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Possession of heroin Sale or delivery of controlled substance

Posted by John P. 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 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.