Criminal law -- Search and seizure -- Vehicle stop -- Obscured tag -- License plate frame that obscured words “MyFlorida.com” and “Sunshine State” did not provide legal basis for traffic stop. Trial court did not err in granting motion to suppress cocaine seized as result of stop.
Criminal law -- Double jeopardy -- Collateral estoppel component of double jeopardy did not bar state from introducing, at defendant's retrial on murder and conspiracy charges, an acquaintance's testimony that defendant had solicited him to commit murder, although this testimony was the factual b...
Criminal law -- Aggravated battery with deadly weapon -- Immunity -- Stand Your Ground law -- Defendant is entitled to new immunity hearing under 2017 amended statute which places burden of proof on state to overcome a facially sufficient claim of self-defense immunity by clear and convincing evi...
Criminal law -- Competency of defendant -- Failure to hold hearing -- Appeals -- Remedy. When it is determined that trial court failed to hold competency hearing or enter order adjudicating competency after previously finding reasonable grounds to question defendant's competency, proper dispositi...
Constitutional law -- Medical marijuana -- Florida Constitution does not allow qualified patients and caregivers to grow, cultivate, and/or process their own marijuana.
Criminal law -- Driving under influence -- Discovery -- Failure to comply -- State's failure to designate as expert witness an agency inspector from who it elicited testimony on how Intoxilyzer functions constitutes discovery violation. Trial court's failure to conduct Richardson hearing was not ...
Criminal law -- Forfeiture -- Vehicle -- Fraud -- Vehicle purchased and filed under fictitious name -- Facts were sufficient to warrant forfeiture of vehicle pursuant to section 319.33 where defendant admitted to signing sales contract, having dealership title vehicle, applying for tag, and apply...
Criminal law -- Forfeiture -- Adulterating or misbranding of drugs -- Synthetic marijuana -- Appeal of seizure of property allegedly obtained through the illegal activity of selling synthetic marijuana marketed as a legal high, including violations of section 499.0051(13). No error in finding pro...
Criminal law -- Circuit court departed from essential requirements of law when it determined that defendant was ineligible for circuit's treatment-based drug court program based on circuit's administrative order which precluded defendant from admission into drug court program on more than one occ...
Criminal law -- Search and seizure -- Cell phone -- Probationary search -- Trial court did not err in denying motion to suppress cell phone data obtained from forensic download conducted by probation officer, although officer did not have warrant to search electronic devices or reasonable suspici...
Criminal law -- Discovery -- Medical records -- Investigative subpoenas -- Circuit court departed from essential requirements of law by denying objection to state's subpoena of defendant's toxicology records for purposes of criminal prosecution of defendant, who was charged with leaving scene of ...
Criminal law -- Double jeopardy -- Dual convictions under section 893.13(1)(a)(1) for selling a mixture of heroin and fentanyl do not violate double jeopardy. Each type of controlled substance prohibited by 893.13(1)(a)(1) constitutes an allowable unit of prosecution for that statute. Statutory l...
Criminal law -- Speedy trial -- Trial court erred by denying discharge of defendant on speedy trial grounds based on its lack of awareness of notice of expiration of time for speedy trial. Trial court was required to grant discharge unless one of the reasons in Rule 3.191(j) was shown where defen...
Criminal law -- Search and seizure -- Vehicle -- Stop -- Officers lacked probable cause to conduct traffic stop based solely on defendant's failure to maintain single lane where there was no evidence that defendant's conduct created a reasonable safety concern. Tip from jail visitation clerk conc...
Criminal law -- Search and seizure -- Expectation of privacy -- Vehicle parked within curtilage of mother's home, with drugs in plain view from outside vehicle. Whether defendant had standing to challenge search of vehicle depended upon his status at his mother's house. If on remand trial court c...
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...
FR44 was put into place to ensure that a driver convicted of a DUI carries liability limits of 100/300/50. The state requires people convicted of a DUI to carry higher bodily injury and property damage limits to protect the public in the event they hurt someone in an automobile accident. The FR44...
Usual first-time sanctions for a DUI under a .15 Breath Alcohol Level and no minor in the vehicle at time of arrest. Fine & costs of $983.00, 12 months' probation, which your lawyer should be able to get automatic termination upon completion of conditions, 6 mo license suspension, which you will ...
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...
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...
The court must impute income to a parent who is unemployed or underemployed, if the unemployment or underemployment is voluntary on that parent's part. To determine the amount of child support the court will consider the potential and probable earnings level of the parent as determined by his o...
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...
Domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault or battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any crime which results in physical injury or death of one family or household member by another family or h...
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...
It is unlawful for anyone to operate a vessel within Florida while under the influence of alcohol or drugs to the extent that his or her normal facilities are impaired or has a Breath or Blood Alcohol Content (BAC) of .08 or above. The definition of operate a vessel has a different definitio...
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.
