Florida Supreme Court Says Guilty Until Proven Innocent is A-OK When it comes to Drug Offenses
In a completely mind-blowing opinion, the Florida Supreme Court released its opinion in Florida v. Adkins, a challenge which will affect cases of possession of marijuana, possession of cocaine, possession of oxycontin, possession of adderall — indeed, possession of every controlled substance and, in the future, potentially possession of every kind of illegal contraband.
Here’s what’s happened. Over the last ten years or so, Florida Courts have repeatedly emphasized that Florida’s Controlled Substances Act — its law making illegal drugs illegal — must have the element of “knowledge” in order for it to be fair. In other words, if someone is honestly unaware they had an illegal drug in their possession, it is unconstitutional for them to be found guilty of drug possession and sentenced in criminal court.
Hogwash! said the Florida Legislature, and in response to all of these rulings, passed a new amendment to Florida’s Controlled Substances Act that the government shouldn’t have to prove someone had knowledge of drugs found in their possession, rather, there should be a presumption that the person knew of the substance and it is up to them to prove their innocence.
Anytime anyone in government suggests it should be up to an accused to prove their innocence, reasonable people should stop and take note, because that is absolutely not how a wise justice system is run. It has been nearly universally recognized among civilized peoples since literally the Roman Empire that an accused should stand innocent until he or she is proven guilty.
So take note, Florida. When it comes to drugs, you are now guilty until you prove yourself innocent. A good defense can make the difference. Call today for a free consultation 239-334-8890 www.aikenandohalloran.com