A Jury Must Consider a Criminal Intent to Commit a Crime
When Looking at Drug Charges in the State of Florida
Since 2002, Florida’s Drug Abuse Prevention and Control Law, FLA. STAT. § 893.13, as amended by FLA. STAT. § 893.101 made Florida the only state in the nation to eliminate mens rea when considering a drug offense.
As of July 27, 2011, this portion of the law has been found to be unconstitutional and the jury must once again consider whether or not the person had intent to commit the crime in drug-related cases.
A copy of the finding can be found online at: http://www.nacdl.org/public.nsf/newsissues/amicus_attachments/$FILE/shelton_habeas_order.pd
Mens rea: “As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and willfulness.”
If you have questions about Criminal Law or how this finding may affect your case, call attorney at law, John Pangallo for a consultation at (941) 954-3611.
Sealing and Expunging Records
Is your past following you around and ruining your future?
Do you have a criminal or arrest record that is ruining your chances of employment?
If you answered ”yes” to these questions it might be time to consult a qualified Criminal Law attorney about getting your records sealed or even expunged.
Right now, all the of details of your case can be seen by the public. This means your employer, your family, even your neighbors can see all the details of your case, often for free online by accessing the public records from their home computer! An attorney can help you petition the court for post-conviction or post-arrest RELIEF!
If your record is sealed then all they will be able to see is the date of your case and a case number. If it is expunged, it will no longer be online and no one but law enforcement can see it at all.
Attorney at law, John Pangallo, can be reached at (941) 954-3611 for a free consultation on your case. Don’t delay, this could turn your life around!
John Pangallo Law Office
2201 Ringling Blvd # 205
Sarasota, FL 34237
Phone: (941) 954-3611