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Vehicle stop - Dog sniff

Posted by John Rutkowski | Apr 23, 2018 | 0 Comments

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...

STATUTE OF LIMITATIONS

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

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 ...

APPARENT AUTHORITY TO ALLOW ENTRY

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

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 ...

DOUBLE JEOPARDY DUI

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

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...

Statements by Defendant Improperly Obtained

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

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...

SECOND DUI CONVICTIONS

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

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 ...

first time dui

Posted by John Rutkowski | Mar 27, 2018 | 0 Comments

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...

State must honor plea agreement made with defendant

Posted by John Rutkowski | Mar 16, 2018 | 0 Comments

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...

Life After Arrest

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

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...

Statements of Defendant Violation of Rights

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

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...

fundamental error

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

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 ...

Confession Violation of Miranda

Posted by John Rutkowski | Feb 22, 2018 | 0 Comments

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 -- be on the look out (BOLO)

Posted by John Rutkowski | Feb 19, 2018 | 0 Comments

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...

Pretrial detention -- Nebbia hold

Posted by John Rutkowski | Feb 18, 2018 | 0 Comments

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

Posted by John Rutkowski | Feb 09, 2018 | 0 Comments

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 a Weapon

Posted by John Rutkowski | Feb 09, 2018 | 0 Comments

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

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

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...

Lewd or Lascivious Exhibition Use of Computer

Posted by John Rutkowski | Feb 04, 2018 | 0 Comments

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 Sex Offender

Posted by John Rutkowski | Jan 27, 2018 | 0 Comments

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...

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Driving Under the Influence and Divorce, Custody, Alimony, Child Support, and Division of Property. Contact us today to schedule an initial consultation.

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