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Questions Answered by Jeffrey H. Garland
2 Answers | Asked in Criminal Law, Civil Litigation, Landlord - Tenant and Real Estate Law for Florida on
Q: Arrested for illegal dumping; wrong property parking; court date upcoming.

I was arrested for illegal dumping because my camper trailer was parked on the wrong property; I had permission from someone for a nearby undeveloped land location. Without receiving any paperwork at the time of arrest, I spent 5 days in jail and upon release was also told I was trespassed from the... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on May 26, 2025

Your first steps are to get a criminal defense lawyer and show the lawyer the evidence you have. I assume you are saying it was OK to dump on your friend’s property. You might want to check the local city or county code to see if the action would have been OK if you had been where you thought you... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: Can I obtain a firearm despite a felony conviction 40 years ago?

I was convicted of Theft by unlawful taking as a felony 40 years ago but have had no other negative contact with police since then. I am interested in obtaining a legal firearm for home protection and deer hunting. Is there any legal path I can take to make this possible?

Jeffrey H. Garland
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Jeffrey H. Garland
answered on May 1, 2025

You don't indicate which State or federal court this took place in. You could start by contacting the clerk for that court to see obtain copies of the sentencing documents. You may not have been "convicted" in a way that would deprive you of your 2nd Amendment rights. In Florida, you... View More

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2 Answers | Asked in Criminal Law, Employment Law, Immigration Law and Civil Rights for Florida on
Q: Is it illegal to file a false police report in Florida?

My son is currently incarcerated after being charged with battery by his domestic partner, an immigrant from Venezuela, who wanted him to marry her so she could remain in the U.S. When he refused, she called the police and accused him of battery. He has witnesses to prove he was not present at the... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Apr 29, 2025

You could retain a skilled lawyer who will focus on your son's case. A significant fact, which you might not know, is that immigration law gives nearly automatic status to a person claiming to be a "victim" of domestic battery. So your son's former domestic partner can get what... View More

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2 Answers | Asked in Appeals / Appellate Law and Constitutional Law for Florida on
Q: Can I still appeal a double jeopardy issue post-conviction in Florida?

I was originally tried in Miami-Dade County, Florida, where a mistrial was declared following an improper Richardson hearing conducted by my attorney from the public defender's office. My attorney moved for a mistrial, citing a violation of double jeopardy rights evident on the record. I was... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Apr 29, 2025

You can always raise issues in post conviction relief whether good or bad. The more focused part of your scenario deals with the motion for mistrial. Oftentimes, the motion for mistrial is a waiver of the double jeopardy claim. In your scenario you do not clearly state the reason for the mistrial,... View More

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3 Answers | Asked in Criminal Law for Florida on
Q: Can FL state attorney change charges based on new lab results before trial?

In Florida, my case is set for trial. The original charge was for synthetic Cathinone, based on a positive field test by an officer. However, recent lab results from the FDLE show it tested positive for cocaine instead. Can the state attorney change the charge from synthetic Cathinone to cocaine... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Apr 3, 2025

Oftentimes the lab testing isn't done until just before trial So it's not uncommon for the lab results to be different than the arrest affidavit. It could be a different drug or a mixture of drugs or no drug at all. Also, the weights might come back different, which might be especially... View More

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2 Answers | Asked in Constitutional Law and Appeals / Appellate Law for Florida on
Q: Recent rulings in Marcus Mays PRR case by Florida Supreme Court?

I am looking for recent rulings in the Marcus Mays case by the Florida Supreme Court concerning the unconstitutionality of the PRR, which might make his sentence illegal. This is important to me because I am facing a similar situation.

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 19, 2025

I looked at the Marcus Maye decision in the district court and listened to the recent oral argument before the Fla S Ct. The DCA opinion reviewed the denial of relief filed by a person whose case is from 2003. The DCA said PRR sentence was good. Fla S Ct oral arguments dealt with issues such as... View More

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4 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 19, 2025

Yes, he’s looking at jail or prison time. Actually, his maximum exposure exceeds 500 years. If he’s innocent, he could go to trial for the theft charges. But the escape and marijuana charges are likely not directly related to the thefts. Hence, he could get off the theft charges and still have... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Florida on
Q: How to address fabricated evidence in my son's 2015 case in FL?

