TAMPA- Recent ruling by a federal judge has Tampa Bay Defense Lawyers asking judges to free hundreds of people from their drug charges according to Tampabay.com.
According to U.S. District Judge Mary Scriven, Florida law violates the U.S. Constitution by allowing people to be convicted of drug possession even if they did not intend to posses drugs.
For example, someone could be charged with drug possession if they unknowingly deliver a package of drugs. Or a student whose friend secretly stows drugs in his/her backpack could be charged if found by police.
Because the judge found the law unconstitutional on its face, “it’s as if it doesn’t exist,” Public Defender Bob Dillinger said.
Many lawyers are filing the motion asking that their drug defendants be released, reduce bonds and/or drop charges.
The controversy? Certain judges and prosecutors are adamant that Scriven’s ruling holds no weight in state courts- at least not yet.
The state has already filed a notice that it will appeal Scriven’s ruling.
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