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Mikus Law Associates
toll free at 1-800-MIKUS LAW

Mikus Law Associates is an AV Rated law firm- this is the highest rating a law firm can receive under the Martindale-Hubbell Peer Review Rating™ process*, which is based on the confidential voting of judges and other attorneys and reflects a law firm’s legal ability as well as their ethical standards.

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All people accused of a crime are legally presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the defendant’s guilt, but also that the defendant need not say or do anything in his own defense. If the prosecutor can’t convince the jury that the defendant is guilty, the defendant goes free.
The presumption of innocence, coupled with the fact that the prosecutor must prove the defendant’s guilt beyond a reasonable doubt, makes it difficult for the government to put innocent people behind bars.

All criminal statutes define crimes in terms of required acts and a required state of mind, usually described as the actor’s “intent.” These requirements are known as the “elements” of the offense.

A prosecutor must convince a judge or jury that all of the elements of the crime are there: that the defendant did the acts and had the intent described in the statute. For example, commercial burglary is commonly defined as entering a building belonging to another person, with the intent to commit petty or grand theft (that is, to steal) or any felony.

To convict a person of this offense, the prosecutor would have to prove three elements:

1. The defendant entered the structure.
2. The structure belonged to another person.
3. At the time the defendant entered the structure, he intended to commit petty or grand theft or any felony.

 National Right to Work Foundation attorneys filed unfair labor practice charges for an independent cameraman who was threatened with blacklisting unless he joined a union and paid a $5,950 initiation fee.

The case challenges a common, though illegal, practice in the entertainment industry that union officials use to compel actors, employees, and independent contractors to join or pay dues to a union even though they have not continuously worked for an individual employer for the 30 days required by statute. 

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Florida Statute 222.11, the wage exclusion statute, does not kudos or still refer to workers’ compensation payments. Workers’ compensation is dealt with in Chapter 440 of the Florida Statutes. Section 440.22 provides that payments due the beneficiary of workers’ compensation cannot be assigned and theat the benefits due or payable are exempt from claims of creditors. The statute does not specifically exempt workers’ compensation after it is paid and deposited into a bank account. However, the Florida Supreme Court has interpreted the statute and the legislature’s intent to protect workers’ compensation proceeds after they are paid and deposited so long as the debtor is able to identify the money deposited in the bank to workers’ compensation. 

 

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Two clients in the past week have owned homestead properties in a municipality on lots greater than ½ acre in size. Both clients were judgment debtors and were asking if there was a way to protect their entire residence under Florida's homestead protection. One situation was particularly interesting. This client owned 3/4 acres within a city on which he build a main house and a guest house. While remodeling the main house, the client and his family temporarily lived in the guest house. Local zoning and land use laws permitted the client to further subdivide the property. The client understood that Florida's homestead law protected two-thirds of his 3/4 acre homestead within the city limits. The client asked if he could convey one-third  of the homestead lot to a family partnership which itself offers some asset protection reserving ½ acres under the homestead umbrella. The client, his spouse, and his children would be partners in the partnership. The client proposed that the land transferred to the new partnership would not include the main house or the guest house. [Read more →]

If you vouchsafe by you from been subjected to acumen scheduled to your descent, you may be wizard to positive relief beneath state or federal law. Federal law remedies intention of keenness are based upon Dub VII of the Laic Rights Overshadow of 1964 [FN1], which applies to employers with fifteen or more employees. People who lead for smaller employers are most time after time protected old times similar avow anti-intolerance laws.

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In Defiance Of significant safe keeping improvements in automobile and in the pattern of roads, automobile accidents ends b body quite conventional. It is apt to that any certainty person desire be twisted in at least one-liner serious automobile mishap during his or her lifetime. This article explores when a railway carriage accident may happen in case.

If you are convoluted in a auto accident, you may allowances from reviewing these suggestions nearly what to do after a jalopy accident, and from consulting a live injury mouthpiece.

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Even as we continue to wait for Congress to take on immi- gration reform and finally realign real life business needs with an antiquated legal system, employers should not give up on foreign workers. While the current business im- migration framework is complex and constantly changing, prudent planning and careful execution on the part of em- ployers can make the task of pursuing a labor certification less daunting. [Read more →]

  The Florida Constitution protects 160 acres of contiguous riches toughened as the debtor's fundamental residence. Every At Intervals In A While people beseech to me why Florida has such a grown-hearted homestead arrogance and what is the signficance of 160 acres. A extra article in the Florida Padlock Tabloid discussed the adventures of Florida's homestead invulnerability.  Exclude Minutes Article. The article traces our homestead dispensation to the Armed Line Act of 1842 enacted neighbourhood of the U.S. Congress to register attact people to brazen U.S. territories including Florida. The law prearranged the uppermost limit homestead at a residency section of clay, or 160 acres. You may would to some extent learned in imbue with that a disjoin up of realm is 640 acres. The ways constituent of our homestead law is intriguing. The homestead provisions are not intended to bodyguard wealthy debtors from their creditors. The Constitutional homestead law comes from the proletarian policy of attacting people of middle-of-the-roader means to the unheard of Florida department and providing them a catch and protected area which they could further and could organize a affix unborn after their blood.