Bob Zoss Law OfficeBob Zoss Law Office2024-03-13T19:38:58Zhttps://www.zosslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503948/2020/04/cropped-favicon-32x32.pngOn Behalf of Bob Zoss Law Office, LLChttps://www.zosslaw.com/?p=505582024-03-07T19:18:54Z2024-03-07T19:18:54ZPreserving rights
When a person stays silent during police questioning, they are not admitting guilt. They are just making sure they do not say anything that others could use against them. The Fifth Amendment of the United States Constitution says that a person does not have to be a witness against himself or herself.
Avoiding confusion
During police questioning, people may misunderstand statements or take them out of context. This leads to confusion and wrongful accusations. Silence prevents such misinterpretations, ensuring that only deliberate and carefully considered responses occur.
Preventing pressure
In a high-pressure environment, police questioning can be extremely stressful. Sometimes, officers might try to pressure a person into saying things they do not want to say. Staying quiet gives individuals a break from that stress and lets them think things through carefully before answering.
Protecting vulnerable people
Some people, like minors or those who do not speak English well, may struggle more and feel more vulnerable when speaking during police questioning. Silence serves as a shield, ensuring these individuals do not incriminate themselves.
In a world where people feel the need to never stop talking, silence can seem odd at first. However, by understanding the power of this choice, individuals can focus on the future and get ready to handle whatever comes next.]]>On Behalf of Bob Zoss Law Office, LLChttps://www.zosslaw.com/?p=505592024-02-20T14:29:40Z2024-02-20T14:29:40Z
They work day and night
They are cost-effective
They work rain or shine
They can lead to catching crimes
Now, you might be wondering why the police would use this tool and whether it invades people's privacy. It is certainly a good question—and something that both local government and law enforcement continually discuss.
Safer communities
However, law enforcement is using this tool to keep our communities safe. When an LPR reads a license plate, the AI checks it against a list of plates linked to people who might be in trouble with the law. For example, someone who stole a car or a person with an active warrant for their arrest.
This tool has enormous potential to help law enforcement locate stolen vehicles, missing persons and even prevent criminal activity.
What about privacy?
The use of the data that LPRs gather by the police is subject to laws in Indiana. For example, there is a time limit for how long the police can keep the data gathered by these gadgets.
Data has to be deleted after a certain period of time unless it is being used in an active investigation.
Purposes of LPRs
It is critical to understand that these technological advances are not being implemented as a way of going after the average person.
These devices help law enforcement protect the community even more by adding AI-powered technology to their toolboxes.
While change can be scary and artificial intelligence has certainly caused concern on many fronts, using devices manufactured to help law enforcement protect people and their property can positively impact and even save lives.
If you have questions about the use of these tools and how they may affect your rights to privacy, contact our firm.
Let's talk about artificial intelligence and your legal rights. We are always here to answer your questions.]]>On Behalf of Bob Zoss Law Office, LLChttps://www.zosslaw.com/?p=505612024-01-08T20:03:27Z2024-01-08T20:03:27ZUnderstand your filing status
Determine whether you qualify as single or head of household. If you have dependents and are covering more than half of the household expenses, you may qualify for the head of household status, which offers certain tax advantages.
Update your W-4 withholding
Adjust your W-4 withholding to ensure your employer withholds the right amount of taxes from your paycheck. After a divorce, your financial situation may change, affecting your tax liability. Completing a new W-4 form with accurate information prevents surprises come tax season.
Claim dependents
If you have children, learn the rules for claiming dependents. Generally, the custodial parent is eligible to claim dependent-related tax benefits. However, if both parents agree, the noncustodial parent may claim certain credits. Ensure clear communication to avoid conflicts.
Distinguish between alimony and child support
Alimony and child support are not the same and they have different tax implications. Alimony is taxable income for the recipient and tax-deductible for the payer. In contrast, child support does not affect taxes. A new Indiana law will increase the amount of child support most people receive by 14% to 17% in 2024.
Capitalize on tax deductions
Explore available tax deductions to maximize your refund. Deductible expenses may include mortgage interest, property taxes and certain medical expenses. Keep meticulous records and gather documentation to support your deductions, ensuring compliance with tax regulations.
Review retirement accounts
After a divorce, reassess your retirement accounts. Update beneficiaries and understand the tax implications of withdrawals. If the court awards you a portion of your ex-spouse's retirement assets, follow the necessary procedures to avoid penalties.
Understanding your tax obligations empowers you to navigate this aspect of post-divorce life with confidence.]]>On Behalf of Bob Zoss Law Office, LLChttps://www.zosslaw.com/?p=477822023-12-27T14:50:08Z2023-12-27T14:50:08ZPossession as a misdemeanor
Per Indiana law, a person who knowingly possesses marijuana, hash oil, hashish, or salvia or cultivates cannabis commits a Class B misdemeanor offense. It’s also a Class B misdemeanor to know that a person is growing marijuana on their premises and fail to destroy or report said plants.
