The controversial “stand your ground” law in Florida just entered perhaps its murkiest territory yet. Pinellas County State Attorney Bernie McCabe has charged Michael Drejka with manslaughter in the killing of the Markeis McGlockton.

Drejka plans to use the stand your ground defense, available in 25 States, which allows people to use deadly force if they believe they are in imminent danger or death without having to retreat, flee, or resort to other methods of non-deadly defense first.

“Stand Your Ground” as an Immunity to Arrest

Many people criticized the local sheriff (who is also a lawyer) for not immediately arresting Drejka, but there’s actually a good reason for that. In Florida, “stand your ground” provides immunity from an arrest. If an officer makes an arrest, and the judge allows the stand tour ground immunity to apply, the officer can face legal fees and civil penalties.

Burden of Proof on Prosecutor

Florida strengthened its stand your ground law in another regard by shifting the burden of proof on to the prosecutor. In most states where this defense is used, the prosecutor proves the murder charge in a jury trial, and then it is the defendant’s responsibility to prove it was ok because he was standing his ground. In Florida, however, the applicability of stand your ground is determined at the pre-trial hearing in front of a judge as an immunity, not really a defense, and it is the prosecutor’s responsibility to prove stand your ground isn’t applicable. And if the prosecutor fails, the defendant walks free with no trial by jury required.

Drejka is being held on $100,000 bail. When given his rights, he claimed he could not afford an attorney, but he is not being represented by the Public Defender office. Instead, his defense team consists of John Trevena, Bryant Camareno and Lysa Clifton, all private criminal defense attorneys.

Related Resources:

  • Do ‘Stand Your Ground’ Laws Apply If a Person Is Running Away? (FindLaw Blotter)
  • May I Shoot an Intruder? (FindLaw’s Learn About the Law)
  • Who Decides Whether Use of Deadly Force Is Justified in ‘Stand Your Ground’ Killings? (FindLaw Blotter)

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