Starting a Business in Massachusetts

If you are thinking of starting a business in Massachusetts there are a few simple steps you should take to protect yourself and your company.  First and foremost, decide on the proper business entity to start your business. Massachusetts has a few options which include, but are not limited to, the sole proprietorship, limited liability company, partnership, and full-blow corporation. Even if you think you have a "simple" business (you are the only employee and you work out of your house), choosing the proper business entity could protect you from liability.

Employees add another level of consideration when choosing a business form. Through the doctrine of respondeat superior, an employer is liable for the actions of their employees (with limited exceptions). Additionally, employers can even be held liable for actions of independent contractors in certain situations.

The type of business entity you select will have tax consequences.  Many times it is most advantageous to plan the form of your business around tax considerations. You can greatly reduce your tax burden by selecting the proper business form.

Other considerations when starting a business in Massachusetts are whether you are required to have any permits or licenses and how you can get a bank loan to get your business jump started.  Massachusetts has many different permits and licenses that certain businesses are required to hold.  Keeping your permits and licenses up-to-date should be a part of any business' long-term plan.  Additionally, many banks are willing to provide loans to start-ups if they present themselves correctly.  Part of your presentation to a bank or other investors should include a sound legal platform.

Here is a great link to resources that the Commonwealth has put together for start-ups in Massachusetts.

If you have any questions about starting a business in Massachusetts, do not hesitate to contact an attorney at Bohnet and Romani, P.A. www.Bohnet-Romani.com

Nothing in this blog constitutes legal or tax advice. Do not rely on any representations made in this blog before consulting a qualified attorney.

By: Attorney Geoffrey Farrington

VALOR Act Helps Massachusetts Veterans Who Are Accused of Crimes

Veterans of our nation's armed services may be eligible for a special program designed to help them through the court system should they find themselves accused of committing a crime.  The law is called "An Act Relative to Veterans' Access, Livelihood, Opportunity, and Resources," also known as the VALOR Act. The purpose of the Valor Act is to provide veterans, who have been honorably discharged from any branch of the United States Armed Forces, with an evaluation given by the United States Department of Veterans Affairs or the Massachusetts Department of Veterans Services, to see if they are eligible to go into a diversion program, instead of going into the traditional justice system.  The act actually provides for many more benefits to veterans than just the criminal diversion program.

The diversion program provides veterans with a chance rehabilitate and improve their mental health by being placed into a program that is specialized to their needs.  Each participant will has an individualized treatment plan, in which they must follow exactly, to stay in the program. The participants  regularly meet with their case manager to be evaluated on their progress. The participants must adhere to all of the conditions of the Veterans Court Diversion Program, to remain in the program. The Valor Act provides a second chance for veterans who have had no prior convictions or trouble with the law (with the exception of traffic violations), so that they will be able to better function in society. Upon completion of this program or community service, the criminal case will be dismissed and the veterans’ record will remain clean.

This is a great program for those veterans who qualify, although not all veterans are eligible for the program and each case must be examined before the diversion program can be made an option.  The main theory behind the program is that veterans, who have become emotionally/mentally scarred as a result of service in the military, should be treated differently when they are accused of a crime.

There are time limits for trying to get into the diversion program after arrest.  Currently, there is only one special Veteran's Treatment Court in Norfolk County, but more courts are planned to open throughout Massachusetts.  However, a Veteran's Treatment Court in a specific county is not necessary to take advantage of the program.

Please feel free to contact one of the attorneys at Bohnet & Romani, P.A. if you should have any questions about this special program for veterans. (413) 283-6455 www.Bohnet-Romani.com

This article was prepared with the assistance of Amanda Scungio.

Probate of Estates in Massachusetts

The probate of an estate occurs when someone dies and their assets are distributed according to a will or according to certain default laws if the person dies without a will (called intestate).  The other purpose of probate is to make sure all creditors claims against the deceased person are properly resolved.  Additionally, the probate case gives others the possibility to petition the court to distribute all or part of the estate to them if they can prove certain elements under the law.

Recently a new series of laws went into effect in Massachusetts called the Uniform Probate Code.  These laws drastically updated and overhauled the States existing probate laws. Here is a link to the Trail Courts' website with some great information about probating an estate and other helpful information. Since the laws are relatively new to Massachusetts, courts have not rendered decisions interpreting many important aspect of the new Probate Code.

