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INEFFECTIVE ASSISTANCE OF COUNSEL

Posted by John P. Rutkowski | Jun 13, 2018 | 0 Comments

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 and was in constructive possession because there was no evidence that anyone other than defendant had been in the vehicle on the day of his arrest, counsel was ineffective for failure to call witnesses who would have testified that they had been in the vehicle on that day. Because defendant demonstrated prejudice, new trial is required. Read More Below:      

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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.

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