Contact Me for a Free Consultation (941) 257-5003

Blog

Counsel's Ineffectiveness For Failing to move to suppress controlled substances, Illegal Arrest

Posted by John P. Rutkowski | Apr 30, 2020 | 0 Comments

Counsel was ineffective for failing to move to suppress controlled substances found in defendant's backpack following an illegal arrest and search incident to that illegal arrest. Counsel's Ineffectiveness is apparent on the face of the record, which showed that sole basis for arrest was violation of county ordinance for being in a city park after closing, which was an offense punishable by fine, not an arrestable offense; and court can think of no strategic rationale or reasonable basis to forego filing of motion to suppress under these circumstances. The defendant was prejudiced where the only evidence supporting the charge against him was contraband found in backpack. Remand for discharge of defendant.

Read Entire Opinion Below:

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact us

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.

Menu