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Florida Supreme Court Upholds Controversial Drug Law

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A controversial Florida drug possession law placing the burden of proof on defendants was recently upheld – despite the fact that 48 other states disagree.

In most criminal cases, the burden of proof is on the prosecutor. Not so when it comes to cases involving a controversial 2002 drug possession law.

Upheld by the Florida Supreme Court, the recent Florida v. Adkins decision holds that defendants must prove that they did not know they were carrying an illicit substance. It’s a ruling that flies in the face of the laws of 48 other states that place the onus on the state, say drug arrest and criminal defense attorneys in Gainesville.

The 5-2 decision comes just a year after an Orlando-based federal judge ruled the entire Florida law unconstitutional under the due process clause. Calling the law “draconian and unreasonable,” the judge noted that it’s a blatant departure from the concept that defendants are innocent until proven guilty. It also goes against the concept of “men's rea,” which states that to be convicted on a criminal charge, a person must have a criminal or wrongful purpose to commit a crime.

Prosecutors still must prove that a suspect knew that the drug in question was in their possession. So, if you are charged with possessing a controlled substance that you held unintentionally – which is not at all uncommon – you may be able to establish the affirmative defense available under the law.

Because federal district court rulings are not binding in Florida, a comprehensive ruling still awaits review by the U.S. Supreme Court. In any case, if you are arrested or charged with drug possession, you need an experienced drug arrest attorney. Criminal defense lawyers with the Law Offices of Edwards & Jones Criminal Defense can help. Contact us at (352) 329-3632 or via our online Quick Form.

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  • Acquitted at Trial Felony Battery

    Felony

    Case Style: State of Florida vs. K.S.J.
    Case No. 01-2020-CF-3566-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): Felony Battery – F.S. 784.03; Acquitted at trial of all charges

  • Acquitted at Trial Battery on a Person over 65 years of age

    Felony

    Case Style: State of Florida vs. M. J. F.
    Case No. 21-2022-CF-0044-A
    Court: Gilchrist County – Eighth Judicial Circuit

    Charges (including disposition of the case): Battery on a Person over 65 years of age – F.S. 784.08; Acquitted of all charges

  • Acquitted at Trial Trafficking in Methamphetamine

    Felony

    Case Style: State of Florida vs. C.R.B.
    Case No. DI-2021-CF-152-A
    Court: Suwannee County – Third Judicial Circuit

    Charges (including disposition of the case): Trafficking in Methamphetamine – F.S. 893.135(1)(F), Manufacturing Methamphetamine – F.S.893.13; Acquitted at trial of all charges

  • Acquitted at Trial DUI

    Criminal Traffic

    Case Style: State of Florida vs. C.E.L.
    Case No. 01-2022-CT-1419-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): DUI – F.S. 316.193; Acquitted at trial of all charges

  • Acquitted at Trial Robbery

    Felony

    Case Style: State of Florida vs. E.C.G.
    Case No. 01-2022-CF-47-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): Robbery – F.S. 812.13(1)(c); Acquitted of Robbery, convicted of lesser included offense of theft.

  • Sentenced Probation Possession Of Weapon By Conv. Felon
    Felony

    Case Style: State of Florida vs. I.P.
    Case No.: 2019-CF-0011
    Court: Lafayette County - Third Judicial Circuit

    Charges: Possession Of Weapon By Conv Felon - F.S. 790.23 - State Waived Mandatory Minimum Prison Sentence. Client Sentenced to Probation

  • Acquitted at Trial Possession of Cocaine
    Felony

    Case Style: State of Florida vs. J. J.
    Case No.: 2018-CF-3236
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession Of Cocaine - F.S. 893.13(6)(A) 01 - Acquitted at Trial

  • Withhold Of Guilt and Probation Lewd And Lascivious Battery On A Person Under 16
    Felony

    Case Style: State of Florida vs. T.P.
    Case No.: 2019-CF-0720
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Lewd And Lascivious Battery On A Person Under 16. Entered A Plea To Agg Assault W/ Intent To Commit Felony - F.S. 784.021(1)(B)- Withhold Of Guilt and Probation.