A conviction for this offense carries up to 180 days of jail time and $1,000 in fines.
If a person commits any of the above and has a prior conviction for any drug offense, the crime becomes a Class A misdemeanor instead. If the person possesses cannabis, hash oil, hashish or salvia packaged in a way that claims the product is low-THC hemp extract, the possession offense is also a Class A misdemeanor.
A Class A misdemeanor conviction leads to up to 365 days in jail and $5,000 in fines.
Possession as a felony
Possession of cannabis becomes a Level 6 felony if the following apply:
The person has a prior drug offense conviction
The person possesses either:
At least 30 grams of cannabis; or
At least five grams of hash oil, hashish or salvia
A conviction for a Level 6 felony leads to up to two and a half years of prison. In addition, a court can order the convicted to pay as much as $10,000 in fines.
Indiana maintains its strict prohibition of marijuana. Anyone who possesses the substance can face criminal charges. Although the offense only becomes a felony if the person carries a certain amount of cannabis and has a prior conviction, anyone accused should underestimate these charges at their peril.
Whether it’s a misdemeanor or a felony offense, consider working with a legal professional if you face charges.]]>On Behalf of Bob Zoss Law Office, LLChttps://www.zosslaw.com/?p=477812023-12-19T20:30:09Z2023-12-19T20:30:09ZDefining abandonment
Marital abandonment occurs when one spouse leaves the marital home and refuses to return. This can be a significant factor in the decision to pursue a divorce. However, it is necessary to note that abandonment alone may not be the sole grounds for divorce. Indiana recognizes both fault and no-fault grounds, and abandonment may fall under the category of fault-based grounds.
Fault-based grounds
State law allows divorce based on fault grounds, and abandonment is one of them. If a spouse has willfully deserted the marriage for a continuous period of at least one year, it may serve as grounds for divorce. In such cases, the abandoned spouse can file for divorce based on the fault of the departing partner.
No-fault grounds
In addition to fault-based grounds, the state also recognizes no-fault grounds for divorce. Couples can seek a divorce without proving fault by citing an irretrievable breakdown of the marriage. In these cases, neither party is specifically blamed for the marriage's failure, and the focus is on the irreparable breakdown of the relationship.
Proving marital abandonment
To establish marital abandonment as grounds for divorce, the abandoned spouse must provide evidence of the spouse's intentional departure and a continuous absence for the required period. This evidence can include witness testimony, documentation of the departure or other relevant proof that supports the claim of abandonment.
Considerations and consequences
While abandonment can be grounds for divorce, it is important to consider the implications and potential consequences. Divorce proceedings involve various factors such as property division, child custody and support. Understanding the specific grounds for divorce is necessary for navigating these considerations.
Although the most recent U.S. census noted a nearly 11 percent decline in the Indiana divorce rate over 10 years, that does not reduce the challenges faced by people going through this difficult experience. Because of its nuances, a divorce based on marital abandonment requires careful navigation to reach an agreeable resolution.]]>On Behalf of Bob Zoss Law Office, LLChttps://www.zosslaw.com/?p=477802023-12-12T17:46:43Z2023-12-12T17:46:43ZTip 1. Maintain a stable environment
Children thrive when their lives are predictable. Strive to stay consistent with daily routines. Keep their environments and daily schedules as stable as possible so they feel a persistent sense of security and support.
Tip 2. Encourage open communication
Create a safe space for children to express feelings and concerns. Speak directly with them about the changes in their lives, and answer questions honestly using age-appropriate language.
Tip 3. Emphasize neutrality
Avoid speaking negatively about the other parent. Maintain a neutral stance and keep conflicts separate. This approach helps prevent offspring from feeling caught in the middle and allows them to maintain positive relationships with both adult figures.
Tip 4. Establish consistent rules
Work with the other parent to establish rules and expectations. Presenting a united front provides balance and clarity, in turn reducing confusion and anxiety. Such regularity across households aids kids in adjusting to changes.
Tip 5. Facilitate quality time with both parents
Encourage having a robust relationship with the other caretaker in your children's lives, keeping in mind that the role of fathers is often underestimated. A male figure's involvement can have a hugely positive impact. Consider that youth with actively engaged dads are 33% less likely to repeat a grade.
Helping children get through a custody dispute requires a proactive and supportive approach. With effort, your sons and daughters will be more likely to grow into well-adjusted adults.]]>On Behalf of Bob Zoss Law Office, LLChttps://www.zosslaw.com/?p=477792023-11-29T16:35:59Z2023-11-29T16:35:59ZIndiana's self-defense law
Indiana law states that you have the right to defend yourself or another person from what you reasonably believe to be an imminent threat of force. This law applies to your home (known as the “castle doctrine”), your workplace, and any place where you have a legal right to be. However, the law also states that you must not have provoked or instigated the incident.
