As a Small Business Attorney in Boise I often get questions about DBAs in Idaho. If you have a small business or a large business for that matter and you operate your business with an assumed name you are required to file a DBA with the Secretary of State's office. You must do this before you start operating your small business.
You must also decide what legal status your business will be. Many small business owners choose to run their businesses as an LLC (limited liability company). You can also choose to operate your small business as a sole proprietorship, partnership, a LLP (limited liability partnership), limited partnership, a corporation, an S corporation, a C corporation, a non-profit corporation, a professional services corporation, or a PLLC (professional limited liability company.)
How you choose to register your small business will affect your liability as a small business and your tax consequences.
If you open a small business with employees or your small business has retail sales, you must also register with the Idaho Tax Commission, the Idaho Department of Labor and the Idaho Industrial Commission.
If you need to speak to a small business attorney in Boise call (208) 472-2383 or visit www.lawboiseid.com for more information.
Showing posts with label crimes in Idaho. Show all posts
Showing posts with label crimes in Idaho. Show all posts
Thursday, January 20, 2011
Monday, January 3, 2011
Boise DUI Lawyer Discusses Breathalyzer
As a Boise DUI Lawyer part of my job is to make certain that my clients are not convicted of a crime when their rights have been violated. Part of the evidence that goes into a DUI conviction in Idaho is evidence of a BAC of .08 or greater as measured by a breathalyzer. There are many ways to challenge a breathalyzer reading but today I am going to discuss the defense of burping.
As a Boise DUI Lawyer burping is my favorite defense. I know it sounds silly that you could throw a DUI out in Idaho with the defense of burping. It is true, however. If you burped within 15 minutes of blowing you can challenge the BAC reading on the breathalyzer. It all has to do with the way the breathalyzer works and how it reads the concentration of alcohol in your system.
If you are charged with a DUI in Idaho make certain you tell your Boise DUI Lawyer if you burped before you blew.
For more information about DUI in Idaho or to schedule an appointment with a Boise DUI Lawyer please visit www.lawboiseid.com or call (208) 472-2383 today.
As a Boise DUI Lawyer burping is my favorite defense. I know it sounds silly that you could throw a DUI out in Idaho with the defense of burping. It is true, however. If you burped within 15 minutes of blowing you can challenge the BAC reading on the breathalyzer. It all has to do with the way the breathalyzer works and how it reads the concentration of alcohol in your system.
If you are charged with a DUI in Idaho make certain you tell your Boise DUI Lawyer if you burped before you blew.
For more information about DUI in Idaho or to schedule an appointment with a Boise DUI Lawyer please visit www.lawboiseid.com or call (208) 472-2383 today.
Sunday, November 21, 2010
Idaho Criminal Attorney Discusses Idaho Rape Statute Which Allowed Two Men to Go Free
Rape law in Idaho is governed by Idaho Code 18-6101. That statute, however, was unable to protect a woman who had been tricked into believing that she was having intercourse with her boyfriend.
On July 21, 2010 the victim, who had been drinking to the point of vomiting, was escorted to a bedroom by two men whom she had never met. The woman then proceeded to have intercourse from behind with her boyfriend. At some point later, the woman was approached again from behind and, thinking it was her boyfriend, began to have intercourse with the man. After a few moments she became suspicious and questioned whether the man having sexual relations with her was her boyfriend. She jumped up and turned on the light and discovered that the man was not her boyfriend.
The question is, was the woman raped? The Idaho rape law would protect the woman if she was so drunk that she could not give her consent or that her consent was invalid because she was drunk. The victim, however, never made any allegation that she was too drunk to consent. The victim did in fact consent but she thought she was consenting to her boyfriend.
Is there a rape law that protects against trickery? Yes, Idaho Code 18-6101(7). It says that, "Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with the perpetrator's penis accomplished with a female… where she submits under the belief that the person committing the act is her husband, and the belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief.
This code section, however, could not protect the victim because she did not in fact think that the person she was having intercourse with was her husband, she thought that he was her boyfriend. The two men were not convicted of the crime of rape because of that technicality.
As an Idaho Criminal Attorney I can tell you that the Idaho Rape Statute has this and many other "holes" that allow for innocence based upon a technicality. For example, even though the Idaho Code says, "The essential guilt of rape consists in the outrage to the person and feelings of the female... and any sexual penetration, however slight, is sufficient to complete the crime" (ID Code 18-6103), it truly is not subjective like it purports to be. The Idaho Code defines rape as penetration by a penis. If the guilt of the crime is supposed to be subjective, as 18-6103 says it is, then having an object forced into a woman's vagina, mouth or anus should also be rape, if the victim feels that this violation is rape, but that, sadly, is not the case in Idaho. A woman can only be considered having been raped if a penis is used.
This Idaho Criminal Attorney thinks that these loop holes in the Idaho Rape Statute need to be fixed in order to protect and preserve the dignity of women and to prevent further injustice.
For more information about Idaho Criminal Law visit www.lawboiseid.com or call Kershisnik Law at (208) 472-2383 to speak with Idaho Criminal Attorney Pat Kershisnik about Idaho Criminal Law and crimes in Idaho.
On July 21, 2010 the victim, who had been drinking to the point of vomiting, was escorted to a bedroom by two men whom she had never met. The woman then proceeded to have intercourse from behind with her boyfriend. At some point later, the woman was approached again from behind and, thinking it was her boyfriend, began to have intercourse with the man. After a few moments she became suspicious and questioned whether the man having sexual relations with her was her boyfriend. She jumped up and turned on the light and discovered that the man was not her boyfriend.
The question is, was the woman raped? The Idaho rape law would protect the woman if she was so drunk that she could not give her consent or that her consent was invalid because she was drunk. The victim, however, never made any allegation that she was too drunk to consent. The victim did in fact consent but she thought she was consenting to her boyfriend.
Is there a rape law that protects against trickery? Yes, Idaho Code 18-6101(7). It says that, "Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with the perpetrator's penis accomplished with a female… where she submits under the belief that the person committing the act is her husband, and the belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief.
This code section, however, could not protect the victim because she did not in fact think that the person she was having intercourse with was her husband, she thought that he was her boyfriend. The two men were not convicted of the crime of rape because of that technicality.
As an Idaho Criminal Attorney I can tell you that the Idaho Rape Statute has this and many other "holes" that allow for innocence based upon a technicality. For example, even though the Idaho Code says, "The essential guilt of rape consists in the outrage to the person and feelings of the female... and any sexual penetration, however slight, is sufficient to complete the crime" (ID Code 18-6103), it truly is not subjective like it purports to be. The Idaho Code defines rape as penetration by a penis. If the guilt of the crime is supposed to be subjective, as 18-6103 says it is, then having an object forced into a woman's vagina, mouth or anus should also be rape, if the victim feels that this violation is rape, but that, sadly, is not the case in Idaho. A woman can only be considered having been raped if a penis is used.
This Idaho Criminal Attorney thinks that these loop holes in the Idaho Rape Statute need to be fixed in order to protect and preserve the dignity of women and to prevent further injustice.
For more information about Idaho Criminal Law visit www.lawboiseid.com or call Kershisnik Law at (208) 472-2383 to speak with Idaho Criminal Attorney Pat Kershisnik about Idaho Criminal Law and crimes in Idaho.
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