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Immigration
(Please click on the
topics to read in
detail)
Legal matters
relating to HR and
concerning employee
issues, policies,
disciplinary issues,
terminations and
other related issues
Family Law
Shipping Law
Residential
Property/
Conveyancing
Corporate/Commercial/
Corporate services
including series
funding and minutes
Arbitration
Litigation
Criminal Law
Criminal Charges
Criminal Conviction and Immigration
General
Rights of every
Individual
Legal Fees
Accountancy
Taxation
Corporate Law
Foreign
Collaborations and
Joint Ventures
Conclusion
Legal matters
relating to HR and
concerning employee
issues, policies,
disciplinary issues,
terminations and
other related
issues:
HR law experts have
national and
international
experience in:
social security law
employment law
personal tax
When you employ
staff in ASEAN,
Europe, US and UK we
can advise you in
setting up a
structure that
complies with all
the relevant social
security and labors
law requirements
(agency
registrations and
employment-related
documents)
We advise you in
setting up your
employment law
structure, such as
in registering with
the appropriate
agencies and drawing
up employment
documents.
Acting as your
Social Security
Representative.
We can help you
draft of contracts
relating to
employment laws and
policies including.
Client contract
review (controlled)
Vendor/sub
contracts/consultants
contracts.
Running the
payroll in the USA,
UK Europe, India.
Intra Company across
borders and
International
employment Plans.
We set up
cross-border
employment and
international
employment plans and
have built up a
strong reputation in
this field.
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Family Law:
We provided advice
and representation
in the following
areas;
-
Separation and
judicial
separation.
-
Divorce petition
grounds.
-
Financial
matters arising
out of
separation or
divorce.
-
Review of tax
and pensions
matters.
-
International
and
jurisdictional
issues.
-
Injunctions and
restraining
orders.
-
Cohabitation and
premarital
contracts.
Where children were
involved, our areas
of advice and
assistance included:
-
Custody issues
and maintenance
payments towards
the children.
-
Residency
issues.
-
Contact order
issues.
-
International
Adoption advice.
-
International
Ward ship and
guardianship
issues.
-
We have ably
represented
clients in
family courts,
settled disputes
relating to
family laws in
various
jurisdictions
all over the
world.
Top
Shipping Law:
The firm provided
advice and
representation on
shipping law
matters, including;
Example of work;
Top
Real Estate/Conveyancing/Investment:
We provided advice
and representation
to both landlords
and tenants in
respect of their
rights in
applications to
acquire the freehold
of leasehold houses
and lease extensions
of both flats and
houses. We also
advised property
owners on short-term
lettings for
investment purposes
and prospective
tenants on the terms
of tenancy
agreements for
occupation.
Additional work done
included;
-
Property
conveyance in
India, US and
Europe.
-
Cross border
property trust
litigation.
-
Remortgaging.
-
Advice on Cross
border property
finance.
-
Preparation of
lease
extensions.
-
Preparation of
Licenses to
Assign.
-
Effecting Charge
of property in
the Land
Registry.
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Corporate/Commercial
- Corporate Law:
Script Legal
Services India
Private Ltd provides
a multitude of
services to its
corporate clients.
This begins with the
filing of corporate
documents with the
Secretary of any of
the 50 States, and
includes purchasing
business
enterprises,
shareholder,
agreements, sales of
corporate stocks and
corporate mergers.
We respond not only
to the immediate
needs of our
clients, we also
advise as to the
long-term
commitments and
decisions that face
many corporate
owners.
A significant
portion of our
corporate counseling
practice revolves
around the purchase
and sale of new
businesses by
corporations as well
as drafting and
negotiating leasing
agreements.
Commercial:
-
Agency.
-
General
commercial
matters.
-
Contract
negotiation and
drafting
-
Conditions of
sale.
-
Franchises.
-
Joint ventures
in the oil and
gas industry.
-
Manufacturing
agreements.
-
Marketing
agreements.
-
Partnership Law
disputes.
Corporate:
-
Review of
Articles and
Memoranda of
association.
-
Company law
advice.
-
Company
Formations in
offshore
jurisdictions.
-
Share issues,
transfers and
subscriptions.
-
Advice on
Shareholder
agreements.
-
Incorporation of
Company,
Secretarial and
registered
office services.
