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Extradition

Extradition by Arcelio Hernandez, Esq. Extradition is a special process, involving international law, including treaties and conventions, and local administrative, process, penal and a special extradition law. An experienced lawyer can really make a difference in a successful representation. In general terms, extradition is the formal process by which an individual is delivered from the country where he is located, the requested country, to the requesting country, in order to face criminal prosecution, or if already convicted, to serve a sentence. The participants in extradition are therefore the two countries and the individual who is the subject of the proceedings. The individual being requested for extradition has fundamental rights that must be respected and guaranteed, under our judicial system. Attorney Arcelio Hernandez has represented several important extradition cases. In most cases, he has been able to knock off charges and currently he is defending persons requested by the United States government where a final decision is pending. Cases involve financial crimes and well as international parental kidnapping cases. Our firm has developed a reputation as an advocate of father’s rights, and has fought to defend the visitation rights of fathers unjustly separated from their offspring. But the firm has also represented many women where the man is the one who neglects his responsibilities, so there is a desire to maintain a just balance in matters involving gender issues. One client, Michael W. Lewis whose name was made public in the news, was requested by the United States after bringing his daughters to Costa Rica. Out of a total of 15 counts, attorney Arcelio Hernandez fought to bring down the number of charges for which extradation was granted, and in the end only two counts of international parental kindnapping were authorized for extradition, which under the Treaty of Extradition between Costa Rican and the United States, means that he could only be tried for those two counts, not the other counts involving inter-state financial crimes. He is just one example of the ample experience attorney Arcelio Hernandez has representing clients in the extradition process. Here are links to some news stories involving extradition cases handled by attorney Arcelio Hernandez Mussio:   http://www‌.amcostari‌ca.com/111212.htm http://www‌.amcostari‌ca.com/090902.htm (This one is very important! I was able to knock off 13 out of 15 charges). http://wfn‌ode01.naci‌on.com/201‌0-05-09/Su‌cesos/Nota‌Principal/‌Sucesos2363784.aspx http://www‌.amcostari‌ca.com/200‌8072201.htm   Important News Article Court cuts counts in abduction case By the A.M. Costa Rica staff  Michael Louis is a U.S. citizen detained in Moravia in north San José because...

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Divorce – Child Visitation

PERSERVERANCE; A KEY FACTOR FOR FATHERS IN CHILD VISITATION CASES By Arcelio Hernández Mussio, Esq. Many people have had to go through the very painful and anguishing process of a separation or divorce. When there are children involved, and where there is passionate conflict, similar scenarios arise in many cases. Costa Rica’s law on child support and alimony stipulates a duty of support between the spouses, as well as between parents and their children, among others. When there is resentment on either side, many times we face a typical situation, very damaging to the lives of children, and very traumatic for the parents. The process of “dehumanizing” is always very damaging, and when a person feels that the only reason they are important to somebody else is because of money, not love or human relationships, there can be terrible psychological and emotional consequences. I have seen many cases where a mother uses child visitation as a negotiating tool against a father, who in many cases has a financial advantage over the mother, that is, has more control over money in the household than does the mother. This happens in traditional family models, where the woman is the housewife and the man is the bread earner; however, it can also occur in cases where both parents work. In my experience, both as a court translator and as a family lawyer, when a couple has a bad break-up, the mother, sometimes ill-advised by a greedy and unethical attorney, takes the kids and throws the father out of the house, usually through a court order based on false domestic violence claims, or the father may leave voluntarily, since he figures the children will need a roof over their heads regardless of what happens with his marriage. Immediately, the man finds himself at an economical and emotional disadvantage: he is left without a place to live, he faces a lawsuit for child support and alimony, plus he is sometimes denied the right to see his children, many times as a way of exerting pressure to reach a settlement in the amount to be paid for child support, and in the distribution of marital assets. This forces the father to go to court in order to start a lawsuit for visitation rights against the mother. If all this sound like I am portraying the father as a victim of the system, this is exactly the case, as my personal and professional...

