BREAKING NEWS: In a monumental ruling, U.S. District Judge Mary Scriven issued an order on July 27, 2011, declaring Florida’s Comprehensive Drug Abuse Prevention and Control Act unconstitutional.
Florida, via its Comprehensive Drug Abuse Prevention and Control Act, was the is the only state that eliminated the intent element or “mens rea” of criminal charges; meaning that to be found guilty of a drug charge the Defendant need not have the actual intent of committing the crime for which he was charged. Judge Scriven noted that the elimination of the intent element was, “[a]tavistic and repugnant to the common law.”
See the My Fox Tampa Bay article on the ruling here.
The ruling calls into question thousands of criminal convictions obtained by the State of Florida since the intent element was removed in 2002. Individuals should contact qualified legal counsel to determine whether any prior drug related criminal convictions can be appealed.
The Trueblood Law Group, P.A. represents clients throughout the State of Florida seeking relief from criminal convictions or charges. We have offices in Fort Lauderdale and Moore Haven, Florida. To contact a lawyer at our firm, call (954) 591-8261 or (863) 946-9160. You may also contact us by e-mail at info@truebloodlawgroup.com or by submitting your contact information here.