Double Jeopardy

Posted by John Rutkowski | Oct 14, 2017 | 0 Comments

Separate convictions for use of computer services to solicit the consent of a parent or a person believed to be the parent, legal guardian, or custodian of a child to engage in unlawful sexual contact with the child and traveling to meet minor violate double jeopardy where charges are based on th...

Misdemeanor battery -Teachers and school personnel

Posted by John Rutkowski | Oct 07, 2017 | 0 Comments

A teachers aide was erroneously convicted of misdemeanor battery of pre-kindergarten student for non-abusive touching of student where jury acquitted her of child abuse. Teaching personnel stand in loco parentis with respect to students in classroom and are permitted to administer non-abusive co...

DUI Vehicle Stop

Posted by John Rutkowski | Sep 21, 2017 | 0 Comments

During the hearing to suppress, the arresting officer, who had training and experience on how to identify someone who was under the influence, testified that at around 7:22 p.m., he reported to the Azalea Lounge to investigate a potential vehicle accident. When he arrived, he encountered the def...

Search and seizure

Posted by John Rutkowski | Sep 20, 2017 | 0 Comments

On appeal, the court found that law enforcement officers may, as a matter of course, detain passengers of a vehicle for the reasonable duration of a traffic stop without violating the Fourth Amendment. And that the duration of traffic stop was reasonably extended in order for backup officers to a...

Withhold of adjudication of guilt

Posted by John Rutkowski | Sep 16, 2017 | 0 Comments

The trial court erred by finding that by imposing a suspended sentence in conjunction with modifying defendants probation it was without discretion to also withhold adjudication of guilt. A suspended sentence is not equivalent to a prison sentence so the court had discretion to withhold adjudica...

Statute of Limitation Violation by the State

Posted by John Rutkowski | Sep 09, 2017 | 0 Comments

The trial court erred in denying motion to dismiss charge of lewd or lascivious molestation of child between 12 and 16 years of age based on expiration of statute of limitations where prosecution was not commenced within three years of date underlying incident was first reported to Department of ...

Sexual Battery – Defendant Entitled to New Trial

Posted by John Rutkowski | Jul 27, 2017 | 0 Comments

Complainant told the jury that she lived with her mother but periodically visited fathers home. During one visit, when she was fourteen, she woke up to find father on top of her, raping her. In pain and in shock, she pretended she was asleep and waited for father to stop. The Complainant returne...

When Must The Police Read Me My Rights?

Posted by John Rutkowski | Jul 17, 2017 | 0 Comments

Law enforcement must advise a suspect of his rights (Miranda Warnings) when a suspect is in custody. The Florida Supreme Court stated four criteria to help the court determine when a suspect is in custody for Miranda purposes: 1) The way police summoned the suspect for questioning; 2) the purpose...

Sexual Battery and Lewd and Lascivious conduct

Posted by John Rutkowski | Jul 04, 2017 | 0 Comments

Sexual battery means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. The terms Lewd, lascivious, and indecent ...

Pretrial Detention Failure to Hold Detention Hearing

Posted by John Rutkowski | Jul 02, 2017 | 0 Comments

Defendant petitioned the appellant Court for issuance of a writ of habeas corpus, challenging the lower court's denial of pre-trial bond. Because the defendant was not given a proper pre-trial detention hearing the Court granted the petition and direct the trial court to hold a proper hearing pur...

Warrantless Search of Cell Phone Illegal

Posted by John Rutkowski | Jun 29, 2017 | 0 Comments

Criminal law -- Search and seizure -- Good faith exception to warrant requirement -- In conducting warrantless search of cell phone, officers could not rely in good faith on district court of appeal decision which was under review by Florida Supreme Court. In this case officers confiscated a cel...

Illegally Seized Evidence

Posted by John Rutkowski | Jun 28, 2017 | 0 Comments

Criminal law -- Search and seizure -- Trial court erred by denying dispositive motion to suppress cocaine in pill bottle stashed in concrete latticework attached to foundation of rooming house where defendant was staying. A dispositive motion is one in which the decision by the trial court will ...

Burden of Proof

Posted by John Rutkowski | Jun 22, 2017 | 0 Comments

In Reid v State of Florida, 42 Fla. L. Weekly D1413a, Reid was charged with murder and attempt murder. In his closing argument, the prosecutor improperly shifted the burden of proof to the defendant by asking jury multiple times to return guilty verdict based upon Reid's failure to call certain w...

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.