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Wedding in Costa Rica – Legal Tips

The legal documents required for a wedding in Costa Rica are the following: Bride & Groom Full name, place and date of the birth, age, citizenship, profession, passport number and photocopy, current address, marital status, name of parents and their nationality. The birth certificate & the civil status must be authenticated by the Costa Rican Consulate. In case that one or both are divorced or widow, please include name of previous couple and in case of divorce, indicate place and date of the event. Legal Witnesses Two witnesses are required with the following information: Complete name, Marital status, Profession, Citizenship, Passport number, Current address. Costa Rican law mandates that witnesses be acquainted with the bride and groom. Let us recommend the perfect location for your wedding, and make arrangements for the ceremony, including Live Music, Floral Arrangements, Audio & Visual Services, and Transportation....

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Creating a Company in Costa Rica

ARTICLE - General Information on Incorporating a Company in Costa Rica.  Explanation of the standard text contained in the deed of incorporation for the two most widely used companies in Costa Rica: the Sociedad Anónima (S.A.) and the Sociedad de Responsabilidad Limitada, and their main differences. I. Sociedad Anónima: The "Sociedad Anónima" is similar to a stock corporation. It is established by granting an incorporation writ that usually includes the following points: 1. Incorporators. It establishes the persons that are forming the corporation. Full name, personal identification number (passport number, in case of foreign citizens), marital status, title, domicile, and exact address shall be included. A foreign company can appear as one of the incorporators. 2. Name. Establishes the name that the company will have. Also specifying other terminology or logos that the company may use in letterhead, publications, etc. Terms in foreign languages are not generally accepted. However, if one of the incorporators has a name in other language, this name could be used, by attaching two letters at the end: “S. A.” which means “Sociedad Anónima”. 3. Objective. Establishes the activity that the company will have. Usually very broad, covering most of eventual fields of its intended activity. If you do not to have special requirements, we shall supply the text. 4. Term. It establishes the planed duration of the company in number of years. It can also be extended at any time. Commonly this term is 99 years. 5. Domicile. Where the company has its headquarters. It has to be a precise address, usually in San José , but it can also be able to perform activities in all of Costa Rica , and abroad. 6. Capital. Establishes the company’s capital stock. Indicating the total amount subscribed and paid in capital, how it is divided and paid, number and type of shares. In cases of capital subscribed in cash (as opposed to capital subscribed in kind), it has to be deposited initially in an escrow account at a local bank. If it is done through a Certificate of Deposit, this deposit in escrow is not required. 7. Shares. The shares, or certificates of shares, have to be registered, indicating the name of the owner. 8. Inventories and Balances. These are made at the close of every fiscal year (September the 30th). Costa Rica follows generally accepted accounting practices. 9. Meetings. The Shareholders should hold an annual ordinary meeting within three months following the end of the fiscal...

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Buying Real Estate in Costa Rica

Costa Rica has a central Registry which records all real estate titles in the country. Most properties are under a system called Folio Real, which is basically a number assiged to each property, which begins with a number which refers to the Province in which the property is located, and followed by a six-digit number, and then followed by a three-digit number, which refers to the number of property owners in a given real estate property. This system is centralized at the offices of the Public Registry in San José. Before buying land, a title search in Folio Real should be performed. Such a title search will show all data on the property, including area, ownership, boundaries, location, mortgages and other liens. Our firm can help you perform due diligence, so that your investment is safe. A few properties have not yet been incorporated to the "Folio Real" system. These properties are still registered in special books kept in the Public Register and may also be accurately title searched in the Public Registry. When considering buying land, the first question to be asked is if you are being offered ownership rights (“derecho de propiedad”) or possession rights (“derechos de posesión”). In the case of possesion rights, you would be dealing with land that has not been registered, cannot be title-searched and must go through a long process in order to be registered. Ownership rights, on the other hand, are registered and are equal to the concept of land ownership in the United States or Canada. Another situation one may encounter regarding land, especially in in relation to beaches, is the concession. In this case, the government gives a private party the right to use the land for a specific period of time. In general terms, the concession may be considered similar to a lease. The concessions registration system is different than the one for regular land, and has particular requirements regarding zoning, terms, and occupation. Contact us for more information about buying real estate in Costa Rica. Email: lawyer@crtitle.com...

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