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Questions Answered by Jeffrey H. Garland
2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Florida on
Q: Male officers stripped searched a girlfriend of mine looking for track marks after her husband overdosed in their home.

They turned off body cameras and locked her in her garage while making her do degrading things, touching her breasts and vaginal area, making her crab walk naked in front of three male officers. They took her husbands cell phone and days later told her to reach out to possible people her husband... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 20, 2024

You are writing about someone else. It's not clear what you are asking for. If these allegations are true, your friend could file an internal affairs complaint against those officers involved. The IA investigation would require her cooperation. Most agencies do not authorize turning off body... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Would a civil restitution lien order automatically be filed by the court or is this something I may have to do?

I was a victim of grand theft. The case dragged out for 3 years and was complex. A plea deal was arranged in which the defendant paid back part of the money and in return there was no probation or ongoing restitution. That was it. The defendant wanted that deal or wanted to go to trial. So D.A... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 11, 2024

Your question should first be directed to the prosecutor with whom you "decided to take the partial payment". You should find out if a civil judgment lien was entered for the higher amount you are seeking at this time. If a higher amount of restitution was not agreed to as part of the... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: convicted in January 2019 for stalking, Cops came to me with evidence on that case and recharged me aggravated stalking

This aggravated stalking rises from a closed stalking case that I was already sentenced on in 2019, I plead out to the aggravated stalking July 2023, doesn’t this fall under double jeopardy rule…

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 4, 2024

On the face of what you report there may be a double jeopardy problem. The big question is why the double jeopardy problem is first being considered now. At any rate you would need to look at the allegations put forth in the 2019 case and compare them to the allegations put forth in the 2023 case.... View More

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2 Answers | Asked in Traffic Tickets and Criminal Law for Florida on
Q: Can you be arrested for driving with suspended license on private property, not in a vehicle, and plate not called in.

Arrested in my yard, not in a vehicle, for driving with suspended license, BUT the LEO did not see me driving, he only assumed. He didn't run my tag until he pulled in my driveway and he had to wait for 2 vehicles to pass before he could pull in my driveway. I told him he's on private... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 23, 2024

Please look to Mr Blecher's answer in relation to roads and public parking lots. You say the officer didn't see you driving on a road. Maybe so, but the officer might say something different. Your claim that the officer didn't "see" you could be construed as an admission... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Can you be held for 90 days in jail without being fingered printed or booked in yet?

My boyfriend was arrested about 90 days ago for a charge he didn’t commit and they never fingerprinted or booked him in .

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 8, 2024

It would be very odd to have a person taken to jail for 90 days without being booked in. His attorney must have some input as to what's going on. You could contact the attorney about this unusual situation. Your BF would go to 1st appearance after being booked in. He would then be told what... View More

1 Answer | Asked in Criminal Law for Florida on
Q: I have been charged with the same charges of which I have already been convicted on and I was re-arrested

I have already taken a plea but I have not been sentenced yet what motion can I file to withdraw a plea and resume research into this case

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Oct 3, 2023

If yours is a State court prosecution, you could move to withdraw the plea. If the plea has not been "accepted", you can move to set it aside with almost no justification. If the plea has been accepted, you will need to show good cause. If, as you say, you have already been convicted with... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My son was sentenced to life for armed robbery with a firearm to wit a bb gun, and under applicable statutes , a bb gun

Is not a firearm under sec 790.01(6) fss 1993. At the sentencing hearing the court believed that it would be invading the province of the jury to find that the evidence did not meet the statutory definition of a firearm. In spite of the law, the court imposed a life sentence. Is this legal? My son... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jul 25, 2023

You are correct that a BB gun is not a firearm and the charge would be wrong. Robbery with any deadly weapon is a PBL, that is punishable by life. You would have to go back into the record to find out if the information made an allegation of a deadly weapon. The maximum sentence for a simple weapon... View More

1 Answer | Asked in Criminal Law for Florida on
Q: When a person violates their probation should they get credit for the time they did on probation before the violation

My husband was sentenced to 4yrs he did 2yrs in prison and was ordered to complete the other 2yrs on probation. He violated after completing 11 months. The day of his VOP ruling the judge sentenced him back to prison to complete the other 2yrs so we want to know aside from the prison credit is he... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Apr 28, 2023

The judge likely sentenced your husband to 4 years DOC with credit for the actual time served in prison and any unrevoked gain time. In addition, the judge likely awarded any credit for time in jail. DOC is to calculate the day for day credit he previously served. Almost always DOC revokes the... View More

2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: A search warrant was served in a house i was living in, the police lied about an arrest warrant

They had for me, calling me out of the house prior to entry, i was awakened by this and put on a pair of shorts that wrrent mine. They searched me and found drugs. I would have never put on those shorts if they hadnt lied about the arrest warrant because i wouldnt have gone outside. All charges... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Oct 28, 2022

First off, the "I put on somebody else's shorts" defense is usually not a winner. But, through your lawyer, you can file a Franks motion challenging false statements in a search warrant application. You must establish that you had standing to challenge the search warrant. As is... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: Is weed smoke probable cause for a traffic stop? And why don’t police have to have their Dash Cam on during stops?

