Wednesday, October 13, 2010

Legal News

Marion County Idiot pleads guilty to shooting five-year-old cousin in the head.
This moron was  trying to twirl a loaded gun in one hand while rolling a marijuana joint with the other.


Dude throws gold in river, then ditches plane to fake death to escape legal problems.


Attorney says murder charges dropped against officer.


Fraud trial of ex-pastor to begin.
The alleged scumbag is accused of bilking thousands of people in scam.


What is the point of jury trial?


Indecency charges against former BMV commissioner being investigated following sting.
Attorney appointed as special prosecutor to investigate the possibility of bringing charges.  The former BMV commissioner is alleged to have exposed himself and propositioned  an undercover agent in a public restroom.


Flight attendant busted trying to smuggle cocaine onto plane.


Man caught cooling his boys busted for indecency.

Tuesday, September 7, 2010

DUI in Indiana | Should You Take the Breath Test?

Indiana Dui Facts: Should You Take A Breath Test?

Author: Gregg Stark


For a DUI attorney, the issue as to whether someone should take a breath test when stopped for suspected DUI is one of the most common questions asked. As with most issues in the area of criminal DUI law, the answers are not always clear cut.

Most criminal DUI courts nationwide in association with departments of motor vehicles have some variations of mandatory license suspensions imposed if it is determined by a criminal DUI court judge that someone suspected of drunk driving has refused to submit to a breath test offered. This breath test and drivers obligation to submit to such a test is often known as "implied consent." Implied consent in simple terms basically is the concept that operating a motor vehicle on state roadways is a privilege and not a right. As a result, even if one were to be found not guilty of drunk driving under a criminal court's DUI laws, depending upon the arresting state, it is still possible to lose one's license for a fixed period of time simply for refusing to submit to such a test.

Unlike a standard of proof of, "beyond a reasonable doubt," that a prosecutor must establish to find one guilty of a DUI offense, in most, if not all DUI law jurisdictions, the proof required to suspend one's license for refusing to submit to a breath test under the doctrine of implied consent is by a "preponderance of evidence." Or in other more realistic terms, the police officer's word versus the word of one suspected of DUI as to whether a breath test was knowingly refused after the suspected drunk driver was advised of his obligation to submit to such a test and the mandatory license suspension that will result if the breath test is not submitted to. It is not uncommon for a police officer to simply read implied consent wording off of an index card in a court of law to meet such a burden of proof.

Question: Don't I have the right to a DUI attorney under State DUI laws before deciding to take a breath test?

No. In most if not all criminal law courts the results of a certified breath test as to whether one is above the state's legal limit for DUI is considered, "non testimonial." This generally means that breath test results are evidence based on what you've done and not what you've said. Since performance of field sobriety test and breath test results for DUI are not based on words said they are not usually considered "testimony" for purposes of a suspected drunk driver's right to have a DUI lawyer present in making the decision as to whether to submit to such a test. As always, it is good practice to consult with an experienced DUI law attorney in your state as to the application of implied consent laws and a drunk driving officer's limitations in acquiring potentially incriminating evidence.

Generally, many DUI law attorneys would agree that often a decision as to whether one should submit to a breath test is based upon what one fears more; criminal law penalty or mandatory license suspension.

If, for example, one prosecuted for DUI has a lengthy criminal history of drunk driving or other criminal crimes, such a person may wish to deprive the state prosecutor of a valuable piece of evidence, namely a breath test result, where one has no alternative but to roll the dice at trial or face lengthy imprisonment potentially longer than a potential license suspension imposed.

However, in the majority of DUI law cases, if a person is facing a first time or sometimes a second time DUI offense, it is often the case that a license suspension imposed up to 10 times longer simply for a breath test refusal is not worth the risk, especially where the suspected drunk driver in consultation with a DUI law attorney is not facing mandatory jail time, and does not believe it is in his or her best interest to go to trial.

Article Source: http://www.articlesbase.com/law-articles/indiana-dui-facts-should-you-take-a-breath-test-1617786.html

About the Author

For a Top Indiana Traffic Ticket Attorney serving Indiana. Stark Law Offices, 201 N. Illinois, Indianapolis, IN (317) 273-8888,450 E. 96th St., Ste. 500 Indianapolis, IN (317) 818-6035, 23 S. 8th St. Noblesville, IN 46060 (317) 774-1700 Indiana DUI.

Indiana Taxes

Indiana State Taxes - 4 Basic Facts Indiana Residents Must Know

Author: Abhishek Agarwal


Read this article to get a lot of information about the state taxes of Indiana. Indiana levies taxes at the rate 3.4 percent of your federal adjusted gross income. You can also asses your income tax separately.



From December 2002, the Indiana state sales tax became six percent.



1. Due Date to File Returns



In Indiana, the due date for filing tax returns is April 15 of every financial year. If the due date comes on a holiday or a weekend, it is shifted to the next working day. During the financial year 2007, the due date was shifted to April 17, a Tuesday.