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Arbitration:
-
Arbitration is a
legal technique
for the
resolution of
disputes outside
the courts.
-
It is a
proceeding in
which a dispute
is resolved by
an impartial
adjudicator
whose decision,
the parties to
the dispute have
agreed will be
final and
binding.
-
Arbitration is
today, most
commonly used
for the
resolution of
commercial
disputes,
particularly in
the context of
international
commercial
transactions.
Business
dealings have
become even more
global, and
threats can
arise in the
form of
enforcement
issues when
dealing with
other countries.
-
Arbitration is a
consensual
process; parties
will only ever
arbitrate where
they agree to do
so. Such
agreements
generally
provide that, if
a dispute should
arise, it will
be resolved by
arbitration.
These agreements
are normal
contracts which
contain an
arbitration
clause.
Advantages of
Arbitration:
Parties often
seek to resolve
their disputes
through arbitration
because of a number
of perceived
potential advantages
over judicial
proceedings:
-
When the subject
matter of the
dispute is
highly
technical,
arbitrators with
an appropriate
degree of
expertise can be
appointed.
-
Arbitration is
often faster
than litigation
in court.
-
Arbitration can
be cheaper.
-
Arbitral
proceedings and
an arbitral
award are
generally
private.
-
The arbitral
process enjoys a
greater degree
of flexibility
than the courts.
-
Arbitration
awards are
generally easier
to enforce
abroad than
court judgments.
-
In most legal
systems, there
are limited
avenues for
appeal of an
arbitral award,
which can mean
swifter
enforcement and
less scope for a
party to delay
matters.
Using arbitration as
an alternative to
litigation to
resolve disputes can
open up a number of
opportunities. In
addition to the
enforcement
advantage referred
to above,
arbitration offers
commercial
confidentiality not
available in a
public court and a
venue that may be
considered neutral
by the parties
involved.
Our Expertise:
-
Given the
advantages
international
arbitration
offers over the
alternatives in
terms of
enforceability
of awards and
the neutrality
and flexibility
of the
procedure, it is
no surprise that
it has become
the dispute
resolution
method of choice
for those doing
international
business.
-
Such disputes
are most
effectively
handled by a
firm with an
international
presence, which
will give a
thorough, cost
effective and
personalised
resolution to
disputes.
-
By virtue of the
fact that our
principal is a
senior member of
the
international
Bar association,
duly qualified
in the UK and
Africa, an
associate of the
Chartered
institute of
arbitrators and
the fact that
our firm has
access to and
agreements with
leading law
firms in the
United States
and Africa, we
can guarantee
high quality
advice and
representation
using
arbitration.
Issues for our
clients:
Arbitration does
have distinct
advantages over
litigation in
certain situations.
However, it is
imperative to
consider the
following issues to
ensure the
arbitration clause
suits the needs of
your dispute:
-
What type of
arbitration
procedure will
best suit your
transaction?
-
Would it be
appropriate to
have a “stepped”
clause (e.g.
negotiation,
mediation, then
arbitration) in
your agreement?
-
Will you use an
ad hoc procedure
(creating your
own procedural
rules) or use
those of an
established
institution?
-
Where will the
arbitration take
place and in
what language?
-
How will the
arbitrators be
selected and how
many arbitrators
are required?
-
What law will
govern the
arbitration
itself as
opposed to
governing the
contract?
You must also
consider whether
your particular
dispute (or possible
future disputes) can
be arbitrated in the
country you have
chosen. The national
laws of several
states specify what
subject matter can
be arbitrated and
what disputes must
be litigated.
Russia, for example,
insists that all
disputes relating to
Russian sub soil
cannot be arbitrated
outside Russia.
Although arbitration
clauses can be
inserted at any
time, it is best to
agree the form of
the arbitration at
the time that the
contract is signed.
Otherwise the form
of arbitration can
become a dispute in
itself.
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Litigation:
We instructed
counsel and
represented clients
in all the following
courts;
Top
Criminal Law:
The firm advised and
represented
Defendants in all
types of criminal
prosecutions in
Courts throughout
the UK.