I discovered a few months ago that an investigator fabricated audio recordings used against my son, who was sentenced to 18 years in West Palm Beach in 2015. These false evidence findings are now part of the public record. Despite hiring several lawyers over the years, it was only recently revealed... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 16, 2025

The usual method is a motion for post conviction relief under Rule 3.850. Normally, there is a time limit of 2 years from the date your son's case. That time limit does not apply when there is newly discovered evidence which could not have been discovered earlier through the exercise of due... View More

1 Answer | Asked in Federal Crimes for Florida on
Q: Please see below

The prison releasee reoffender (PRR) act was revived and readopted as official state law on may 5, 2000, as encacted in session law for chapter 2000-246, section 3 laws of Florida.

The Florida Legislature scheduled the enactment of the PRR act to become effective as law on October 1, 2000.... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 11, 2025

The maximum sentence at the time of offense controls. Since PRR does not increase the maximum sentence, the maximum sentence was probably life. However, the PRR classification created a mandatory minimum sentence of life. Your defendant may be entitled to a motion to correct sentencing error,... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: Search warrant

My friend took a 15 year prison plea deal believing that the police had a warrant to find the ''evidence'' in his phone. He never seen the warrant and now that he's in prison he decided to review his discovery. I been helping from out here. The warrant was not included in... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 7, 2025

Your friend needs to consider post conviction relief if the lack of a search warrant was a significant aspect of the case. Keep in mind that the case might have been prosecutable for other reasons, or the police may claim he consented to the search. To your question, maybe there's a search... View More

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Police lie about having a warrant

OK so the detective accessed my cousins phone and found incriminating evidence. The forensic unit ''cracked'' the phone then the detective got a search warrant 4 months later(her words in the depo). But when the detective wrote the complaint affidavit for the new charges she... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 16, 2025

What you've described could support post conviction relief (PCR). It could be important whether your cousin was tricked into "consenting" to a phone search. The State would argue that no search warrant is needed for a consensual search. It might be significant how long ago these... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: My son is in a MI jail waiting to be extradited to FL on probation violation. How many days can he be held?
Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 14, 2025

That depends on whether he has local charges, whether the judge set an extradition bond, whether he has waived extradition, and whether Fla wants to come get him. If he doesn't have MI charges, and he can't bond out, then he could consider waiving extradition if he wants to hurry up the... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: When a drug charge is dropped but they keep the paraphenlia charge which was the bags it was in is this legal
Jeffrey H. Garland
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Jeffrey H. Garland
answered on Dec 8, 2024

You might be happy that the drug change is dropped. If there was no basis for the cop to suspect drugs were in the bag, then by all means defend the case on that basis. What makes paraphernalia illegal is its association with illegal drugs. Do keep in mind that some paraphernalia may not have come... View More

1 Answer | Asked in Criminal Law for Florida on
Q: What kind of lawyer do I need for a case of Failing to Stop and fleeing and eluding charge

I’m also in a Completely different time zone which makes it harder to Consult these matters

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Nov 17, 2024

You will need a criminal defense attorney. The failing to stop might be a non-criminal citation or a criminal charge. If it is a citation, it will likely be in a different court. The flee & elude is a felony charge. Your lawyer could move to consolidate the citation with the felony. Some judges... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Is it legal to be charged for the same charge in two different states
Jeffrey H. Garland
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Jeffrey H. Garland
answered on Nov 4, 2024

Yours is a complex question suitable for law school. The starting point would be the status of the two states as sovereign entities under the US Constitution. Each State has the right to enforce its laws. The limit of a State’s power to prosecute is likely a product of both jurisdiction and due... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: About two years ago My soon to be ex wife moved to down south Florida and filed a domestic violence injunction against m

Me and has presently filed violations of that injunction against me that aren't true and I didn't do well they had a hearing down there and said I did commit those violations and now I have two warrants from down south for writ of bodily attachment for the violations. And 2nd off when she... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Sep 30, 2024

You probably need an attorney or two, First off, the writ of bodily attachment is not a criminal matter: it usually indicates some kind of support issue. The writ can be resolved by paying a "purge" amount which bears some relation to the arrearage. You could get a hearing on the amount,... View More

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
PREMIUM
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

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
PREMIUM
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
PREMIUM
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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