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Posted by John P. Rutkowski | Nov 01, 2020 | 0 Comments

FLORIDA DUI SANCTIONS: FIRST TIME DUI JAIL TIME. Maximum of 6 months in jail.   If the driver's blood/breath alcohol (BAC) was .15 or higher, or there was a minor in the vehicle, the maximum jail sentence is 9 months. Probation 6 to 12 months. Fines $500 to $1000.  If the blood alcohol level was...

Criminal law, Attempted second-degree murder with a firearm, Evidence, Demonstrative aids, Experiments, Opinion testimony, New trial

Posted by John P. Rutkowski | Sep 13, 2020 | 0 Comments

Experiment conducted by police detective involving the shooting of a shirt from different distances. Trial court erred in allowing evidence of an unscientific experiment conducted by a police detective that was intended to prove that the victim was shot at close range, which would have been consi...

Boating under influence, Motion to Suppress Granted

Posted by John P. Rutkowski | Apr 28, 2020 | 0 Comments

Boating under influence, Search and seizure, Detention. sheriff's deputy did not have reasonable suspicion to detain defendant by requiring him to board deputy's patrol boat and travel to marina for field sobriety exercises where, at the time of detention, the only evidence of impairment was odor...

Stand your Ground Initial Provocation Exception

Posted by John P. Rutkowski | Feb 26, 2020 | 0 Comments

The trial court erred in denying defendant's motion for immunity from prosecution for attempted second-degree murder, aggravated battery, and shooting at a vehicle because defendant initially provoked confrontation. “Initial provocation” exception to immunity created by section 776.041(2) does no...

Confession Suppressed Police Violate Miranda Warnings

Posted by John P. Rutkowski | Feb 20, 2020 | 0 Comments

Confession. Voluntariness. Trial court erred in denying defendant's motion to suppress his post-Miranda interrogation statements. Detective's failure to re-read Miranda rights to defendant after defendant reinitiated conversation with detective rendered defendant's confession involuntary, despite...

Injunction against repeat violence reversed

Posted by John P. Rutkowski | Feb 18, 2020 | 0 Comments

Injunction -- Repeat violence -- Petitioner who, individually and on behalf of his minor child, sought injunction against former wife's boyfriend. Injunction reversed where evidence did not support finding that respondent committed acts of repeat violence as defined in section 784.046. Respondent...

Confession Not Voluntary

Posted by John P. Rutkowski | Feb 05, 2020 | 0 Comments

Trial court erred in denying defendant's motion to suppress his confession. Defendant's confession was involuntary where interrogating officers made constant vague offers to help defendant yet failed to explain or clarify the limits of their authority. Viewing totality of officers' statements tha...

Murder Self-defense Evidence Silence of defendant

Posted by John P. Rutkowski | Jan 15, 2020 | 0 Comments

Criminal law -- Murder -- Self-defense -- Evidence -- Silence of defendant -- Pre-Miranda -- Ineffective assistance of counsel -- Prosecutor's statements about defendant's pre-arrest, pre-Miranda silence in opening and closing arguments and state's presentation of testimony about that silence dur...

Disqualifying the trial judge

Posted by John P. Rutkowski | Dec 31, 2019 | 0 Comments

Darien Hauter appeals two orders entered on the same day in two cases. The first order denied Hauter's motion to disqualify the trial judge as "legally insufficient." The second order, filed fifteen minutes later, denied Hauter's motion to mitigate his sentences. Hauter stated in his affidavit in...

Constructive Possession of Drugs

Posted by John P. Rutkowski | Dec 11, 2019 | 0 Comments

Appellant, Andrew James Sims, appeals his convictions and sentences for trafficking in amphetamine or methamphetamine (28 grams or more, but less than 200 grams); possession of cocaine; sale, manufacture, delivery, or possession of cannabis (more than 20 grams); and possession of drug paraphernal...

Immunity, Stand Your Ground

Posted by John P. Rutkowski | Dec 09, 2019 | 0 Comments

Immunity -- Stand Your Ground law. The defendant was charged with domestic battery for striking minor son of his girlfriend in the head during altercation over his use of girlfriend's EBT card. The defendant's requests for immunity and dismissal pursuant to section 776.032 are granted. State fail...

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.