Criminal Charges:
The following is a
list of criminal
charges we have
experience with and
their definitions:
Narcotics Violations
Money Laundering
Theft
Sexual Assault
Rape
Domestic Violence
Assault & Battery
Kidnapping
Alien Smuggling
Illegal re-entry
after deportation
Operating a motor
vehicle under the
influence of
alcohol
Murder
Arrangement and bail
(Setting Bail)
Narcotics
Violations:
We have extensive
experience defending
the two major
categories of
narcotics
violations:
possession and
distribution.
Possession:
It is illegal to
possess a substance
defined under
federal and state
law as a "controlled
substance" without
authorization.
Possession includes
having a "substance"
physically on your
person (jacket, bag,
pocket,...) or in an
area which you
control (your house,
car, apartment,
yard...)
Distribution:
It is illegal under
federal and state
law to possess a
substance defined as
a "controlled
substance" with the
intent to
distribute, sell, or
transfer to another,
without proper
government
authorization.
The classification
of the defense as
distribution is
determined by the
person's conduct,
including but not
limited to selling
or attempting to
sell the substance,
or by the amount or
weight of the
substance that is
possessed or
controlled (meaning
that the narcotic
need not necessarily
have to be in your
possession, if you
control its sale or
distribution).
Money Laundering:
It is against state
and federal law to
disguise illegally
gained proceeds from
illegal activities
such as: drug trade,
counterfeiting,
fraud including
international
securities and
credit card fraud,
and similar
activities that harm
individuals as well
as financial systems
and institutions.
The penalties for
such offenses
include civil
forfeiture of money
and property as well
as prison sentences.
Theft:
It is illegal to
take, steal or
embezzle with intent
to convert, the
property of another.
There are a wide
array of penalties
for theft depending
upon the nature of
the item stolen, its
value, whether force
or violence was
employed, and the
characteristics of
the victim from whom
the item was taken
(penalties tend to
be higher if the
victim is a "weaker"
person, i.e. child,
elderly person,
mentally
disabled,..)
Sexual Assault:
It is illegal
pursuant to state
law to physically
touch another person
on their "private"
body parts with
intent and without
their consent.
A conviction
pursuant to this law
generally can result
in a prison sentence
or a period of
probation, depending
upon two factors,
the criminal history
of the defendant,
and the age and
susceptibility of
the victim.
These laws often
require a person who
is convicted to
register with state
authorities as a
"sexual offender".
Rape:
It is against state
law to engage in sex
with another person
without their
consent.
Sex for the purposes
of "rape" statutes
generally means the
unprivileged entry
of any bodily
orifice.
Children under the
age of majority
(varies for each
state, for example
the age of majority
for sexual relations
in the Commonwealth
of Massachusetts is
16) cannot consent
to engaging in
sexual conduct. This
is strictly
prohibited even if
the defendant is not
aware that the other
person is under the
age of majority.
A conviction
pursuant to this law
generally can result
in a prison sentence
or a period of
probation, depending
upon several
factors, the
criminal history of
the defendant,
whether force or
violence was used,
and the age and
susceptibility of
the victim.
These laws often
require a person who
is convicted to
register with state
authorities as a
"sexual offender".
Domestic
Violence:
State law prohibits
physical violence or
threats of physical
violence between
individuals who
share a "domestic"
relationship
(attempting to cause
or causing physical
harm or placing
another in fear of
imminent serious
physical harm).
A domestic
relationship is
generally defined as
a relationship
between spouses and
former spouses,
persons who are or
were living
together, persons
who are or were
related by blood or
marriage, parents of
a minor child
(regardless of
whether they have
ever married or
lived together), and
persons "who are or
have been in a
substantive dating
or engagement
relationship.
Recently the
penalties for a
conviction of
Domestic Violence
have become more
severe. The courts
and the prosecutors
generally require
that an individual
undergo therapy or
join an "anger
management" program.
Assault and Battery:
An assault is either
an attempted battery
or an unlawful offer
of harm that places
another person in
reasonable fear or
apprehension of an
immediate battery.
Battery is the
harmful or offensive
touching of another
person, without
justification or
excuse.
This type of conduct
includes most acts
of violence or
attempted violence.
The incidents become
more serious if
dangerous weapons
are used or severe
injury is caused.
The penalties for
this type of crime
range from a prison
sentence to a period
of probation,
depending upon
several factors,
including, the
criminal history of
the defendant, the
nature of the force
or violence, the
type of injury that
resulted and the
characteristics of
the victim (child,
elderly person,
mentally disabled,
sick or
infirmed...).
