Miami-Dade Judge Tosses Out Drug Cases Because of 'Flawed' Law

August 18, 2011 by David S. Seltzer

Because I am a Miami drug crimes defense attorney, I was interested to see a news item about a judge's decision that could have a major effect on drug cases in south Florida. As the Miami Herald reported, Miami-Dade Circuit Judge Milton Hirsch threw out 39 drug cases on Wednesday because of a federal court ruling against a 2002 change to Florida law. That 2002 change allowed prosecutors to prosecute people for drug possession even if they did not realize they were carrying drugs; federal district judge Mary Scriven ruled three weeks ago that this was "draconian." In response, Hirsch dismissed all 39 drug cases, regardless of whether the defendants claimed they didn't know they were carrying the drugs. The defendants are still in jail because Hirsch suspended the ruling for a week to allow prosecutors to appeal; they say they will.

This could open new defenses for people facing drug charges here in south Florida. If you have been convicted of narcotics charges and you didn't realize you were carrying the drugs, you may also be able to seek release from prison or other relief. To discuss your legal options, call Seltzer Law, P.A. right away at 1-888-THE-DEFENSE (1-888-843-3333) or send us an email.