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Sentencing Failure to Allow Defendant to Make a Statement Reversible Error

Posted by John P. Rutkowski | May 02, 2018 | 0 Comments

The trial court erred in failing to provide Defendant opportunity to make an statement following violation of probation hearing and prior to sentencing. Florida case law makes it clear that the right to allocution must be afforded a defendant prior to sentencing in a VOP hearing The Defendant's due process rights were violated because he was not given the chance, despite his request, to make an unsworn statement to mitigate the sentence. Remand for successor trial judge to conduct new sentencing hearing providing defendant opportunity for allocution before sentencing.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four 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.


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