Protecting a loved ones estate is an important goal for many and it is a fiduciary responsibility for some. Making sure the deceased last wishes are carried out properly is the responsibility of the person in charge of the estate.  Alternatively, sometimes what appears to be a legitimate will or gift may not be legally binding.  There are also ways to plan an estate so that it does not need to go through probate court. If you have any questions regarding wills or the probate of an estate in Massachusetts, contact of the attorneys at Bohnet & Romani, P.A. www.Bohnet-Romani.com.

The Use of Drug-Sniffing Dogs During Traffic Stops

The United States Supreme Court handed down an opinion yesterday that gives more power to the dogs--police drug-sniffing dogs that is.  The case is entitled Florida v. Harris.  The Court ruled that when a police dog shows signs that they have picked up an odor for drugs, officers may search a vehicle.  Even without any other indication of criminal activity, other than the dog's sniff, police may search a vehicle for drugs. The Court's unanimous decision reduces a person's reasonable expectation of privacy in their motor vehicle.

The case revolved a drug-sniffing police dog named Aldo from Florida.  When officers stopped a vehicle for a traffic violation they had Aldo sniff around the perimeter of the vehicle for the odor of drugs.  When Aldo indicated that he had smelled something suspicious in the driver's side door, officers searched the vehicle to discover drug making equipment. The Court ruled that other courts must use a common-sense approach to see if the use of a drug-sniffing dog is reasonable.  Most relevant, is to see if the dog has been trained to do what the police use it for. This, of course, does not take into account how well the dog performed during its training or if it continues to have regular training. Also, what if an officer ques the dog to make a false indication?  The Court did not reach the question in its opinion.

Here is a link to the opinion.

The above summary is only the tip of the iceberg when it comes to search and seizure law.  There are many more areas for a lawyer to examine when challenging the sufficiency of a traffic stop or a motor vehicle search.  Massachusetts law allows more liberty, as compared to the U.S. Constitution or other states, when it comes to a person's reasonable expectation of privacy.  Nonetheless, Floria v. Harris is now legal precedent.

www.Bohnet-Romani.com

Palmer Casino Public Forum

Mohegan Sun casino has scheduled a public forum to be held in Palmer, Massachusetts in order to discuss various aspects of the proposed casino and address public concerns.  The public forum will be held on March 4, 2013 at 7 p.m. The location of the meeting has yet to be determined.  The Republican newspaper recently ran a story about the meeting.

For those of you interested in Massachusetts gaming laws, check out this page from the Massachusetts Trial Court Library.

From property rights to increased traffic, there many areas were citizens have concerns about a casino coming to Palmer.  The upcoming public forum may address some of your concerns.  If you feel your legal rights may be affected by a casino coming to Palmer, Massachusetts, do not hesitate to contact one of the lawyers at Bohnet & Romani, P.A.  Since we are a law office in Palmer, Massachusetts, we have a distinctive perspective on the casino issue. (413) 283-6455 www.Bohnet-Romani.com

Is it time to get divorced?

Other than the two people in the marriage, no one else can decide whether it is time to get a divorce.  If you do make the decision to get a divorce there are numerous laws and rules that must be followed in order to proceed legally and to protect your rights.  The Massachusetts Law Library website has some great resources here.  The website has some information for people who are interested in researching divorce-related topics in Massachusetts.

Even no-fault divorce is not a simple legal task.  If you have any questions about getting a divorce, do not hesitate to contact one of the family law lawyers at Bohnet & Romani, P.A. (413) 283-6455. www.Bohnet-Romani.com.

New Child Support website

The Child Support Enforcement Unit of the Massachusetts Department of Revenue launched a new website recently.  Here is a description of the changes made and how it may assist those in need of their services.

Child support is a often a sensitive issue for many families.  A common misconception about child support is that it only ever starts after a divorce is finalized.  An experienced family law lawyer can help to demystify this complicated area of law.

If you have any questions about child support, whether it be paying or receiving payments, please feel free to contact one of the attorneys at Bohnet & Romani, P.A. (413) 283-6455.