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Arson, Exploitation of elderly, Evidence, Statements of defendant

Posted by John P. Rutkowski | Apr 24, 2020 | 0 Comments

Criminal law, Arson, Exploitation of elderly, Evidence, Statements of defendant, Statement/proffer made in connection with plea negotiations where the defendant exhibited actual subjective expectation to negotiate plea at time of statement/proffer and expectation was reasonable given totality of circumstances, statement/proffer is not admissible into evidence as admission in state's case-in-chief. Further, where neither proffer agreement nor transcript of proffer agreement meeting includes any mention of protections afforded defendant by section 90.410 and rule 3.172(i), any waiver of those protections by defendant was not knowingly, voluntarily or intelligently made. Motion to suppress is granted.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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