  • Charges Dismissed Burglary With Assault Or Battery
    Felony

    Case Style: State of Florida vs. P.R.
    Case No.: 2018-CF-3236
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Burglary With Assault Or Battery - F.S. 810.02(2)(A)- No Information. Charges Dismissed

  • Charges Reduced To Misdemeanor Battery
    Misdemeanor

    Case Style: State of Florida vs. F.S.
    Case No.: 2019-MM-0047
    Court: Gilchrist County - Eighth Judicial Circuit

    Charges: Battery - F.S. 784.03- Charges Reduced To Misdemeanor

  • Escape Charge Dismissed DUI & Escape
    Misdemeanor

    Case Style: State of Florida vs. K.S.
    Case No.: 2019-CT-0423
    Court: Alachua County - Eighth Judicial Circuit

    Charges: DUI & ESCAPE - F.S. 316.193(1) 04 - Escape Charge Dismissed

  • Charges Dismissed Homicide
    Felony

    Case Style: State of Florida vs. D.F.
    Case No.: 2018-CF-2799
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Homicide - F.S. 782.04(1)(A)(1) - No Information. Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. K.S.
    Case No.: 01-2018-CF-0917-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(4)(b) - No Information, Charges Dismissed

  • Charges Dismissed Domestic Battery by Strangulation
    Felony

    Case Style: State of Florida vs. T.Y.
    Case No.: 63-2018-CF-0035-A
    Court: Union County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Domestic Battery by Strangulation - F.S. 784.041 - No Information, Charges Dismissed, Aggravated Battery - F.S. 784.045(1)(a)(1) - No Information, Charges Dismissed

  • Charges Dismissed Attempted Murder First Degree Premeditated

    Felony

    Case Style: State of Florida vs. C.F.
    Case No.: 01-2018-CF-2192-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Attempted Murder First Degree Premeditated - F.S. 782.04(1)(a) - No Information, Charges Dismissed, Battery: Touch or Strike - F.S. 784.03(1)(a) - No Information, Charges Dismissed, Cruelty Toward Child: Abuse Without Great Bodily Harm - F.S. 827.03(2)(c) - No Information, Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. D.B.
    Case No.: 42-2018-CF-3375-A
    Court: Marion County - Fifth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(4)(b) - No Information, Charges Dismissed

  • Charges Dismissed Lewd or Lascivious Molestation
    Felony

    Case Style: State of Florida vs. S. W.
    Case No.: 01-2018-CF-1591-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Lewd or Lascivious Molestation - F.S. 800.04 - No Information, Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. W. R.
    Case No.: 42-2018-CF-4809-A
    Court: Marion County - Fifth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(8)(b) - No Information, Charges Dismissed

  • Charges Dismissed Domestic Battery
    Misdemeanor

    Case Style: State of Florida vs. R.G.
    Case No.: 01-2018-MM-664
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Domestic Battery - F.S 741.28 - No Information, Charges Dismissed

  • Charges Dismissed Assault
    Felony

    Case Style: State of Florida vs. T. H.
    Case No.: 2018-0618-CF
    Court: Putnam County - Seventh Judicial Circuit

    Charges (including the disposition of the case): Armed Trespassing - F.S 810.08(c), Assault - F.S 784.011 - No Information, Charges Dismissed

  • Charges Dismissed Grand Theft
    Felony

    Case Style: State of Florida vs. H.K.
    Case No.: 01-2017-CF-3318
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Grand Theft -F.S. 812.014(c), Nolle Prosequi, Charges Dismissed

  • Charges Dismissed First Degree Murder While Armed
    Felony

    Case Style: State of Florida vs. M.T.
    Case No.: 2015-426-CF-B
    Court: Taylor County - Third Judicial Circuit

