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Search of Home without warrant illegal

Posted by John Rutkowski | Oct 17, 2018 | 0 Comments

Criminal law -- Search and seizure -- Residence -- Exigent circumstances -- Deputies who were dispatched to investigate anonymous 911 call lacked objectively reasonable belief that exigent circumstances existed which justified immediate entry into residence without warrant -- Hunch that there may...


Posted by John Rutkowski | Jul 28, 2018 | 0 Comments

STAND YOUR GROUND AND THE USE OF NONDEADLY FORCE: The stand your ground law is codified in F.S. 776.012. It states that a person is justified in using force, except deadly force, against another when the person reasonably believes that the force is necessary to defend him or herself or another...

Theft Crimes, Punishment, Driver License Suspension

Posted by John Rutkowski | Jul 24, 2018 | 0 Comments

A person commits a theft if the individual knowingly obtains or uses, or tries to obtain or use the property of another with the intent to, either temporarily or permanently deprive the other person of a right to the property or takes the property to their own use. If the property stolen is va...

What is the punishment for possession/sale of drugs within 1,000 feet of school, child care facility, state, municipal, or county park, college, university, house of worship, assisted living facility?

Posted by John Rutkowski | Jul 12, 2018 | 0 Comments

It is unlawful for a person to posses, sell, deliver, manufacture, etc., a controlled substance in, on or within 1,000 feet of any school or childcare facility, during the hours of 6 a.m. and 12 midnight, or at any time within 1,000 feet of any county, state or municipal park, any community cen...

Update on smokable medical marijuana in Florida

Posted by John Rutkowski | Jul 03, 2018 | 0 Comments

The court of appeals published an opinion yesterday concerning the automatic stay which normally goes into effect upon a losing party's request, so that an appeal maybe taken. The court ruled that section 381.986 F.S. (2017) of the medical marijuana amendment to Florida's Constitution is uncons...


Posted by John Rutkowski | Jun 13, 2018 | 0 Comments

Where the defendant was convicted of possession of drugs discovered in vehicle of which defendant was an occupant at the time of his arrest, and trial court denied motion for judgment of acquittal on basis that state was entitled to inference that defendant had knowledge of control over the drugs...

Judgments - Full Faith and Credit

Posted by John Rutkowski | Jun 12, 2018 | 0 Comments

The trial court erred in denying former wife's petition for domestication of final order of Georgia court holding former husband in contempt and ordering his incarceration until payment of child support arrearages where Georgia court had jurisdiction to enter order and there was no evidence of ex...

Double Jeopardy - Sentencing

Posted by John Rutkowski | Jun 11, 2018 | 0 Comments

The trial court violated principles of double jeopardy when it resentenced the defendant to fifteen years in prison when it previously sentenced him to ten years in prison pursuant to plea where defendant had an expectation of finality in his ten-year sentence. Read more below:                   ...

Child Custody - Deportation With Child - Alimony

Posted by John Rutkowski | Jun 11, 2018 | 0 Comments

The trial court committed fundamental error when it found that statute governing parental relocation with child is not applicable in the event parent is deported. Court erred in making future-based projection of child's best interests by granting wife permission to take child with her if she is d...

Alimony Change in Circumstances Downward modification

Posted by John Rutkowski | Jun 08, 2018 | 0 Comments

In granting a downward modification in alimony, trial court did not err in finding that former wife's reaching age where she could access retirement accounts without penalty could be considered as part of total circumstances in determining if there has been a sufficient change to warrant downward...

Hearsay Evidence Erroneously Admitted at Trial

Posted by John Rutkowski | Jun 06, 2018 | 0 Comments

The testimony of witness at bond hearing who had died subsequent to bond hearing. Further, It was error to admit testimony of witness relating statements by another individual in which the individual admitted that he was the shooter in the murder and that he “got the work” from defendant. Where t...

Child Custody Domestic Violence

Posted by John Rutkowski | Jun 05, 2018 | 0 Comments

The trial court erred by ordering shared parental responsibility and granting supervised parenting time between child and father in contravention of Kentucky domestic violence order of protection. Further, the court failed to consider statutory factors for determining best interests of child. Rea...

DUI Search & Seizure Blood Draw

Posted by John Rutkowski | May 31, 2018 | 0 Comments

The trial court properly found that collection and handling of blood samples obtained at medical facility to which defendant had been transported substantially complied with applicable rule. Substantial compliance with rule is proper standard to be applied to admission of blood test evidence and ...

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John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.