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INEFFECTIVE ASSISTANCE OF COUNSEL

Posted by John 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 Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.

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John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.

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