DAVID OLSON BLOG


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JAN. 17 2019
Juvenile Attorney West Palm Beach | Resisting Arrest
Juvenile Attorney West Palm Beach | Resisting Arrest

Resisting arrest is a common charge given to those who refuse the orders of police officers. This law can sometimes be misinterpreted, so here are the basics according to Florida Law.

The Law

 

The crime of Resisting an Officer with Violence imposes heightened penalties on civilians who violently resist officers carrying out their public duties and is vigorously prosecuted by the State of Florida. Importantly, unlike the crime of Resisting an Officer Without Violence, it is not a defense that an officer’s arrest was subsequently determined to be unlawful. Under Florida Statute 843.01, the crime of Resisting Officer with …

DEC. 20 2018
Drug Defense Attorney West Palm Beach | Reckless Driving
Drug Defense Attorney West Palm Beach | Reckless Driving

Reckless driving laws in Florida differ slightly from laws in other stares. Here are the basics surrounding how the law views reckless driving in Florida.

 

The Law

 

Florida has its own version of reckless driving.  Florida Statute 316.192 states, “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”  Reckless driving is a criminal offense that can lead to jail, even prison in some cases, depending on whether it’s the first conviction or whether there are injuries or property damage. Careless driving leads to …

DEC. 13 2018
Retail Theft Attorney West Palm Beach | Retail Theft in Florida
Retail Theft Attorney West Palm Beach | Retail Theft in Florida

Retail theft might seem like a minor infraction, but the penalties can be severe under certain conditions. Here are the basic facts surrounding retail theft in Florida.

 

Definition

 

Pursuant to Florida Statute §812.015(1)(d), retail theft means: “the taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value.”

 

Consequences

 

Under Florida Statute §812.014, retail theft can be …

DEC. 6 2018
Retail Theft Attorney West Palm Beach | Looting Laws
Retail Theft Attorney West Palm Beach | Looting Laws

Looting is always a problem after a major natural disaster, and some people suddenly think that the normal laws regarding property and ownership stop applying and that anything that’s available can simply be taken.

 

Charges

 

According to Florida state law, the punishment for a crime classified as criminal mischief depends on the extent of the damage committed. If the total amount of damage is less than $200, the offender will be charged with a second-degree misdemeanor, which is punishable by up to 60 days in jail and a $500 fine. If the total amount of damage is …

NOV. 16 2018
Drug Defense Attorney West Palm Beach | Medical Marijuana Law
Drug Defense Attorney West Palm Beach | Medical Marijuana Law

Many Floridians have questions about new laws regarding medical Marijuana. Here are some of the basics around these new regulations.

New Laws

 

The new law allowing for medical marijuana is the culmination of years of work by activists, but the results of that work are still ongoing. The Department of Health has managed to miss meeting every major deadline so far regarding creating and implementing rules. There have also been other serious delays, including long wait times for cards for patients in the state registry. In order to qualify for the protections of the state medical marijuana program, people …

NOV. 9 2018
Probation Lawyer West Palm Beach | Expunge or Seal a Record
Probation Lawyer West Palm Beach | Expunge or Seal a Record

David Olson Law is here to help you get your life back on the right track. Here is some basic information on sealing or expunging a record.

Sealing and Expunging

 

After a criminal history is sealed, the general public will no longer have access to the record. According to Florida law, only certain government agencies will be able to view sealed information. If a court grants for your record to be expunged, it will be physically destroyed by criminal justice agencies, except the Florida Department of Law Enforcement will retain a copy. That copy is kept confidential …

NOV. 8 2018
West Palm Beach DUI Lawyer | DUI Law
West Palm Beach DUI Lawyer | DUI Law

David Olson Law is committed to providing the best legal services available. DUI charges can be hefty, but we are here to help.

The Law

 

Regardless of where you live within the State of Florida, being convicted of driving under the influence can have serious and sometimes life-altering legal repercussions.  In fact, Florida’s DUI laws are some of the strictest in the country and can dramatically affect someone’s life without the assistance of effective legal counsel.  For example, an allegedly drunk driver may face a DUI-related arrest if a Florida police officer believes that they are too impaired to …

OCT. 17 2018
Criminal Defense Attorney West Palm Beach | Excessive Force
Criminal Defense Attorney West Palm Beach | Excessive Force

Many people who have not had pleasant interactions with the police wonder if they have had excessive force used against them. Here we will clarify the laws behind the use of excessive force.

 

What is Excessive Force?

 

Excessive force refers to situations where government officials legally entitled to use force exceed the minimum amount necessary to diffuse an incident or to protect themselves or others from harm. This can come up in different contexts, such as when handling prisoners or even during military operations. When it involves law enforcement, especially during an arrest, it’s also referred to …

OCT. 10 2018
Criminal Defense Lawyer West Palm Beach | Stand Your Ground
Criminal Defense Lawyer West Palm Beach | Stand Your Ground

The use of stand your ground laws in Florida have been controversial for some time. Here we will go over the basics around this law.

 

What is Stand Your Ground?

 

The enactment of Florida’s “Stand Your Ground” law in 2005 did not create a new type of affirmative defense with regard to the use of deadly force. The principle that a person may use deadly force in self-defense if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm has been the law in Florida for well over a century. …

OCT. 3 2018
Criminal Lawyer West Palm Beach | What is a Hate Crime?
Criminal Lawyer West Palm Beach | What is a Hate Crime?

Hate crime laws have been somewhat controversial since they were put into place. Here we will go over the specifics of what makes a hate crime different from other types of crime. If you are charged, we are here.

 

Hate Crime Classification

 

The key to hate crime classification is the motivation of the person accused of the crime. If the criminal act was motivated simply by the defendant’s prejudice or hatred of the victim because of the victim’s perceived race, religion, ethnicity, or sexual orientation, the criminal act qualifies as a hate crime. Therefore, it is an …