Proof of burden may shift to prosecutors in 'stand your ground' cases

Prosecutors may be forced to pay legal fees

TALLAHASSEE, Fla. – A 5-year-old ruling by the State Supreme Court requires people claiming 'stand your ground' immunity to go to court and prove they feared for their life or safety, but legislation being heard next week would shift that burden to prosecutors, making them prove someone is not innocent.

"You are innocent until proven guilty," said Marion Hammer, of Unified Sportsmen of Florida.

Recommended Videos



The legislation has the support of the National Rifle Association.

"They created a special 'stand your ground' hearing and reversed the burden of proof, making a defendant who exercises self defense guilty until they can prove themselves innocent," Hammer said.

Under the legislation, prosecutors can still make you go to court and prove you are innocent, but if you do, they could be forced to pay your legal fees.

Prosecutors who make the wrong decision could be on the hook for up to $200,000.

"I don't think you can point to a single case," State Attorney Willie Meggs said. "I know in the Second Circuit we have charged someone who was legitimately acting in self defense."

Meggs said the legislation gives someone two bites at the apple.

"Which means we have to basically try the case first before a judge, which gives them a shot at dismissal of the charge, and if we win there, we have to go in and convince a jury in a second trial," Meggs said.

The bill's next stop is the Senate Judiciary, the same committee that stopped concealed carry on campus earlier this year. It is expected to survive next week's hearing, but after that it faces an uncertain future.