Kidnapping:
Presently there are
two forms of
kidnapping, general
or traditional
kidnapping and
parental kidnapping.
·
General Kidnapping
A person may be
accused of
kidnapping if he/she
unlawfully and
without consent,
removes a person
from a location, or
if he/she unlawfully
confines another for
a substantial period
of time in a place
of isolation.
·
Parental Kidnapping
Anyone who is a
relative of a child
less than eighteen
years old, who
without lawful
authority, holds or
intends to hold such
a child permanently
or for a protracted
period of time, or
takes or entices a
child from his
lawful custodian,
can be accused of
"parental
kidnapping".
Alien Smuggling:
According to Section
273 of the
Immigration &
Nationality Act it
is unlawful for any
person to bring an
alien who does not
have a valid
passport and an
un-expired visa, to
the United States
from any foreign
location.
According to Section
274 of the
Immigration &
Nationality Act, it
is unlawful for any
person to bring to,
or to attempt to
bring to the United
States in any manner
whatsoever, an alien
at a place other
than a designated
port of entry,
regardless of
whether such alien
has received prior
official
authorization to
come to, enter, or
reside in the United
States and
regardless of any
future official
action which may be
taken with respect
to such alien.
Illegal Re-Entry
after Deportation:
It is against the
law for any person
who has been ordered
deported or removed
from the United
States by the
Immigration &
Naturalization
Service, to re-enter
the United States
without the
expressed consent of
the U.S. Attorney
General for a
prescribed period of
time (generally five
to twenty years).
Operating a Motor
Vehicle under the
Influence:
In general it is
unlawful to operate
a motor vehicle on a
public road or way,
while under the
influence of
intoxicating liquor,
marijuana, narcotic
drugs, depressants,
or stimulant
substances.
The penalties for a
violation of this
law include
probation or a jail
sentence depending
upon the number of
times that a person
has been convicted
previously, and
whether there was
serious damage to
persons or property.
The courts and
prosecutor will
routinely require
completion of an
alcohol or substance
abuse education
program as part of
any sentence.
Murder:
In order for someone
to be found guilty
of first degree
murder the
government must
prove that the
person killed
another person; with
malice aforethought;
and the killing was
premeditated.
Involuntary
manslaughter is "an
unlawful homicide,
unintentionally
caused in the
commission of an
unlawful act, malum
in se, not amounting
to a felony nor
likely to endanger
life or by an act
which constitutes
such a disregard of
probable harmful
consequences to
another as to
constitute wanton or
reckless conduct."
Voluntary
manslaughter is an
unlawful homicide
arising not from
malice, but in
sudden passion
induced by
reasonable
provocation, sudden
combat, or excessive
force in
self-defense.
Arraignment
and bail (Setting
Bail):
The court through a
judge or
clerk-magistrate
will set "bail" for
a criminal defendant
after the individual
has been arrested
and charged with a
criminal offense.
The "bail" will
reflect an amount of
money that will
insure a criminal
defendant will
appear in court for
all related
proceedings. It is
based on a series of
factors including:
The nature and
circumstances of the
offense;
The defendant’s
family ties to the
community;
The defendant’s
financial resources;
The defendant’s
length of residence
in the community;
The defendant’s
character and mental
condition;
The defendant’s
criminal history;
and
The defendant’s
previous record of
appearing in Court
as required.
Posting Bail:
Posting of bail is
done in the
Courthouse during
regular business
hours. The Criminal
Clerk's Office
accepts cash bail
during working
hours. Bail may be
posted at the jail
where the defendant
is held. Generally a
jail will only
permit bail to be
posted at particular
hours .
Bail can also
generally be paid by
purchasing a bond
from a bonding
company or by
posting or pledging
real estate of a
value 10 times
greater than the
cash value of the
bail.
Returned Bail:
Bail may be returned
to the defendant
and/or surety when a
case has been
disposed. In order
to have the bail
refunded the
defendant or the
surety must bring to
the Criminal Clerk's
Office the receipt
and a picture
identification. The
bail is returned to
the individual who
signed for the bail.
If the receipt has
been lost or
misplaced the
defendant or surety
must retain a
notarized letter
from a Notary
Public, stating that
the receipt has been
lost or misplaced.
