The Florida Supreme Court heard oral arguments today in a case that could make it easier to get immunity under the "Stand Your Ground" law. A ruling for defense could essentially lead to pretrial acquittals.Jared Bretherick was denied immunity from trial after pulling his gun during a roadway argument three years ago. His attorney, Eric Friday argues, in trials, the state has to disprove self-defense. He says that burden extends to pretrial motions too.
UCF Criminal Justice Professor Lee Ross says that take on the law could give offenders two chances to go free.
"They could be acquitted pre-trial preliminary hearing, or they could be acquitted at trial", Ross said. "That could be a grave injustice to most victims."
Ross says he thinks the court will side with the state. That would confirm the pre-trial burden of proof falls to the defendant – and ensure potential victims have their day in court.