelihood of confusion, surnames, false suggestion of connection, or scandalous marks. Upon receipt of a substantive USPTO office action, we will provide a free evaluation to determine whether or not the problem can be fixed and provide an estimate of the fees associated with responding to the office action.
Copyright is one of the laws covered by the umbrella term intellectual property.
Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©.
Typically, a work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests. In the United States, copyright has been made automatic since March 1, 1989, which has had the effect of making it appear to be more like a property right. Thus, as with property, a copyright need not be granted or obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape or a letter), the copyright holder is entitled to enforce his or her exclusive rights. However, while a copyright need not be officially registered for the copyright owner to begin exercising his exclusive rights, registration of works does have benefits; it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees (whereas in the USA, for instance, registering after an infringement only enables one to receive actual damages and lost profits). In the United States, if you register after an infringement occurs, you are only able to get actual damages and lost profits, but not statutory damages and attorneys' fees.
Copyrights are generally enforced by the holder in a civil law court, but there are also criminal infringement statutes. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as the Recording Industry Association of America (RIAA) are, more and more, targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court for several thousands of dollars.
How are copyrights different from trademarks and other intellectual property? Copyright law covers the creative or artistic expression of an idea. Patent law covers inventions. Trademark law covers distinctive signs which are used in relation to products or services as indicators of origin, as does (in a similar fashion), Trade Dress. Registered designs law covers the look or appearance of a manufactured or functional article. Trade secret law covers secret or sensitive knowledge or information. Although copyright and trademark laws are theoretically distinct, more than one type of them may cover the same item or subject matter. For example, in the case of the Mickey Mouse cartoon, the image and name of Mickey Mouse would be the subject of trademark legislation, while the cartoon itself would be subject to copyright. Titles and character names from books or movies may also be trademarked while the works from which they are drawn may qualify for copyright. Public domain works should not be confused with works that are publicly available. Works posted in the internet for example, are publicly available, but are not generally in the public domain. Copying such works may therefore violate the author's copyright.
So whether you are a writer, musician, a web developer, a painter, sculptor or any person who is in the business of expressing an idea or information, copyright law should be important to you. At Taylor & Yiokarinis, we can help you protect what you make.
Business Formation Basics Limited Liability Companies Limited liability companies, or LLCs, are becoming more and more popular, and it's easy to see why. They combine the personal liability protection of a corporation with the tax benefits and simplicity of a partnership. In other words, the owners (or "members") of an LLC are not personally liable for its debts and liabilities, but also have the benefit of being taxed only once on their profits. Moreover, LLCs are more flexible and require less ongoing paperwork than an S-Corporation.
. Fewer corporate formalities
. Profits subject to social security and medicare taxes What are the advantages and disadvantages of an LLC as compared to a sole proprietorship or partnership? Advantages:
. Easier to raise money * Please note that under certain circumstances, an individual member may be liable for the debts of an LLC. These circumstances include, but are not limited to:
. If a member personally guarantees a debt Disadvantages: Start-up Cost. Initial formation fees, filing fees and annual state fees. Formal organization. More formalities.
Separate records. The LLC's money should never be intermingled with personal money.
Corporations A corporation is a separate and distinct legal entity. This means that a corporation can open a bank account, own property and do business, all under its own name. The primary advantage of a corporation is that its owners, known as stockholders or shareholders, are not personally liable for the debts and liabilities of the corporation. For example, if a corporation gets sued and is forced into bankruptcy, the owners will not be required to pay the debt with their own money. If the assets of the corporation are not enough to cover the debts, the creditors cannot go after the stockholders, directors or officers of the corporation to recover any shortfall. A corporation is managed by a board of directors, which is responsible for making major business decisions and overseeing the general affairs of the corporation. Like representatives in Congress, directors are elected by the stockholders of the corporation. Officers, who run the day-to-day operations of the corporation, are appointed by the directors. One major disadvantage of a traditional corporation is double taxation. A traditional corporation, known as a "C-corporation," pays a corporate tax on its corporate income (the first tax). Then, when the C-corporation distributes profits to its stockholders, the stockholders pay income tax on those dividends (the second tax).
One way to avoid double taxation is to make a special election to be taxed as a pass-through entity, like a partnership or a sole proprietorship. That way, there is only one level of taxation. The corporate profits "pass through" to the owners, who pay taxes on the profits at their individual tax rates. Corporations that make this tax election are known as "S-corporations."
What are the advantages and disadvantages of a corporation as compared to sole proprietorship and partnership?
Stockholders are not liable for corporate debts. Please note that under certain circumstances, an individual stockholder may be liable for corporate debts. This is sometimes referred to as "piercing the corporate veil." Some of these circumstances include:
. If a stockholder personally guarantees a debt
Continuous life. The life of a corporation, unlike that of a partnership or sole proprietorship, does not expire upon the death of its stockholders, directors or officers.
. Easier to raise money
. Higher cost to set up and run A traditional corporation, known as a C-corporation, is taxed as a separate entity, leading to double taxation of corporate income and dividends to shareholders. An S-corporation, on the other hand, is a corporation that elects to be treated as a pass-through entity (such as a sole proprietorship or partnership) for tax purposes. Since all corporate income is "passed through" directly to the shareholders who include the income on their individual tax returns, S-corporations are not subject to double taxation.
Protect yourself from the beginning. Contact Taylor & Yiokarinis today for a free consultation.
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