Typo. Don’t have to have their dash cam activated

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 22, 2024

Yes, marijuana smoke is probable cause for a car search. Usually, the odor of marijuana smoke is detected after a car stop for some other reason. A medical marijuana card does not allow consumption in a vehicle. While the odor of burnt marijuana may persist from previous use, the presence of... View More

1 Answer | Asked in Criminal Law for Florida on
Q: my husband was contacted a year ago that they did an illegal sentencing on him if this is so will they have to release

they gave him ten yr midman and fifteen yrs five months apart two differnt counties for the same charges they contacted him and told him it was an illegal sentencing so how do i go about this do i or can i file a motion for thie review of this and will they have to release him he is done with the... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jul 25, 2023

Your inquiry provides zero information about why the sentences were illegal or how that illegality might affect either the original length of sentence or eligibility for gain time. An experienced post conviction relief lawyer would need detailed information about the circumstances of the charges,... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Two counts of natural life without the possibility of parole for 25 years

The robbery is not paroleable,isn't this an illegal sentence

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jul 13, 2023

There is insufficient information to determine if the sentence is illegal. Life sentences imposed before the original guidelines were generally parolable, around 1984. Life sentences under the original guidelines had to "score" life, in which case there is no parole, roughly 1984-1998.... View More

1 Answer | Asked in Criminal Law for Florida on
Q: An officer gave me the choice of getting arrested. Or making a deal with a detective to do a drug deal for my freedom.

I was pulled over with paraphernalia, a small small amount of cocaine, an open container and my firearm. Wich I have a concealed for. The officer said I was facing 3 felonies and a misdemeanor. He gave me the option of letting me go free if I made a deal with a detective. The detective and I talked... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Aug 8, 2022

Yes, it sounds like a scare tactic. Yes, it sounds like a procedure to temporarily go free. Today, some cop might be wondering if you are going to call. if you don't, you just might get arrested on warrants for some or all of what they threatened at the time of the stop. You should retain an... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: How do I get a restraining order removed if I haven't had contact with the other person?

No contact in nearly 20 years.

Jeffrey H. Garland
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Jeffrey H. Garland
answered on May 19, 2022

Retain an attorney to file a motion to dissolve the injunction. Your attorney should guide you on whether it is feasible- it often is. Notice should be given to the Petitioner if possible, and the matter should be set for a hearing.

1 Answer | Asked in Criminal Law for Florida on
Q: My brother called me from jail and I agreed to talk to convince his victum to drop charges but didn't can I be charged

I was contacted by a detective and questioned but I did nothing but talk about doing something and never did it

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 2, 2022

You should consider that many jails record phone calls. Police can access and listen to these calls. Usually, the courts at first appearance impose no victim contact restrictions. This means no direct or indirect contact. The restriction applies even if the arrestee doesn’t bond out. For your... View More

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Florida on
Q: How much jail time can a first time offender receive if charged and convicted?

My ex just walked up into my home put his hands on me,, then proceeded to drag my daughter from her room. He was arrested and charged with burglary of an occupied dwelling with assault and battery, a first degree felony, he took off with my phone, so he was charged with petty theft and also charged... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 26, 2022

Burglary of a dwelling with an assault is punishable by life imprisonment. That’s the maximum potential sentence. This burglary charge would “drive” the sentencing. Also, this burglary is a violent crime of special concern. As the victim you should consult with the prosecutor and/or victim... View More

1 Answer | Asked in Criminal Law for Florida on
Q: I got served papers saying I was being charged with petit theft but I never did anything. Is there any thing I can do?
Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 29, 2022

Service of papers may mean that you are charged with a crime. The anything you can do is to read those papers for details. You might be able to go online at the clerk’s office to get more details. All that should tell you the what, when and how of this charge. So informed you could go to court... View More

1 Answer | Asked in Criminal Law for Florida on
Q: I have a case that includes 6 counts of paraphernalia possession. The prosecution is going to offer 5 of the counts be

Dismissed for either 45 days or 12 months of probation. If I reject the offer and say I want to go to trial, is it likely the prosecution may offer a better plea agreement? I'm not a resident of Florida and only here for a short time caring for my sister, but I want to get home to Wisconsin to... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 28, 2022

You need a lawyer and fast. Not the internet question answering kind. First, if all 5 paraphernalia charges are at the same time and place it should be just 1 charge. That’s because paraphernalia is both a singular and plural noun. The other matter is completely different and a felony. Please do... View More

2 Answers | Asked in Criminal Law for Florida on
Q: If a defendant has reason to believe that a substance in a trafficking methamphetamine case doesn't weigh what that

State is saying. How can a defendant compelled the court to actually prove the amount is correct? Can a defendant's lawyer bring measuring tool in during trial to weigh the substance out and prove the actual weight

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 25, 2022

Your lawyer would typically obtain a laboratory report long before trial. The report should identify the controlled substance and the weight. Separate containers with controlled substances should be weighed separately. One legal issue is whether amounts located in separate places can be aggregated.... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Can the PDs office represent me on a case and also represent my child's father on a separate case where I'm the victim

This is in Florida

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 16, 2022

It is likely a conflict of interest for the same PD Office to represent you on one felony charge and to attack your credibility on another felony charge where you are the complaining victim. You could advise the PD assigned to your case about this situation. That PD should recognize the conflict... View More

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