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Full-service team of attorneys representing clients in Massachusetts, and Rhode Island: Fall River, Taunton, New Bedford, Providence, Worcester, Boston, Plymouth, and all other cities.
At the Botelho Law Group we have several attorneys, with different specializations; to help your case’s individual needs. When choosing a lawyer or law firm, one size does not fit all, for this reason, we employ several attorneys and legal professionals who are equipped to handle any situation that may arise. Many legal issues that arise for our clients have overlapping issues in different areas of law. Therefore, our multi discipline approach to the practice of law, yields such good results for our clients. Many legal matters require the employment of several different areas of law, in order to obtain the desired result. Many divorce cases for instance, also require the need for an attorney experienced in real estate law and/or bankruptcy law. Estate Planning clients, and in addition to wanting to form a Trust and have a Last Will and Testament drafted, with other estate planning documents, will certainly require the need of an experienced real estate attorney and possibly a business law attorney; if the formation of a Limited Liability Company or a Corporation are required as part of the Estate Planning. In Immigration Law, if a foreigner wanting to immigrate to the United States, as an Entrepreneur, that client would also require the assistance of an experienced business lawyer attorney, to properly form the company and assure that all USCIS requirements are carefully adhered to. At the Botelho Law Group – Law offices in Fall River MA, it’s this type of multi-disciplined approach to the practice of law that allows us to best represent our clients and all their legal needs. Contact us today for a free consultation.
“The attorneys at Botelho Law group are experienced and professional. Mr. Botelho was phenomenal. The rates were reasonable and the service was top notch. Joe and his staff never made me feel uncomfortable if I had any questions big or small. This is an outstanding, results-oriented team. Look no further if you need experienced lawyers in Fall River MA. Joseph and his team deliver what they promise and fight for you and your rights. I would highly and confidently recommend Botelho Law Group to anyone in need of legal services. Extremely professional group. Quick response time to all your questions, fantastic results. At Botelho Law Group, you are treated as an individual, not a number. Joseph Botelho is the lawyer you need to solve your problems. Highly recommend him. One of the best Bristol county attorney!”
At the Botelho Law Group we have a diverse staff which is experienced in several different specialization areas of law, to handle any of your legal needs.
We are here to fight for your rights and to represent you in a manner that obtains the best possible outcome for our clients.
Our Practice Specialties
Estate Law- Planning, Wills & Trusts
Nobody enjoys thinking about their eventual demise, but proper planning is a gift you can give to your heirs that will reduce their stress during their period of mourning. Having a will ensures that your property will pass to your intended beneficiaries, but it will require an expensive and tedious court process called probate that makes a public record of your property. That’s why it’s become popular to create a revocable living trust that can pass your property to its intended recipients privately without the need for probate.
In addition to ensuring that your property is distributed as you intend, modern estate planning also plans for your possible incapacity by appointing individuals to handle your financial matters and your health care decisions should you become incapacitated and unable to make decisions on your own. Having this plan in place avoids the necessity of contentious and expensive guardianship proceedings. You can even have a plan in place to guide your caregivers about what type of medical interventions you prefer if you’re terminally ill.
If you’re concerned about the cost of long term care, a Medicaid trust must be created well in advance and can help you avoid losing your property if you need to go to a nursing home. It’s also possible to create trusts to benefit beneficiaries with special needs and heirs that are financially irresponsible.
Bankruptcy - Chapters 7 & 13
If you’re falling behind on your mortgage and foreclosure is looming or your car you need to get to work every day is in danger of being repossessed, it might be time to consider filing for bankruptcy. Filing for bankruptcy will impact your credit rating for many years to come, whether it’s successful or not. That’s why it’s important to work with an experienced Massachusetts and Rhode Island bankruptcy attorney that can help you choose the right type of bankruptcy for your financial situation and ensure that your bankruptcy is properly filed in a timely manner with all the appropriate documentation.
