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Double Jeopardy Violation of Stalking Injunction

Posted by John P. Rutkowski | May 19, 2019 | 0 Comments

Criminal law -- Double jeopardy -- Violation of stalking injunction -- Single criminal episode. Defendant convicted of two counts of violating stalking injunction stemming from incident in which defendant yelled at victim across the street from victim's workplace. Dual convictions based on communicating with victim and being within 500 feet of victim's place of employment did not violate double jeopardy where defendant's two violations were distinct acts separately proscribed by the statute under which he was convicted. It was not necessary for the two acts to be separated by a temporal break or change in location in order for them to be distinct criminal acts where each act was of a separate character and type, and each was born of a separate impulse.

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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.