DAVID OLSON BLOG


Monthly Archives: January 2016


JAN. 7 2016
Understanding Your Miranda Rights
Understanding Your Miranda Rights
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The terms Miranda, Miranda Rights and Marandized originate from one of the most important United States Supreme Court cases ever decided, Miranda v. Arizona. Because of the results of Miranda, suspects in custody must be advised of their right against self-incrimination. As well, amongst other things, Miranda also ensures the individual’s right to legal counsel during questioning.

 

Miranda v. Arizona – Basic Facts

 

On March 18, 1963, Ernesto Miranda was arrested at his home on rape charges. He was taken to a Phoenix police station and interrogated by police.

 

  • At no point prior

[socialWarfare]
JAN. 7 2016
Distracted Driving and Texting While Driving
Distracted Driving and Texting While Driving
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Distracted driving is a significant problem in Florida and throughout the country. Every year, distracted driving – which includes texting while driving – causes hundreds of thousands of car crashes and injuries – and thousands of deaths.

 

Distracted Driving Statistics are Compelling

 

According to data provided by Distraction.gov, the official government website, distracted driving statistics are shocking:

 

  • 3,154 deaths
  • 424,000 injuries
  • Drivers who engage in visual or manual behaviors such as reaching for a phone are 3 times more likely to get into a crash than drivers who do not
  • 27% of distracted driving fatalities

[socialWarfare]
JAN. 7 2016
Excessive Use of Force
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Excessive Use of Force by Law Enforcement

 

During the past year numerous examples of excessive force by police have been captured on video for everyone to see. The public has seen violence, shootings, death and the unconstrained use of force by police, including the following:

 

  • On July 17, 2014, in Staten Island, New York, 44 year old African American Eric Garner, father of six and grandfather of three, died from a police choke hold after being detained for allegedly selling unlicensed cigarettes. His last words, gasped over and over 11 times, were “I can’t breathe, I can’t breathe.”

[socialWarfare]
JAN. 7 2016
Twenty Five Potential Consequences Resulting from a Criminal Conviction
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There are many potential consequences resulting from a criminal conviction. Twenty-five are listed below:

  1. Once you are arrested, your fingerprints and photographs are now on permanent record at the Florida Dept. of Law Enforcement and the FBI.
  2. Once you have an arrest record it is available to the public.
  3. After an arrest, you may not be able to seal your criminal record, although in some cases you might. This is dependent on your charge, the ultimate disposition of your case, as well as your previous criminal background and history.
  4. The FBI never expunges or seals arrest records.
  5. If you were

[socialWarfare]
JAN. 4 2016
The Principle of Reasonable Doubt and the Presumption of Innocence
The Principle of Reasonable Doubt and the Presumption of Innocence
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One of the most important legal principles of the criminal justice system in the United States is known as the “presumption of innocence.” This means that every defendant – every individual who is arrested and charged with a criminal offense – is presumed innocent until and unless proven guilty in a court of law.

 

Whether a case is tried in state or federal court, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. The duty is upon the prosecution to prove the defendant’s guilt, not upon the accused to prove his or her innocence.

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