There are two main types of bankruptcy: Chapter 7 and Chapter 13. Chapter 7 is the most popular type of bankruptcy because it completely wipes out most of your debt, but you must have minimal assets and income in order to qualify. If you qualify, the court will order some of your assets sold to partially pay your debts, and the rest of your qualifying debts will be discharged. It will allow you to keep certain exempt property such as your car, your household goods and some of the equity in your home. Chapter 13 will discharge your qualifying debt, but only after you’ve successfully repaid all or part of your debts through a court-ordered plan. It allows you to keep all of your assets as long as you keep up with your payments. Child support, alimony, student loans and some types of tax debt cannot be discharged through bankruptcy.
Personal Injury - Accidents, Malpractice, Dog Bites
If you’ve been injured by the negligence, recklessness or intentional act of another person, you’re entitled to make a claim for money damages as compensation for your economic and non economic losses. Economic losses include such things as out of pocket medical expenses, rehabilitative care, accommodations, lost earnings and lost future earning capacity. Non economic damages can be collected for subjective claims of pain, suffering and mental anguish, backed up by doctor’s reports that show how much treatment was needed for your injury.
Personal injury cases include the following types of accidents and incidents:
- Motor Vehicles Accidents
- Slip and Fall Accidents
- Medical Malpractice
- Product Liability
- Dog Bites
In order to prove that somebody’s wrongdoing caused your injuries, it’s best to seek medical treatment immediately after the accident and to preserve evidence of how it happened. Call 911 immediately after an accident to summon the police and an ambulance. While you’re waiting for them to arrive, take photos of the accident that show what happened, both wide shots that establish the location and closeups of things like license plates, signage that shows ownership and identification from involved parties. It’s important to contact an experienced Rhode Island and Massachusetts personal injury attorney as soon as possible before deadlines are blown or evidence is destroyed.
Immigration Law - Green Cards, Citizenship & Visas
There are many ways for people outside the United States to come to the United States to work, get an education or to begin a path to citizenship. To ensure the success of your immigration plans, it’s important to choose a visa you’re qualified for, properly prepare it and submit it in a timely manner with all the necessary supporting documents. This is easier said than done – that’s why it’s important to work with an experienced Massachusetts and Rhode Island Immigration attorney that knows how to do it right.
There are many different types of non-immigrant work visas, but they all require a firm offer of employment in the United States. For example, “E” visas can be used for managers, executives, specialists and supervisors of companies investing in or trading with the United States. “H” visas are for highly qualified professionals with unique skills, “I” visas are for journalists and members of the media and “O” visas, known as “Einstein visas” are for people with extraordinary skills and abilities. Student visas for study in a university or college or for an exchange program are another type of non-immigrant visa. Immigrant visas allow you to permanently stay in the United States on a path towards citizenship with a “Green Card” that allows you to work. There are three categories of immigrant visas: employment-based, family-based and the “Diversity Visa Program” lottery.
Family Law - Divorce, Child Custody & Support
If you’re contemplating divorce, it’s important to get legal advice from an experienced Massachusetts and Rhode Island family law attorney as soon as possible. Many divorces can be resolved amicably through negotiation or mediation, but the process must start with an understanding of your legal rights under the circumstances.
Massachusetts and Rhode Island are both equitable distribution states, which means that the assets of the marriage are divided in a manner that’s fair, not by a strict formula. Separate property such as business brought into the marriage or an inheritance is retained by the spouse that owns it, with some exceptions. Marital property is assets that have been acquired during the marriage, including real estate, vehicles and bank accounts.
If there are minor children of the marriage, there must be an arrangement for where the children live and how their expenses are paid. In some cases one parent will pay child support to the other parent to cover these expenses. Joint custody, where both parents work together to make decisions is the most common arrangement, sometimes children spend equal time at two households. Permanent alimony is rarely ordered. Stay at home parents that have taken time off from their careers should only expect to collect alimony for the time it takes to reestablish their careers.
Business Law - Planning, Protection, Liability & Legal Matters
If you’re a business owner, it’s important to have a relationship with a business lawyer you can trust. Whether you’re seeking advice about forming a new business entity or are involved in a legal dispute, an experienced Rhode Island and Massachusetts business lawyer can assist you. We represent all types of businesses, large and small including:
- Emerging Companies
- Professional Services Businesses
- Established Companies
- Non Profits
- Social Media Companies
- Retail and
- Other Types of Businesses
We can serve as your full time general counsel or you can hire us to handle a specific issue such as forming a business or resolving a dispute.
