Monday, November 21, 2011

Florida State Appeals Court Rejects Ruling on Drug Law

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the 3rd District Court of Appeal ruling on Florida's Drug Laws.


Florida’s Drug Abuse Prevention and Control law was amended in 2002 by State lawmakers to remove the requirement of “guilty knowledge” or in legal terms, “mens rea.”

U.S. District Judge Mark Scriven of Orlando issued a ruling on July 27, 2011 that said the State drug law as amended was unconstitutional as it violates due process because the burden of proof is removed from the prosecution.

On Wednesday, November 16, 2011 Miami-Dade’s 3rd District Court of Appeal rejected Judge Scriven’s ruling.

Why This Matters To You:

The decision by the 3rd District Court of Appeal reaffirms the constitutionality of Florida’s drug laws used by prosecutors and law enforcement officers.  The ruling upholds the current laws on the books that removes the burden of authorities to have to prove that the accused had “knowledge” of the illicit nature of the drugs, and/or having to prove that the person knew they were in possession of said drugs.

With Florida’s current Drug Law upheld it is more important than ever to seek legal counsel if you have been charged with drug possession including Possession of Marijuana, Possession of Cocaine, or any other drug charge.

What To Do Next:

If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending Drug Charges offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).