    Charges (including the disposition of the case): First Degree Murder While Armed F.S.- 782.04(1)(a), Battery By Detainee F.S. 784.03 - Nolle Prosequi, Charges Dismissed

  • Charges Dismissed Battery on a Person over the 65 Years old
    Felony

    Case Style: State of Florida v S.S.
    Case No.: 2017-6661-CF
    Court: Columbia County - Third Judicial Circuit

    Charges: Battery on a Person over the 65 Years old F.S. 784.08(2)(c) - No Information, Charges Dismissed

  • Charges dropped Possession of Cocaine
    Felony

    Case Style: State of Florida v N.L.
    Case No: 2017-CF-544-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession of Cocaine - F.S. 893.13(6)(a), Possession of Narcotic Paraphernalia - F.S. 893.145 - Reduced to Misdemeanor Court, Entered into Pre-Trial Diversion and charges dropped.

  • Charges Dismissed Robbery
    Felony

    Case Style: State of Florida v R.B.
    Case No.: 2017-CF-165-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Robbery: 812.13(2)(c) - No Information, Charges Dismissed

  • Acquitted at Trial Robbery: Sexual Battery By a Person in Familial or Custodial Authority
    Felony

    Case Style: State of Florida v W.P.
    Case No.: 2016-CF-570
    Court: Marion County - Fifth Judicial Circuit

    Charges: Robbery: Sexual Battery By a Person in Familial or Custodial Authority - F.S. 794.011(8)(b) - Acquitted at Trial

  • Pre Trial Intervention Possession of Cocaine
    Felony

    Case Style: State of Florida vs. C.J.
    Case No.: 2019-CF-0140
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession of Cocaine - F.S. 812.131(2)(B)- Pre Trial Intervention

  • Hung Jury at Trial – Mistrial Conspiracy to Commit Robbery with Firearm
    Jury Trial - Felony

    Case Style: State of Florida vs. C. C.
    Case No.: 01-2011-CF-1198-B
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Robbery with Firearm – F.S. 812.13(2)(A); Conspiracy to Commit Robbery with Firearm – F.S. 812.13(2)(A); Hung Jury at Trial – Mistrial.

  • Acquitted at trial Aggravated Battery on Pregnant victim

    Jury Trial - Felony

    Case Style: State of Florida vs. J. H.
    Case No.: 01-2010-CF-2255-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Aggravated Battery on Pregnant victim – F.S. 784.045(1)(B) – Acquitted at trial

  • Acquitted at Trial of all charges Three counts of Domestic Battery
    Jury Trial - Misdemeanor

    Case Style: State of Florida vs. A. R.
    Case No.: 01-2009-MM-6725-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Three counts of Domestic Battery – F.S. 784.03(1a1); Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Trafficking in Methamphetamine

    Jury Trial - Felony

    Case Style: State of Florida vs. K. H.
    Case No.: 01-2008-CF-1725-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Trafficking in Methamphetamine – F.S. 893.135(1)(F); Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Battery
    Jury Trial - Misdemeanor

    Case Style: State of Florida vs. W. W.
    Case No.: 01-2007-MM-9791-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Battery – F.S. 784.03; Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Sexual Battery of Child
    Jury Trial - Felony

    Case Style: State of Florida vs. D. R.
    Case No.: 38-2007-CF-744-A
    Court: Levy County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Lewd or Lascivious Molestation of Child > 12 – F.S. 800.04(5b); Sexual Battery of Child > 12 by Custodian – F.S. 794.011(8b) – Acquitted at Trial of all charges.

  • Charges Dismissed Petit Theft
    Misdemeanor

    Case Style: State of Florida vs. C.L
    Case No.: 2019-MM-1908
    Court: Marion County - Fifth Judicial Circuit

    Charges: PETIT THEFT - F.S. 812.014 - Deferred Prosecution Agreement. Charges Dismissed.