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statements of Defendant Violation of Miranda New Trial Required

Posted by John P. Rutkowski | Apr 01, 2018 | 0 Comments

Defendant's question whether he could have a lawyer during post-Miranda interview with law enforcement personnel was an unequivocal request for counsel. Even if inquiry were viewed as an equivocal question about whether defendant could have a lawyer, interrogating officer was required to cease questioning and give simple and straightforward answer to the question. Error in denying motion to suppress highly detailed confession made during subsequent interrogation was not harmless. New trial required. Read Case Below:

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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.