Florida Jury Instruction - Controlled Substances - Possession With Intent To Distribute
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PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress.
A jury will be instructed at trial in a case pursued on a principal theory that a principal must be treated as if he or she had done all the things the other person or persons did.
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt.
Presumption of Innocence: The judge will instruct the jury that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. They should not assume guilt but must consider all the evidence presented during the trial.
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
A conviction for possession of a controlled substance is generally considered a felony of the third degree, which is punishable by a sentence of up to five years in a Florida state prison and/or a fine up to $5,000 under Fla. Stat. § 775.082 and . 083.
Florida Statute Section 893.13(1)(a) prohibits a person from possessing any controlled substance ?with intent to sell, manufacture, or deliver? the controlled substance. Depending on the type of substance possessed, the crime can be charged as a third degree felony or a second degree felony.