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Questions Answered by Jeffrey H. Garland
1 Answer | Asked in Criminal Law for Florida on
Q: Why was I arrested just because someone said I was the one who sold them a dump trailer that he was in possession?

The man told the cops that my husband and I sold him a huge dump trailer that he was in possession of but he was never arrested for dealing in stolen property. My husband has served a year in county jail due to this accusation. When neither of us took anything. They keep trying to put me on... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Jun 20, 2020

Your comments reflect your personal beliefs. Your comments do not reflect the actual evidence, or the lack of evidence on an issue. The State should have listed every witness. You should collect all actions and reports related to each witness, then consider what that witness proves. The trailer you... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: if a circuit judge sentences a defendant improperly for a misdemeanor crime is there any recourse for the defendant ?

misdemeanor battery ... plea vop judge sentences to felony house arrest

Jeffrey H. Garland
Jeffrey H. Garland answered on May 31, 2020

A circuit judge has jurisdiction over cases involving at least one felony charge. In that sort of case you might have plead to a misdemeanor and been placed onto DOC probation. If you believe that the sentence was illegal, then you can file a notice of appeal within 30 days of sentencing. Speak... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: If I had identity theft and received a ticket due to this and now a warrant what would be my next step to getting lawyer
Jeffrey H. Garland
Jeffrey H. Garland answered on May 26, 2020

Your inquiry is not clear whether your license was suspended due to your own identity theft or due to someone else using your identity. In either event you need to find an attorney. You could obtain friend recommendations, search online, go to Justia or any number of places. Generally, the sooner... Read more »

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3 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: I have a warrant for arrest due to failure to appear would it be better to get legal representation or turn myself in.

Failure to appear is for tickets I did not know I had and I live in a different county and have no knowledge of the citations at all.

Jeffrey H. Garland
Jeffrey H. Garland answered on May 26, 2020

You best find out if there is a bond on that warrant. If so, you could surrender on the warrant, post the bond and deal with the lawyer later. If there is no bond, you definitely need to talk to a lawyer ASAP. Right now, many jails are locked down. It could be difficult to deal with retaining a... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I found out I have a warrant but it does not state what the warrant is for, what do I do?
Jeffrey H. Garland
Jeffrey H. Garland answered on May 24, 2020

Call a lawyer or a bail bondsman. The bondsman’s business is to help people post bail to get out of jail. You want to make sure what the bail is before you turn yourself in. It will be more difficult to make financial arrangements from jail. If bail is too high, you need to be talking with a... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Can cops detain me if I have done n ok thing wrong I need a lawyer asap they neglected my rights as a civilian

A cop followed me into a private neighborhood which I live at and I parked and got out and than he turnt his lights on approached me and started questioning me and forced me into handcuffs and threatened to taze me after I was already in cuffs

Jeffrey H. Garland
Jeffrey H. Garland answered on May 21, 2020

You are correct that you need an attorney. The lawyer will,hopefully, find out why police stopped you. You may be surprised to learn that the stop may be OK even if you did nothing wrong. The police have to establish whether they had reasonable suspicion or probable cause. The lawyer can review... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Can a felony charge of grand theft be amended from 3600 to 18,000 after I went to court and was agreed upon 3600.

At court the owner did not have witnesses that was January now today May 6 I'm told have to go to court for a letter written by a person who was never involved and now it's up to 18000. I went to jail, court and now on probation and paying. The owner is pinning all employee thefts on me... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on May 6, 2020

All of these concerns should have been addressed at the time you were put onto probation. I suggest you call the attorney who represented you at the change of plea in this case. That attorney should know whether the amount of restitution was “set “ or “open”. If the amount of restitution... Read more »

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: How can we find out if there is any motions to a case? I want to file an appeal for a retrial
Jeffrey H. Garland
Jeffrey H. Garland answered on Apr 24, 2020

You might call up you trial level lawyer and ask what sort of issues might work on appeal. During this conversation ask about motion, evidentiary rulings and so forth. You could also go onto the clerk’s electronic docket and download copies of all interesting documents. Being so informed you... Read more »

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4 Answers | Asked in Criminal Law for Florida on
Q: Hi so my daughter got arrested for attempted murder , how long can they hold her ?

She got detained for detention hearing , how long can they hold her until trial ( my daughter is being charged as a juvenile)

Jeffrey H. Garland
Jeffrey H. Garland answered on Apr 8, 2020

I am assuming that your daughter’s charges are in State court, and that the judge granted the State motion for pre-trial detention. If so they can hold until trial. There are some options. She could appeal the trial court’s ruling by filing a petition for writ of certiorari. She could file a... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I’m a green case and they didn’t give me my gain time for my five years I did do is that right

I did five years then I had to use paper I violated with more months left of paper with the battery charge they didn’t give me my game time for the five years how do I get that back I was supposed to only do two more months but now I’m doing 14

Jeffrey H. Garland
Jeffrey H. Garland answered on Apr 5, 2020

You’re getting up in years if yours is a “Green” case. Green held your gain time vested. They could not take your gain time away upon a violation of probation. The legislature changed that rule around 1989. If your offense occurred before the change in law, then you need to talk to a lawyer... Read more »

4 Answers | Asked in Criminal Law for Florida on
Q: I just got a petit theft and have 2 previous with 1hold adjudication. How can I get probation

I am also on disability, where can I find pro bono help or just give me your opinion.