Forfeited Bail:
Bail is forfeited by
the Court and turned
over to the State
Treasurer when the
defendant fails to
appear in court on
any date prior to
the conclusion of
the case.
Arraignment:
An arraignment is
the first stage of a
criminal proceeding
during which an
individual is
charged with
committing a
criminal offense.
The defendant enters
a plea of "Not
Guilty" or a plea of
"Not Guilty" is
entered on his
behalf.
Criminal Conviction
and Immigration:
Almost any criminal
conviction can have
a negative impact on
an individual’s
immigration status.
As a result, there
are many advantages
to hiring a legal
firm with both
criminal and
immigration
experience, such as
FitzGerald and
Company, LLC.
How can we try to
prevent the negative
effects of a
criminal record on
an immigration
petition?
·
If you or a family
member has a current
criminal case
pending, we can work
to negotiate a
sentence structure
or a resolution of a
criminal case so
that it does not
have a mandatory
adverse effect on
the individual’s
immigration status
·
If you or your
family member have
had a past criminal
case, we can
petition a court to
reverse or change a
past conviction so
that the individual
in question is not
in jeopardy of
deportation.
There are two types
of convictions that
generally result in
problems with the
Immigration &
Naturalization
Service; Crimes of
Moral Turpitude and
Aggravated Felonies.
Moral Turpitude:
The Immigration &
Nationality Act and
the Code of Federal
Regulations state
that any alien who
has been convicted
of a crime involving
moral turpitude, or
admits to having
committed such a
crime, or admits to
having committed
acts, which
constitute the
essential elements
of such a crime, is
inadmissible to the
United States.
According to the
Code of Federal
Regulations (22 CFR
§40.21(a)), a
determination that a
crime involves moral
turpitude must be
based upon the moral
standards generally
prevailing in the
United States "Moral
turpitude" has been
defined as anything
done contrary to
justice, honesty,
principle, or good
morals, or an act of
baseness, vileness,
or depravity in the
private and social
duties which a
person owes to his
or her fellow
citizens or to
society in general,
whether or not it is
punishable as a
crime. (See In re
Sloan, 12 I & N Dec
840 (1966, BIA); In
re Awaijane, 14 I &
N Dec 117 (1972, BIA)).
Aggravated Felonies:
The term "aggravated
felony" means any
crime that is
serious in nature,
including but not
limited to the
following:
·
Murder, rape, or
sexual abuse of a
minor;
·
Drug, explosives or
firearms
trafficking;
·
Money laundering;
·
A crime of violence
for which the term
of imprisonment is
at least one year;
·
A theft offense
(including receipt
of stolen property)
or burglary offense
for which the term
of imprisonment is
at least one year;
and
·
Any other offense
listed in INA
§101(a) (43).
Top
General:
Rights of every
Individual
Legal Fees
Rights of every
Individual:
Right to an
Attorney:
All criminal
defendants have the
right to an attorney
throughout legal
proceedings. The
court will appoint
an attorney for the
defendant at no
charge if they
cannot afford to
hire one.
Right to A Jury
Trial:
All criminal
defendants have the
right to a speedy,
public jury trial.
At the trial, the
defendant is
presumed innocent,
and cannot be
convicted unless all
impartial jurors are
convinced of the
defendant’s guilt
beyond a reasonable
doubt.
Right to Confront
Witnesses:
All criminal
defendants have the
right to confront
and cross-examine
all witnesses
testifying against
them.
Right against Self -
Incrimination:
All criminal
defendants have the
right to remain
silent and not
incriminate
themselves, and the
right to testify on
their own behalf.
Right to Produce
Evidence:
All criminal
defendants have the
right to present
evidence and to have
the court issue a
subpoena to bring
into court all
witnesses and
evidence favorable
to them, at no cost
to them.
Legal Fees:
The initial fee for
a particular
criminal defense
case is based upon
the type of case,
the complexity and
seriousness of the
matter, as well as
an estimate of the
time and resources
that will be
involved.
Accountancy:
-
Accounts
Payable
-
General
Accounting
-
Accounts
Receivable
-
Information
Security
Audit
and
Assistance
-
Ancillary
transaction
processing
-
Insurance
Claims
processing
-
Asset
Accounting
-
Income
Tax
Compliance
-
Bank
Reconciliation
-
Income
tax
preparation
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