Comments for Courtroom Strategy by Attorney Oscar Michelen

Comment on Atheist Teen Forces School to Remove Prayer From Wall After 49 Years by Oscar Michelen

Oscar Michelen — Mon, 30 Jan 2012 15:45:30 +0000

As much as this may seem to be about religion, its not. Its about not imposing one specific set of beliefs upon everyone in government buildings or government programs. The children, administrators, teachers can all pray in the privacy of their homes, offices, etc. I wonder how you would feel if the prayer was to Allah or Buddha. Would you still support it?

Comment on Atheist Teen Forces School to Remove Prayer From Wall After 49 Years by winifred

winifred — Sat, 28 Jan 2012 13:44:43 +0000

Jessica needs deliverance…she is a good servant of the devil!!!! God help u Americans, I wounder wat a teenager would do when she looses her life n goes to hell!!! Wat a pity. I pray God forgives U,in Jesus name!

Comment on Freedom Won for Innocent Man but Maybe at the Cost of Truth by Oscar Michelen

Oscar Michelen — Tue, 17 Jan 2012 20:43:57 +0000

Dear Ashley: Emel has protested his innocence from the very beginning and all the way through to his release. His mother and other family members had been writing letters as well, trying to keep his hopes up. Immediately after his conviction all those years ago, Emel set out to prove his innocence. He wrote hundreds if not thousands of letters looking for help after his appeal was denied. He finally contacted a not for profit organization called Centurion Ministeries which helps the wrongfully convicted. They reached out to me but I already had a few such cases on my plate and could not handle Emel’s at the time(probably around the year 2000 or so). Still Emel wrote and fought to prove his innocence, until finally, he re-contacted me directly and I took the case on. Emel plead guilty to possessing a handgun (even though he di dnot have one on teh night of he incident)out of conveniecne and to finally get out. Read the post: The Brooklyn DA’s office offered him the plea deal knowing it would be too sweet a deal to resist and to make sure there was no public hearing about this case which was a travesty of justice. Your brother was murdered but definitely not by Emel McDowell. If you would like to discuss this further contact me at omichelen@cuomollc.com

Comment on New Tip Rules In Effect For NY Restaurants and Hotels! by Oscar Michelen

Oscar Michelen — Tue, 17 Jan 2012 17:45:23 +0000

Every hotel has its own rules but normally you need to be over 21 with a valid credit card to check into a hotel primarily because they don’t want to police underage drinking and 21 is the age limit in most US states. I would check with every hotel before booking.

Comment on New Tip Rules In Effect For NY Restaurants and Hotels! by Oscar Michelen

Oscar Michelen — Tue, 17 Jan 2012 17:40:13 +0000

Dear John: It is unusual that bartenders split tips equally with servers. Do you share in bar tips? You should let your employter know how you feel about the inequality. What your employer has in his estabilshment is a tip pool, which is different from a tip share. “Tip sharing” is when a waiter shares the earned tips with “any employee who participates with the waiter in rendering some personal service to the patron.” New York law specifically permits the sharing of tips by a waiter/server with a buser or “similar” employee. It is commonly understood that tip sharing includes wait staff, bartenders, captains and busing employees. A restaurant owner can compel a waiter to share his/her tips with another “similar” employee. Owners also have the right to require waiters to “tip out” to the rest of the service staff. It does not require an equal share because as discussed below, they do not have the right to force a server to pool his/her tips. Tip pooling is simple: all tip earnings of the service employees are intermingled and then redistributed. A tip pool “must be completely voluntary, initiated by the employees themselves with or without the knowledge of management, and not made part of the terms of hire or conditions of continuing employment.” So your boss cannot force you into a tip pool. Be carefule about how you exercise your rights, however, and document it in writing so that if you are retaliated against for exerting your rights you can protect yourself. These rules only apply if your employment establishment meets the FLSA guidelines. I suggest you contact a lawyer who specializes in plaintiff’s fair labor claims for a free consultation and further information.

Comment on Freedom Won for Innocent Man but Maybe at the Cost of Truth by Oscar Michelen

Oscar Michelen — Tue, 17 Jan 2012 17:23:44 +0000

Leslie – I will reach out to Emel. The post above details some of what we know of the crime and there are many other details we found out in investigating the case that establish Emel’s innocence beyond doubt. I am sorry if this opened old wounds for you and your family. Mr Powell’s murderer is still at large. You can contact me at my law firm through my email omichelen@cuomollc.com if you want to discuss this further.

Comment on New Tip Rules In Effect For NY Restaurants and Hotels! by João Torisco

João Torisco — Mon, 16 Jan 2012 17:38:53 +0000

Dear Sir.
I leave in Brasil and I am a Travel Agente.
I would like to know what are the rules for a check in of minor of age in New York City Hotels.
Somebody told me that minor of 21 y.o are not able to check in there, but I am not sure.
Best regards.
João Torisco

Comment on New Tip Rules In Effect For NY Restaurants and Hotels! by john

john — Mon, 16 Jan 2012 11:44:23 +0000

Dear Sir,
Im a waiter and am unwillingly part of a tip pool. Im sharing my tips equal parts w/ 3 bartenders. They earn double my hrly. wage and do not help me w. my duties. We are told to work all together. My sales are double theres, On average I contribute in 75% of the total tips moneys. In summary, Im working for them. Can I legally Opt out of this pool? I’m willing to tip everyone out at the day, but

Comment on Freedom Won for Innocent Man but Maybe at the Cost of Truth by ashley powell

ashley powell — Sun, 15 Jan 2012 23:52:43 +0000

Dear mr.dowell
The person who was murder name was John Powell not Johnathan Powell.Im am John powell sister Ashley powell. Mcdowell you say that you did commit the murder in you plead guitly because they gave you a deal or no deal.so if u new for 19 years in also from day one that you did not do this why didnt you just keep saying that you did not commit the murder or through the years use internet,write letters,talk to people reach OUT that you did not do the murder or have your family contact some people of your innonects.Im not hear to argue with YOu just tryin find out information about my brother case .im happy that you home, you have a change of life in a second chance in life.Too mad john powell can never have a second chance of life. you say ,you change in are out to help the youth then help john powell seek justice and continue to help other seek justice for people in a sisuation like you BECAUSE THERE IS A LIAR OUT THERE SOMEWERE.

Comment on Freedom Won for Innocent Man but Maybe at the Cost of Truth by leslie manso

leslie manso — Sat, 14 Jan 2012 06:20:52 +0000

I am the sister of the victim we were not notified of any appeals my family just found out last year that you were released.I would like to meet with you