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The trial court erred in denying motion to suppress drugs found after dog alerted to presence of narcotics in vehicle where traffic stop was delayed in order to perform dog sniff and there was no basis in record to conclude that reasonable suspicion existed to justify prolonging the stop. Read Ca...

Beginning July 1, 2018, Section 943.0586 allows individuals with mugshots posted by mugshot websites to get them removed, without charge. A written request must be sent by registered mail. Once the mugshot website operator has received the request, they have ten calendar days to remove the photog...

Trial court erred in denying motion for judgment of acquittal where defendant was habitual traffic offender who had never had a Florida drivers license and did not fall within statutory exemption to licensure requirement. Remand with instructions to vacate convictions under section 322.34(2)(b) ...

Defendant who claims that offense as charged in information is barred by statute of limitations must raise issue in trial court in order to preserve issue for appeal. Defendant who is prejudiced by trial counsels nonstrategic failure to raise statute of limitations defense is not precluded from ...

Search and seizure, Investigatory stop and detention. Detective had no reasonable suspicion justifying stop and detention of defendant who was in the driveway of the address to which a package containing marijuana, addressed to a fictitious person, was to be delivered -- Mere presence at place of...

Driving under influence. Reckless driving. Double jeopardy Where there is a single victim and charges arise from a single episode, dual convictions for DUI with serious bodily injury and DUI with property damage, as well as dual convictions for reckless driving with serious bodily injury and reck...

Trial court erred in admitting detectives testimony regarding his review of State Driver and Vehicle Identification Database which led to his investigation of defendants wifes van. Such evidence was hearsay offered to buttress states identification of defendant as robber who had driven vehicl...

Search and seizure -- Residence -- Consent -- Defendants friend who answered detectives knock on front door of defendants residence and invited detectives to come inside did not have apparent authority to consent to detectives entry. Trial court erred in denying motion to suppress contraband ...

Separate convictions for driving under the influence with serious bodily injury and driving while license suspended with serious bodily injury arising from one act violated prohibition against double jeopardy -- Defendant did not waive double jeopardy challenge by entering general plea. Read Case...

Confession given by defendant during police department interview prior to administration of Miranda warnings was improperly obtained. Confession occurred during custodial interrogation where it was clear from record that purpose of the interview was to obtain incriminating evidence from defendant...

Defendants question whether he could have a lawyer during post-Miranda interview with law enforcement personnel was an unequivocal request for counsel. Even if inquiry were viewed as an equivocal question about whether defendant could have a lawyer, interrogating officer was required to cease qu...

Second Conviction within five (5) years of first DUI Fine of no less than $1,000, not to exceed $2,000. If your blood-alcohol level or breath-alcohol level (BAC) exceeds .15 or if there was a minor in your vehicle at the time of the arrest, you are subject to a fine of no less than $2,000, but ...

A person commits the offene of DUI if that person is operating a motor vehicle or being in physical control of a vehicle while under the influence of Alcohol or Drugs to the extent his or her normal facilities are impaired, anywhere in the State of Florida, not just roads, this includes private p...

Criminal law -- Murder -- Death penalty -- Agreement between defendant and state attorney for judicial circuit where some of acts constituting defendants offenses occurred for state not to seek the death penalty in exchange for defendants cooperation in finding body of murder victim was binding...

John P Rutkowski, Criminal Defense Attorney Is There Life After Arrest? Whats Next  Facing jail, fines and probation is a serious matter. The more you know about the law and the charges against you, the courts and prosecutors-the more success and peace of mind you will have as well as a better...

Second degree murder, Evidence, Statements of defendant. Admission of statements defendant made to police after he was confined in psychiatric wing of a hospital violates due process clause of Florida Constitution where police did not tell defendant that his family had retained a lawyer to repres...

Second degree murder. Jury instructions. Lesser included offenses, Manslaughter by act. Giving of erroneous standard instruction on manslaughter by act, which included element of intent to kill, as lesser included offense of second degree murder constituted fundamental error even though jury was ...

Detectives violated defendants Miranda rights when they continued to engage defendant after he had invoked his right to counsel.Trial court erred in denying motion to suppress defendants confession which was obtained in violation of Miranda. Read Entire Case Below.

Search and seizure -- BOLO provided officers with reasonable suspicion to stop vehicle and detain occupants for show-up identification -- Once victims of robbery identified defendant, there was probable cause to arrest him, and search of passenger compartment of vehicle was justified as search in...

Florida courts lack authority to detain accused for the purpose of inquiring into source of funds used to post bail -- Any such inquiry is for purpose of ascertaining whether bail set is sufficient to secure defendants appearance, not to deny pretrial release. Read the entire case below.

Lewd and lascivious molestation of child under twelve -- No merit to claim that trial court erred by admitting child hearsay statements without balancing whether probative value of statements was outweighed by danger of presentation of repetitive and cumulative evidence -- By admitting evidence, ...

Robbery with weapon -- Trial court erred in denying motion for judgment of acquittal on charge of robbery with weapon, which was based on defendants use of double-barrel of shotgun that had been detached from receiver, stock, and firing mechanism, where state failed to present competent, substan...

Stand Your Ground law -- Prohibition -- Petition for writ of prohibition to prevent trial court from proceeding with Stand Your Ground immunity hearing based on claim that court will not apply statutory amendment which shifts burden of persuasion from defendant to state because court has found th...

Using a computer to commit lewd or lascivious exhibition -- States evidence that lewd pictures were transmitted as part of a live conversation between victim and defendant on messages application of phone was insufficient to support conviction for lewd or lascivious exhibition under Section 847....

Failure to register as sexual predator -- Defective information -- Defendant was erroneously convicted for violation of subsection of statute which requires that sexual predator report change of address within 48 hours where information failed to cite that subsection and omitted essential element...