The taxpayers in Hoosier State also get an extra day to file their taxes. Residents of Indiana can pay their income taxes at the county level as well.



2. Real and Personal Property Taxes



The Department of Local Government Finance administers taxes imposed on personal as well as real property. Usually, tax rates are calculated in dollars for every hundred dollars of assessed value. A number of taxing units, such as schools, townships, cities, libraries, counties, towns, and so on can issue a tax on property. This means that the total rate of taxes is equal to the sum of the rates imposed by all the taxing units in which the property is located.



The Two Percent Circuit Breaker Law was enacted in Indiana in the year 2006. As soon as this law comes into effect, it will ensure that the tax on the value of the properties of house owners would not be higher than two percent. The Circuit Breaker is believed to become compulsory in 2007 for all residential properties in the state. It is believed to include all types of property in 2009.



In accordance with the advalorem property tax for local or state purposes, owners of aircraft have to pay registration fees and aircraft excise taxes.



3. Estate and Inheritance Taxes



A personal representative of an estate should file IH-6, an inheritance tax return, within nine months of the death of a resident of Indiana. In case the heir is a spouse or a charitable institution, there is no need to pay this tax, provided the amount inherited is lower than the exempted amount, ranging from the entire estate to $100 for individual beneficiaries.



4. More about Taxes in Indiana



Qualified taxpayers of Indiana can file their taxes at i-File, a website of the Indiana Department of Revenue, which offers tax filing services free of cost. For extra information on the taxes in Indiana, visit the website of the Indiana Department of Revenue.

Article Source: http://www.articlesbase.com/taxes-articles/indiana-state-taxes-4-basic-facts-indiana-residents-must-know-708577.html

About the Author

Abhishek is a Tax Consultant and he has got some great tips on Filing And Understanding Taxes! Download his FREE 84 Pages Ebook, "Taxes Made Easy!" from his website http://www.taxes-guru.com/777/index.htm. Only limited Free Copies available.

Online Gambling in Indiana

Online Gambling Laws in Indiana - Who is Really Benefiting From Them?

Author: Anand Rajkumar


Online gambling laws in Indiana are quite complicated they require an individual to undertake hours of study to have a thorough understanding of them so as to ensure that they are followed correctly. However, don't be alarmed as there are a couple legal websites which are set up to provide you with the necessary information you may want - the basics of the gambling laws in plain English that anyone can understand. One point that we need to keep in mind though, there are federal laws which are set as a general basis from which all the states create their own laws, like for instance the online gambling laws in Indiana. This article is based on highlighting the advantages of the online gambling laws in Indiana that make them different from other states.



The online gambling laws in Indiana lie firmly in favor of the government. Even though the majority of the online gambling services are provided by private institutions, the rules set up by the government on Indiana leave the Indiana government with a certain degree of control over the entire system. Thus, there would be order, and once the online casinos as well as the online gamblers make themselves aware of the rules and regulations that they need to follow everyone would be able to enjoy the exciting world of online gaming peacefully and more important - legally.



Gambling laws in Indiana concerning internet gambling make it almost impossible for individuals to gamble legally online in Indiana. This is a good thing in the eyes of the government as it of course would reduce the chances of individuals becoming addicted to gambling as if you are gambling online you can participate in this in a much easier fashion than having to go out to a casino to gamble, it can be done at any time day or night and anywhere so a person wouldn't even have to leave their home to gamble and so could secretly develop an addiction. Also it would be beneficial to the government as they would not have to spend money on setting up programs to help these individuals with their addictions. The third advantage of online gambling laws in Indiana would be in favor of the online casino itself. See there are specific procedures and regulations in which these online casinos need to follow in order to establish themselves, operate, even to advertise, therefore those adhere to these specific laws would not be able to operate once they are discovered. The fourth advantage of online gambling laws in Indiana would be to protect online gamblers from online fraud. This simply means that information is made available via websites which educate individuals on the various scams that are occurring at various casinos or which casinos don't pay up when you go to cash out.



All of these supposed benefits however ignore the right to the pursuit of happiness underlined in the constitution and a well policed online gambling establishment could be the key to happiness for dozens of individuals in Illinois who are being denied it. Allowing online gambling would increase income in the state of Illinois which would be beneficial to the businesses all around. The most important part to consider though is that people are going to find ways to get around gambling laws and as such may get taken for all they're worth by immoral online gambling casinos if online gambling weren't outlawed we could protect all these unwary gamblers.



In closing we need to keep in mind that rules are put in place for our protect and they all serve a very important purpose no matter how small it may be, but some rules need to change with the times. Think about this when you vote for your laws.

Article Source: http://www.articlesbase.com/sports-and-fitness-articles/online-gambling-laws-in-indiana-who-is-really-benefiting-from-them-702423.html

About the Author

Sarah Harrigan is a professional casino player and reviewer. For straight talking honest advice on online casinos be sure to visit her website for comprehensive reviews on the most secure online casinos and winning casino strategies.