An OrangeCountyjudge ruled on July 27 that Florida’s Drug Abuse Prevention and Control law is unconstitutional. If you’re fighting a Florida drug charge, contact yourFlorida criminal defense attorney.
The Wall Street Journal reports that Judge Mary Scriven found that the law was “atavistic and repugnant to the common law.” Her ruling came in the case of Mackle Vincent Shelton who was convicted on a cocaine offense and sentenced to 18 years in prison.
The Drug Abuse Prevention and Control Law removed the intent requirement, which means the accused could be convicted of a cocaine offense even if they didn’t know they were selling cocaine. The law allows defendants to be held guilty of a drug offense if they deliver a controlled substance, no matter if they’re aware of doing so.
According to Judge Scriven’s ruling,Floridais the only state to remove the “guilty mind” requirement in their drug laws. Many other groups, including the National Association of Criminal Defense Lawyers and the American Civil Liberties Union, have filed briefs against the law as well.
Judge Scriven threw out the charges againstSheltonand ordered a new hearing for sentencing different charges. The state may appeal the decision, which sheds new light on pending and future cases of drug trafficking convictions.
As a service to our clients we often publish articles on local news events that are relevant to criminal defense cases. We do this to provide information on the benefits of having an experiencedMiamicriminal defense attorney on your side when you are facing criminal charges.
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Floridacriminal defense cases are taken very seriously. Don’t leave your future solely in the hands of the court. The Miamicriminal defense attorneys at Falk & Ross Law Firm know the importance of a solid defense in your case and we will fight for your rights every step of the way. Contact us today – 1-877-663-5110.