Tampa law firm John Musca Law applies all defenses available for clients accused of drug crimes

Tampa, FL The Florida Supreme Court recently upheld the state‘s drug possession law, which sends people to prison on drug possession charges without first proving the person knew what they were carrying was illegal. In a divided ruling, Justice Charles Canady wrote for the majority: “There is no constitutional right to possess contraband, nor is there a protected right to be ignorant of the nature of the property in one‘s possession.” In a dissenting opinion, Justice James E.C. Perry wrote, “In my view, [the majority decision] shatters bedrock constitutional principles and builds on a foundation of flawed ´common sense.” Justice Perry worried that citizens “…will be forced to prove they are innocent while the state can argue that mere possession proves they are guilty.” The decision makes Florida only one of two states in the nation, along with Washington, that does not require the state to prove criminal intent to convict someone of drug charges.

Palm Beach County State Attorney Peter Antonacci applauded the ruling. Had the ruling gone the other way, Antonacci’s office would have been forced to review all the cases of people awaiting trial on charges of drug possession, producing, according to Antonacci, “a substantial mess.” Because one-third of all people charged with felonies in Palm Beach County are accused of violating the law, appeals for release would have clogged the courts. Nellie King, past president of the Florida Association of Criminal Defense Lawyers, decried the decision as an opportunity for the “unbridled arrest of innocent citizens for their mere proximity to narcotics—no knowledge of the illicit nature of the substance required.”

The majority claimed that the law is constitutional because it gives people the right to tell a jury that they did not know the pills a friend put in their glove box or backpack was illegal. Perry argued that innocent people still must go through the expense of a trial and will be forced to prove they are innocent. The state, on the other hand, can argue that mere possession proves guilt.

The law makes it clear that citizens charged with possession of drugs are well advised to choose a law firm with the experience, knowledge, and strategic skills to protect their rights both inside and outside of court. The Musca Law firm has more than 100 years of collective experience in criminal defense and is proficient and aggressive in every aspect of drug crimes defense. The Musca Law criminal defense team has nine offices throughout Florida, including the local Tampa office located at 330 South Falkenburg Road. For a free and confidential initial consultation call 813.362.5623, or fill out the online contact form on the firm‘s website at http://www.tampacriminalattorney.com.

About Musca Law : The attorneys at Musca Law have successfully defended the rights of hundreds of people accused of drug crimes throughout Florida. The firm handles all types of criminal defense cases, including juvenile crimes, DUI, sex crimes, and probation violations. The attorneys provide effective representation at every stage after arrest, including pretrial hearings and negotiations. Musca Law is located at 330 South Falkenburg Road, Tampa, FL 33619, with additional offices around the State of Florida. To contact Musca Law, call 813.864.9498 or toll free 800.687.2252. Visit them on the web at http://www.tampacriminalattorney.com.

Press Release Contact :
Company : Musca Law
John Musca
330 South Falkenburg Road
Tampa, FL 33619
Tel No.: 813.864.9498
Toll Free No.: 800.687.2252
Fax No: (866) 687-2288
[email protected]
http://www.tampacriminalattorney.com/
Office Timings: 24/7/365