Reasonable force
The key to whether you might face jail time for a self-defense killing lies in the concept of reasonable force. You must only use the amount of force that you reasonably believe is necessary to protect yourself or someone else. If the force used is excessive or unreasonable in the situation, you could face criminal charges.
No duty to retreat
Indiana is a “stand your ground” state, meaning you do not have a duty to retreat before using force in self-defense. However, this does not give you free rein to use lethal force in any situation. The force must still be reasonable and necessary.
If you have used lethal force in self-defense, the specifics of the situation will determine whether you might face jail time. Remember, understanding and abiding by the laws of self-defense can significantly impact the outcome of such a serious situation.]]>On Behalf of Bob Zoss Law Office, LLChttps://www.zosslaw.com/?p=477782023-11-22T01:31:03Z2023-11-22T01:31:03ZPrivacy
With the Holmes-Rahe Stress Inventory ranking divorce as the second most stressful life event, your breakup is an understandably emotional experience. While it may be tempting to share what you are going through on social media, consider the potential impact on your privacy. Broadcasting personal details about your spouse and the divorce proceedings might inadvertently invite unwanted opinions and scrutiny.
Children and family dynamics
If you have children, the repercussions of discussing a spouse online can extend beyond you and your soon-to-be ex. Kids may stumble upon posts or comments, causing unnecessary distress. Moreover, airing grievances in a public forum can strain relationships with extended family members, creating an atmosphere of tension and discomfort.
Legal considerations
In certain circumstances, public statements are admissible against you in legal proceedings, potentially affecting the outcome of your divorce settlement or child custody arrangements. Before sharing your feelings on social media, consider whether the emotional release is worth negatively impacting your legal case.
Discreet support
None of this is to say that you should not seek support during your divorce. Rather than incurring the risks inherent in airing your feelings publicly, turn to close friends, family or professional counselors for the comfort and guidance you need.
When you are going through a divorce, keeping your experiences and feelings about the end of your marriage off social media is the smartest approach for protecting yourself and others.]]>On Behalf of Bob Zoss Law Office, LLChttps://www.zosslaw.com/?p=477772023-11-15T19:51:28Z2023-11-15T19:51:28ZCreate a detailed schedule
Planning is key to successful holiday coparenting. Collaborate to create a detailed schedule that outlines when the children will spend time with each parent. This proactive approach minimizes confusion and sets clear expectations.
Remain open to compromise
Staying flexible makes it easier to coparent effectively this time of year. Unexpected events or changes may arise. Find solutions that work for both parents to prioritize your child's well-being.
Communicate clearly and respectively
Calmly and clearly discuss plans, expectations and changes in schedule well in advance. Use respectful and neutral language to avoid misunderstandings with your coparent.
Focus on your child's needs
Consider your child's preferences such as favorite traditions when planning activities and celebrations. This step fosters a sense of security and happiness during this special time of the year.
Share responsibilities and costs
Collaboration extends beyond scheduling. The average American spends nearly $900 during the holiday season. Ensure fairness and reduce possible conflicts by working together to budget for gifts, organize events and contribute to special activities.
Establish new traditions
When parents have shared custody, they may each want to start new traditions in their new homes. Think about unique ways kids can enjoy the holiday with each parent. This creates a sense of belonging and happy memories in both households.
Consider seeking mediation to resolve issues amicably if you and your coparent cannot agree. A neutral third party can help you negotiate solutions that serve your child's best interests.]]>On Behalf of Bob Zoss Law Office, LLChttps://www.zosslaw.com/?p=477732023-10-21T18:17:12Z2023-10-21T18:17:12Z1. Social isolation
The first challenge many individuals face when going through a gray divorce is social isolation. Over the years, couples build mutual friendships and networks. However, when the marriage dissolves, some of these connections may fade away, leaving a feeling of loneliness. This isolation can be emotionally draining, especially for those who have relied on their spouse as their primary source of companionship.
2. Healthcare and insurance
Gray divorcing couples must also grapple with the complexities of healthcare and insurance. In many cases, one spouse may have been the primary policyholder for both partners. After a divorce, the non-policyholder may face difficulties obtaining affordable health coverage. The potential loss of this essential safety net can add significant stress to an already challenging situation.
3. Retirement and financial security
One of the most pressing challenges in gray divorce is ensuring financial security in retirement. Splitting assets, pensions and other financial resources becomes more complicated as couples age. The need to rebuild individual financial portfolios can be a daunting task, with repercussions on the quality of life during the golden years.
In 2021, divorce accounted for 27% of the nearly 1.4 million baby boomers who experienced the end of a marriage. By addressing the extra challenges associated with it proactively, individuals going through a gray divorce can work toward a more secure and fulfilling future.]]>