Legal Question in Criminal Law in Florida

Re: Question about an overdosing law?

I take it that your brother introduced the drugs into his own system? Unfortunately, Florida has no law by which the dealer could be directly charged with your brother's death. The best thing you may be able to do to honor your brother is to speak to your legislator about creating such a law.

Also, you may want to speak to your local State Attorney's Office. They may be more creative than the police in thinking of ways to charge the dealer.

Re: Question about an overdosing law?

I don't think thats the way to go with it.

Re: Question about an overdosing law?

I disagree with the other comments. If your brother died as a direct result of someone providing him illegal drugs, there MAY be a possible charge the State can consider under 782.04(1)(a)(3). It is very fact specific and a lot more information would be needed to know if this was applicable. In part, that statute reads:

782.04 Murder.--

(1)(a) The unlawful killing of a human being:

3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.