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Criminal law -- Public records -- Exemptions -- Confessions

Posted by John P. Rutkowski | Aug 12, 2019 | 0 Comments

Portions of defendant's statement to law enforcement that are considered “substance of a confession” are exempt from public disclosure under Public Records Act until criminal case is finally determined. Defendant's request to prevent disclosure of his entire statement is denied where defendant has failed to demonstrate that preventing public disclosure of non-confession portions of statement is necessary to prevent serious and imminent threat to administration of justice, that no alternatives other than change of venue would protect his right to fair trial, and that limiting public disclosure of redacted statement would be effective in protecting his rights without being broader than necessary to accomplish that purpose. Redacted statement will be subject to public disclosure.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five 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 and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.