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Possession of heroin Sale or delivery of controlled substance

Posted by John Rutkowski | Dec 15, 2017 | 0 Comments

The trial court erred in finding that the defendant was prohibited from raising entrapment defense on ground that defendant failed to give state presuit notice of his intent to rely specifically upon entrapment as a defense. The defendant's not guilty plea was sufficient to notify state of possibility that he could raise entrapment defense, and any concern regarding seeming lack of notice could have been addressed by simply allowing state an opportunity to rebut defense. The error not harmless because it deprived defendant of his primary theory of defense, which requires a new trial.

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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.