I know someone who claims they were drugged unknowingly and while intoxicated committed a carjacking subsequently receiving a life sentence. They just recently found out that they were drugged.
This question sounds like an exam question from law school, but if true, that someone you know should contact a lawyer. Courts recognize involuntary intoxication as a defense, and the appeals process has several ways to raise it.
Yeah, well, "somebody" needs to hire a real world lawyer to do some real world research and defense work.
Respectfully, having you ask questions on the internet isn't gonna help.
"Somebody" needs to into a skilled and experienced 407 area criminal defense lawyer's office. "Somebody" needs to use the "Find a Lawyer" feature on AVVO to locate proximate lawyers, make an appointment, show up on time, bring whatever evidence, documents or witnesses that somebody may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet somebody's specific reasonable needs in somebody's unique case.
Wishing "somebody" luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
I agree with my colleagues. Although involuntary intoxication is a defense in Florida and this someone has already received a life sentence, then this someone needs to arrange to speak with a criminal defense attorney well versed in post conviction practice, the sooner the better. Just because someone was convicted and sentenced for committing a carjacking only later to discover new evidence that that someone was involuntarily intoxicated at the time, does not qualify this as a DUI/DWI question. I will redirect the question to the Criminal Defense forum with all due respect to the newly discovered evidence.
As my colleagues have stated, consult face to face with a criminal defense attorney.
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