Florida's Injunctions against domestic violence and against dating violence are vital tools for domestic violence victims; however, they can be manipulated and abused in certain situations. When this occurs, innocent people are forced to deal with unfair and unjust legal consequences as a result....
Understanding Florida's Driver's License DUI Suspension Laws. In Florida there are two types of driver's license suspensions. One, which is immediate, is the administrative license suspension. The second is a suspension ordered by the court if you are convicted or plead guilty to a DUI. On the...
Where the defendant was convicted of possession of drugs discovered in vehicle of which defendant was an occupant at the time of his arrest, and trial court denied motion for judgment of acquittal on basis that state was entitled to inference that defendant had knowledge of control over the drugs...
The trial court erred in denying former wife's petition for domestication of final order of Georgia court holding former husband in contempt and ordering his incarceration until payment of child support arrearages where Georgia court had jurisdiction to enter order and there was no evidence of ex...
The trial court violated principles of double jeopardy when it resentenced the defendant to fifteen years in prison when it previously sentenced him to ten years in prison pursuant to plea where defendant had an expectation of finality in his ten-year sentence. Read more below: ...
The trial court committed fundamental error when it found that statute governing parental relocation with child is not applicable in the event parent is deported. Court erred in making future-based projection of child's best interests by granting wife permission to take child with her if she is d...
In granting a downward modification in alimony, trial court did not err in finding that former wife's reaching age where she could access retirement accounts without penalty could be considered as part of total circumstances in determining if there has been a sufficient change to warrant downward...
The testimony of witness at bond hearing who had died subsequent to bond hearing. Further, It was error to admit testimony of witness relating statements by another individual in which the individual admitted that he was the shooter in the murder and that he “got the work” from defendant. Where t...
The trial court erred by ordering shared parental responsibility and granting supervised parenting time between child and father in contravention of Kentucky domestic violence order of protection. Further, the court failed to consider statutory factors for determining best interests of child. Rea...
Many of my clients are surprised when they come to me after being arrested and facing prosecution for DUI. They explain they were driving on private property. I tell them, that Florida's DUI statute allows for arrest and prosecution when someone operates or is in actual physical control of a mot...
Trial court's failure to instruct the jury on element of offense, that defendant knew that victim was a law enforcement officer, constituted fundamental error where there was a dispute at trial as to whether defendant knew that victim was law enforcement officer. On remand, if state intends to pr...
The trial court properly found that collection and handling of blood samples obtained at medical facility to which defendant had been transported substantially complied with applicable rule. Substantial compliance with rule is proper standard to be applied to admission of blood test evidence and ...
It was error for the trial court to summarily deny claim that counsel was ineffective for his failure to investigate and call exculpatory witnesses at trial, and the claim that counsel was ineffective for failing to advise defendant that court could run his sentences in one case consecutively to ...
As citizens we all have the right to walk down the street without fear of being stopped and harassed by the police. If you are not committing a crime or about to commit a crime you have no duty to stop and talk to the police. However, if the police have reasonable suspicion to believe you have or...
It is now legal to smoke medical marijuana in Florida
Where licensee was arrested on two separate occasions within a short period of time for driving under the influence, and was later convicted of both offenses on the same day, his license was properly revoked for a period of 5 years pursuant to statute providing for 5-year suspension “upon a secon...
The bedroom which was directly adjacent to bathroom where defendant was apprehended and was between four and ten feet from area of arrest was “immediately adjoining” place of arrest, and officers did not need articulable suspicion to conduct precautionary sweep of bedroom. The trial court did not...
The statutory amendment which changes burden of proof from defendant to state at Stand Your Ground immunity hearing is not unconstitutional as a violation of separation of powers, but the amendment does not apply retroactively to a crime committed prior to the enactment of the amendment. Conflict...
The trial court engaged in prohibited prospective-based analysis when it set timesharing plan with respect to parties child that included schedule that would apply when child entered kindergarten in the future. Read Case Below:
Statutory amendment which changes the burden of proof from the defendant to the state in a Stand Your Ground immunity hearing is procedural in nature and applies retroactively to defendant whose appeal was pending when the amendment was enacted. Defendant is entitled to a new immunity hearing. Qu...
A captain has resigned and more shake-ups are likely after the Pasco County Sheriffs Office discovered supervisors failed to act in a case of a deputy tampering with evidence tampering, said Sheriff Chris Nocco. Read Article Below: Pasco Captain Fired Deputy Arrested
The trial court erred in denying defendants dispositive motions to suppress firearm discovered during Terry stop and frisk where officer did not have reasonable suspicion of illegal activity which would justify stop. Neither tip from restaurant employee that customer appeared to have a gun in hi...
Local government has authority under section 316.0083(1)(a), Florida Statutes (2014), to contract with a private third-party vendor to review and sort information from red light cameras, in accordance with written guidelines provided by local government, before sending that information to a train...
Evidence that juvenile was seated on back seat of vehicle occupied by two other persons and that a firearm was on the seat in the vicinity of juvenile was insufficient to prove that juvenile was in actual or constructive possession of firearm where there was no evidence that juvenile had dominion...
The trial court erred in failing to provide defendant opportunity to make an statement following violation of probation hearing and prior to sentencing. Florida case law makes it clear that the right to allocution must be afforded a defendant prior to sentencing in a VOP hearing The Defendants d...
John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Driving Under the Influence. Contact us today to schedule an initial consultation.
