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Sentencing Failure to Allow Defendant to Make a Statement Reversible Error

Posted by John 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 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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