Jeffrey H. Garland
Jeffrey H. Garland answered on Mar 22, 2020

If you can’t afford a private attorney, then apply for the Public Defender. Arrange for a confidential meeting where you can discuss your criminal history and the facts of the current situation. Only after being fully informed can a lawyer venture an opinion.

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4 Answers | Asked in Criminal Law for Florida on
Q: i was arrested for petty theft I have proof that it was not me but it’s been 4 months with no court date what can I do
Jeffrey H. Garland
Jeffrey H. Garland answered on Mar 18, 2020

Provide the evidence to your lawyer. Dismissals usually don't just magically happen on their own.

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3 Answers | Asked in Criminal Law for Florida on
Q: My child is 18 and they put him on hold for something he did as a minor will he be charged?
Jeffrey H. Garland
Jeffrey H. Garland answered on Mar 16, 2020

If he has a "hold", he is charged. No "maybe" about it. A hold is not an arrest. It is a notice to the jail, prison or facility that the requesting agency is to be notified before the person is to be released. The speedy trial period does not start until the person is actually... Read more »

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4 Answers | Asked in Criminal Law for Florida on
Q: My friend sold me some stuff that was stolden I didn't Kno it and I got a pawn loan and now I got a proble cause warrant

Do I need a lawyer or wat do I do

Jeffrey H. Garland
Jeffrey H. Garland answered on Mar 13, 2020

Run, don't walk. You need a lawyer. And you need to exercise your right to remain silent at least until you understand the legal issues related to the charge. The gist of a false statement to pawnbroker charge is declaring that property is yours when it isn't. Purchasing the stuff in good... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: can you be charged rico violation, trafficking, and running criminal enterprise. double jeopardy???? state level Florida

a person was charged with trafficking cannabis, trafficking herion, then got upgraded with rico and also running a criminal enterprise. she used the trafficking as predicate acts which they allowed to do in fl. but they using those some felonies for the running a criminal enterprise. Mind you all... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Mar 2, 2020

These are the kind of charges where you definitely need an experienced lawyer. In general, there is no double jeopardy problem with the charges, but there may well be for sentencing. There could be distinct advantages to having a RICO charge if the RICO charge trumps the trafficking mandatory... Read more »

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1 Answer | Asked in Domestic Violence for Florida on
Q: How can i get the no contact order lifted so i can return home? How can i get any info about if she presses charges?

I have a domestic battery charge against my sister who i live with with my son. I am not able to return home because of the no contact order with my sister. My son is still staying in the house so he can make it to school. I am in dade city fl which is pasco county.

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 29, 2020

Request your lawyer to file a motion to permit non-violent contact with your sister, who I am assuming is the alleged victim. Your sister should appear for the hearing. It will be up to the judge to determine whether to grant the motion.

1 Answer | Asked in Domestic Violence for Florida on
Q: Can I go to jail for missing a deposition & do I have to testify if I can't mentally deal with it?

Subpeona issued 2 times. The first time notified both attorneys that I was having surgery and could not attend. The message was taken by admin. staff in both offices. Second time, I began having severe anxiety that resulted in 2 panic attacks prior to the depo. I was mentally frozen and could not... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 25, 2020

Yes, there is the potential to go to jail if you willfully refuse to attend a hearing or deposition. The general symptoms you describe are serious, but should be discussed privately with your attorney in a confidential setting. There could be secondary consequences to a refusal to give testimony,... Read more »

2 Answers | Asked in Domestic Violence for Florida on
Q: Can I plead the 5th in a dv case that is very traumatic?

Subpena issued for me to give a statement in dv case against my ex who is in county jail. The emotional stress that I am going through is the worst with anxiety, sleep deprivation due to nightmares, agitation, panic attacks......I can keep going but no need. I do not want to say anything, I just... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 25, 2020

Whether you may invoke 5th Amendment protections depends upon a reasonable fear of prosecution. If you have such a fear, you need to confer confidentially with a qualified attorney to explore your options. There may be other consequences to a 5th Amendment invocation- such as a dismissal of the... Read more »

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4 Answers | Asked in Criminal Law for Florida on
Q: A Violation Of Probation happens due to a shoplifting charge but then is found non guilty what happens to the VOP?
Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 23, 2020

The acquittal of the shoplifting charge does not necessarily mean that the VOP will be dropped or dismissed. There are different burdens of proof. Still, the acquittal means that the Defendant is still in the game. Maybe the problems exposed at the jury trial will continue into the VOP with the... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: The police was raiding my brothers house..me and my boyfriend pulled up they put us in handcuffs then took my cell phone

And my gun and didn't give them back when they let us go

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 21, 2020

Not clear what your primary concern might be. The search of your car might depend on whether vehicle pulled into curtilage of place to be searched. The police can cuff someone temporarily under circumstances like where a search warrant is being executed. The gun could be temporarily seized, but... Read more »

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