ORLANDO, Fla. – A federal judge has struck down a Florida drug law that convicts suspects of a drug offense even if they are unaware that the controlled substance is illegal.
U.S. District Judge Mary Scriven found the 9-year-old law unconstitutional in a decision Wednesday and called for the resentencing of Mackle Shelton, who had faced 18 years in prison.
The ruling could pave the way for drug cases currently in the courts to be thrown out.
"Obviously, we are immediately drafting motions and pursuing this line on behalf of our own clients' (cases) that are pending, but we can't do much retroactively since those cases are closed," said Bob Wesley, public defender for Orange and Osceola counties. "I think it will be a robust line of litigation for all of us who appear in Florida criminal courts."
Tampa attorney James Felman, who won the landmark case, says the Florida legislature went too far.
"What the legislature attempted to do was essentially presume guilt and then let you come in and prove your innocence if you wish to avoid being imprisoned," Felman told MyFoxTampaBay.com.
3 comments:
Well, if I didn't know that the speed limit was 45, you can't give me a ticket. This sure opens up a dog-ate-my-homework defense.
A licensed driver is expected, and required, to know the speed limits. And no one usually goes to jail for speeding.
How arrogant (and Constitutionally STUPID -- or cavalier) of these lawmakers to think (and pass into law) that its okay to throw out one of the greatest tenets of our legal process (INNOCENT until proven guilty). However, for those who don't know, police and prosecutors have been confiscating property and money FOR YEARS, often without a trial and often without even pressing charges. It becomes the responsibility of the citizen to PROVE the money and/or property is "clean", which is difficult. If you get pulled over and the police find a pot in your car, they can, and often do, take your car..."maintaining a vehicle to facilitate drug sales, (like thats the only reason you had a car). Also used to take your boat if you have under-size crabs and your car if you have a prostitute in your car. If you just cashed yopur paycheck and happen to have, say $600 in your pocket, well THAT gets taken too. Then, they get a search warrant for your house and while you are still at the station, the police find $5000 under your mattress. They take that, too. Then YOU have to prove it didn't come from drug dealing, or gun running, or whatever. Since its hard to prove you save cash, the money now goes to help buy the next "paid for with drug confiscations" police car. Innocent until proven guilty went out of style with the government about 30 years ago.
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