Choosing the right type of entity for your business is one of the most important decisions you can make, and it’s even more important that the structure is properly created and the proper papers are filed in a timely manner. Many businesses disputes can be nipped in the bud with negotiation and mediation, avoiding costly litigation, so it’s important to contact a business attorney before the situation escalates. If your company is looking to grow by acquiring smaller companies, we can help you prepare all the necessary paperwork and handle the negotiations. You can also count on us to handle mergers and to represent you when another company would like to acquire your business.
Land Lord & Tenant Law - Eviction
Whether you’re a tenant that’s been served with an eviction notice or a landlord that’s having trouble with a non-paying or overstaying tenant, it’s important to hire an experienced Rhode Island and Massachusetts landlord tenant lawyer to guide you through the minefield. Landlords can be faced with heavy fines for improper evictions and tenants are at risk of losing their home, so getting the help you need is well crucial.
It is illegal for a landlord to remove occupants or tenants and/or their belongings from a rented house, apartment or room without obtaining a court order. To evict a tenant, landlords must file for a “summary process” eviction and obtain a court order to evict called an “execution.” Once the execution order is obtained, the occupants and their belongings can be removed by a constable or sheriff, but not by the landlord himself.
If you’re a tenant, and your landlord has sent you a “Notice to Quit” or a “Summary Process Summons and Complaint” you don’t need to panic. The notice must tell you the reason for the eviction and give you ample time to correct the problem. If the problem is non-payment you will be given time to cure the problem by paying the rent you owe or negotiating a repayment plan with your landlord.
Criminal Law - Misdemeanors, Felonies, Infractions
If you’ve been charged with a crime, you’re facing large fines, having a criminal record that impacts employment and time in jail. Prosecutors work aggressively to secure convictions, so it’s important to hire an experienced Massachusetts and Rhode Island criminal attorney to represent you. We’ll go the extra mile starting with attempting to have the charges against you reduced or dismissed. If it’s not possible to get the charges dismissed, we’ll negotiate with prosecutors along with investigating everything about your cases including interviewing witnesses and the scene of the alleged crime. We’ll try to legally exclude evidence to weaken the prosecutors case, making them less likely to want to go to trial.
If you’ve been accused of any of the following crimes, you could be facing penalties that will upend your life:
- Driving Under The Influence (DUI);
- Domestic Violence, including spouse abuse, child abuse and elder abuse;
- Drug charges including possession and sales;
- Sex Crimes;
- Rape/Statutory Rape;
- White Collar Crimes such as money laundering and fraud and
- Violent crimes such as assault, battery and bullying.
Even if you think the evidence against is scant, you’ve been wrongly accused or the crime was committed by somebody else, it’s important to have top-notch representation when you’re charged with a crime.
Social Security Disability Insurance: SSDI - SSI
Social security is an entitlement program that provides income to senior citizens to assist with funding retirement and to assist people that are disabled and unable to work. There are two types of social security that can be collected by younger people that are so severely disabled that they cannot earn a living. SSI is a means-tested program available to disabled people with very limited income, assets and family resources. SSD is available for people that had worked consistently prior to becoming disabled, earning their coverage through their contributions to the social security system.
The process of applying for both SSI and SSDI is complicated and stringent with the intention of preventing fraud, so improperly prepared applications or those lacking proper supporting documents will be denied. That’s why it’s important to hire an inexperienced Massachusetts and Rhode Island social security attorney to handle your claim. In order to succeed with a claim for SSD, you must show evidence of the severity of your disability, how it prevents you from working and that you have a sufficient work history to qualify. For SSI you must show proof of your lack of financial resources and your disability. In either case the disability must be long term, lasting for at least a year. Hiring a social security attorney ensures that your application is properly drafted, includes the necessary supporting documents and is filed in a timely manner.