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Questions Answered by Jeffrey H. Garland
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
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
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... Read 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... Read more »

Jeffrey H. Garland
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... Read 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
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... Read 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... Read more »

Jeffrey H. Garland
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... Read 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
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.... Read 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
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... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: My husband is being charged with attempt murder 2nd degree. It was a form of self defense. Will he have to serve time?

He was assaulted outside a bar . A guy punched him in the face and continued to strike him. My husband had a concealed license, pulled his gun fired a warning shot and then shot the guy who refused to back down . My husband fleed the scene however before police arrived

The state is... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Jan 9, 2022

Yours is an extraordinarily complex question which is fact sensitive. First off, if your husband doesn’t like his current lawyer’s assessment, he can hire a new lawyer to see how the new lawyer sees it. Second, you say this happened outside a bar and involved a concealed weapons permit. I think... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: Curious if I'm looking at actually going to jail.

I was arrested for assault on a police officer and resisting without violence. I'm a first time offender and I'm very nervous at what my punishment will be.

Jeffrey H. Garland
Jeffrey H. Garland answered on Jan 3, 2022

This is the time to go to court, not to jail. The process will indicate whether you will agree to go to jail, to get a dismissal, to get probation, or to go to trial. I urge you to retain an experienced lawyer to evaluate your situation. The lawyer, once fully informed, would be in a real position... Read more »

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1 Answer | Asked in Federal Crimes for Florida on
Q: In Florida if you are charged with a felony battery but its withheld adjutifacation are you still a felon?
Jeffrey H. Garland
Jeffrey H. Garland answered on Oct 20, 2021

If a person please guilty or no contest to felony battery, and if adjudication is witheld, then the person is not a "convicted felon" for the purpose of loss of civil rights and right to bear firearms in Florida. This assumes that the person has not been adjudicated guilty of any other... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: I was pull pulled over for speeding and after taking my license insurance and registration and all that came back clear

He then asked could he search my vehicle I told him no I well first I asked him what his probable cause was he said because he wanted to I told him no he brought the dog out and they alerted on my vehicle and he found a set of digital skills by the way this was not a patrol cop this was a narcotics... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Oct 18, 2021

The officer would have had grounds to pull you over if you committed a driving infraction. You complain that the Officer conducted a drug dog walk around even though you refused to consent to a search. As a result the dog alerted. The car was searched and alledged drug paraphernalia found. An... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: If evidence in a criminal case was obtained illegally but was revealed during the duration of the case; can newly

But wasn't revealed until after case had ended; can new evidence claim be filed if it would have changed outcome of case?

Jeffrey H. Garland
Jeffrey H. Garland answered on Jan 10, 2021

The problem may involve a Brady issue. Prosecutors are required to disclose evidence favorable to the defense. If your lawyer should have been able to figure it out, then the fault would lay with the defense lawyer. If the defense lawyer could not have figured it out through the exercise of due... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Hello i was arrested for agg assault with a firearm after i was attacked i had my concealed weapons permit and defended

Police took the attackers side and not my side of what happened

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

This is where you need to get an experienced criminal defense lawyer to address the facts of your situation one by one. Remember that police are not prosecutors or judges. Police can easily make a wrong decision in the heat of the moment. Your lawyer should position your evidence and witnesses in... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Last October my son was arrested for battery and still going to court. The person who accused him has not been to court

And no longer lives in state. He was offered 90 days. Can he somehow get this thrown out. He was arrested on 11/8/20 on new unrelated charges and was told the battery charge has to be taken care before he can have a bond on new charges

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

Your son’s problem is the new arrest while out on bond. That’s why he can’t bond out. The new arrest reveals nothing about the first arrest. Either the witness who moved out of state shows up for trial or not. Depending on Covid it might be quite some time before a trial is started. Whether... Read more »

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4 Answers | Asked in Criminal Law for Florida on
Q: Do I need a lawyer with me if the police want to question me about a crime
Jeffrey H. Garland
Jeffrey H. Garland answered on Oct 15, 2020

Unless you are absolutely sure they are not there to investigate YOU as the perpetrator, then YES, YOU NEED A LAWYER. The lawyer can help you understand how police conduct investigations, the terminology they may use, and how various answers might be interpreted.

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1 Answer | Asked in Criminal Law for Florida on
Q: in sentencing where time is run concurrent is credit also run concurrent

multiple F3 drug charges with felony vop

Jeffrey H. Garland
Jeffrey H. Garland answered on Oct 4, 2020

Credit for time served can differ from charge to charge. If it’s different, then running it concurrently does not change the difference. The differences can be more pronounced where the charges are unrelated or originate in different countries. A comprehensive plea agreement can sometimes resolve... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Hello. I have been charged with aggravated battery with firearm with great bodily harm in Florida.

Hello. I have been charged with aggravated battery with firearm with great bodily harm in Florida. I've posted a bail after a was arrested. This is what happened: there was a guy who was stalking me and my girlfriend. When he approached us I've pulled my glock and fired one round into... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Oct 3, 2020

You could hire a lawyer to explore your options. The law may have changed since you left the country. The lawyer needs to figure out if yours is a stand your ground case, or not. The lawyer needs to consider whether the old or new laws apply to your situation. Obviously, it’s a serious matter.... Read more »

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: How to drop charges for something he didn't commit?

for being framed

Jeffrey H. Garland
Jeffrey H. Garland answered on Sep 27, 2020

What happened is he possessed a package with a controlled substance. This scenario is not as uncommon as you might think. The best way to address this situation is through a qualified and experienced lawyer. There may be other facts that you may not be aware of. Even if the marijuana charge is... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can the police enter a home without hand delivered a search warrant ?
Jeffrey H. Garland
Jeffrey H. Garland answered on Sep 18, 2020

In Florida police cannot generally enter a home uninvited and without an exigent circumstance. First, the complaining person has to be living at the “home” to have standing to complain. Next, the police entries divide into those with search warrants and those without. Police with a warrant get... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If you get violated on a technical violation with a split sentence what happens
Jeffrey H. Garland
Jeffrey H. Garland answered on Sep 15, 2020

The “what happens” is not a ‘one size fits all’ or does it yourself’. You need to direct this question to your retained attorney. Many factors could affect the outcome. A case sentenced in the last 11 months might be treated differently than earlier sentenced cases. Of course, the kind of... Read more »

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