Eric J. Dirga, P.A.

A Florida Trial Attorney

Criminal Record Expungements/Sealings, Traffic Defense.

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Florida Drug Offense Case Law

Legal Opinions From The District Courts Of Appeal

Cases Dealing With Drug Offenses; Possession, Sale, Trafficking, etc.

Last Updated: May 27, 2016

Constitutionality of Statute

State v. Adkins, 96 So.3d 412 (Fla. 2012): Florida's Comprehensive Drug Abuse Prevention and Control Act does not punish innocent conduct or violate due process.

McCain v. State, 84 So.3d 1284 (Fla. 1st DCA 2012): Possession with intent to manufacture a controlled substance is not unconstitutional.

Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011): Statute is not unconstitutional nor does it create a strict liability offense. Lack of knowledge is an affirmative defense.

State v. Washington, 114 So.3d 182 (Fla. 3d DCA 2012): Mens rea is not an element of the offense and statute allows it to be raised as an affirmative defense.

Maestras v. State, 76 So.3d 991 (Fla. 4th DCA 2011): This case delves deep into the intent and scienter requirements of the statute.

Carreras v. State, 81 So.3d 590 (Fla. 5th DCA 2012): Florida's possession of a controlled substance law is not unconstitutional.

Double Jeopardy

Florida law prohibits multiple prosecutions for a single offense. Although this sounds like a simple concept there is actually an extensive library of case law on this subject. Here we present those recent and pinnacle cases that deal with Florida drug offenses.

Prescription Defense

Florida has a statutory defense that is absolute regarding drugs. Basically it involves the possession of a valid prescription. This statute and the defense have created a lot of case law on the subject.

Constructive Possession

Constructive possession is a term defined as someone being in possession of an object without having physical possession of the object. This concept has generated a massive amount of case law and we hope to cover as much of it as we can.

Lab Results; Information; Evidence

Most drugs seized in crimes must be actually proven to be the drugs that the state claims they are. The drugs are sent to Labs and the results are considered evidence. The introduction and use of this evidence has created many questions answered by the appellate courts.

Drug Offender Probation

This form of alternative sentence is unique to drug cases. It therefore garners a lot of attention when it is used or not used.

Confidential Informants

What is a drug case without a confidential informant. The use of CIs is very pervasive in this area of law enforcement and due to that many rules have been created on how they are used.

Collateral Consequences

Drug crimes carry with them many collateral consequences - things that occur outside of the direct trial court's jurisdiction. This has been another ripe area of legal review.

Drug Paraphernalia

Drug paraphernalia is a term to define objects commonly found associated with drug use, sale, etc. It is against the law to possess drug paraphernalia. Since the term is broadly defined a lot of case law has been generated about what is and is not drug paraphernalia.

Jury Instructions

Cases involving jury instructions in drug cases.

Corrections/Errors; Questions

The purpose of publishing this information is to help both prosecutors and defense attorneys, and non-lawyers better understand the criminal justice system in Florida. We appreciate any input that may further this goal.

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