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Questions Answered by Jeffrey H. Garland
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 »

1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: If a officer pulls over a vehicle & ask to see drivers license but notice a green substance (marijuana) does that give

Them probable cause to search passengers & the vehicle?

Jeffrey H. Garland
Jeffrey H. Garland answered on Sep 14, 2020

There are ample cases saying that there would be probable cause in such a situation. The legalization of hemp and medical marijuana might change these rulings over time. If there is pc to search the car, then the police can have passengers exit and they can be subjected to a protective search. The... Read more »

2 Answers | Asked in Traffic Tickets, Criminal Law and Collections for Florida on
Q: License suspension due to non-payment of court cost?

I have outstanding court costs that have gone to collections from 2010 to 2017 I was wondering if there was any way that I can get my license back without having to pay the full amount do to me living on social security income

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

Different clerk offices have different policies. Call the clerk’s office for information about payment plan or community service. Sometimes a clerk may have a forgiveness weekend. Your problem might be more complicated if more than 1 clerk is involved. It would all have been easier if you had... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: So I make an out of court admission then it falls in to hands of the police, am I protected by the constitution?
Jeffrey H. Garland
Jeffrey H. Garland answered on Sep 3, 2020

Relevant evidence is generally admissible unless excluded by privilege, unfair prejudice or some statutory or constitutional protection. Your inquiry seems to admit that you made an admission. That seems pretty incriminating to the extent it may show your involvement with criminal activity. You... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: can I get charged with the drugs that I overdosed on and is it child neglect if no children were home

They didn't take the drugs off of me they let me go to the county jail with the drugs on me after I told them I had them

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

If police can prove you possessed controlled substances without a prescription, then obviously you may be charged. People who neglect their children due to drug abuse may be charged with child neglect. It very much sounds like you need to be consulting face to face with a lawyer. If the children... Read more »

3 Answers | Asked in Criminal Law for Florida on
Q: My cousin was charged Lewd & lascivious molestation charge in florida. I know my cousin well, and it is not in characte

What are his defense options?

How can my cousin be exonerated of these alleged accusations?

How can I help my cousin?

Jeffrey H. Garland
Jeffrey H. Garland answered on Aug 28, 2020

Your cousin can do nothing and put his head in the sand. Or your cousin can consult with a criminal defense lawyer experienced in this type of case. Of course, review of the accusations is important. The lawyer can recommend possible responses. Potential responses might involve a computer expert,... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: If I was served a warrant for an alleged crime out of county aren’t I entitled to a police report or probable cause

I was charged with a fleeing and eluding charge and driving without a license from out of my county. I believe this happened when my vehicle was stolen as I would remember if I ran from police. I was picked up on the warrant and was never given copy of the police report , or given any kind of... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Aug 18, 2020

You are asserting your innocence. The innocent and falsely accused need an attorney more than those who might have some degree of involvement. You start the process by retaining a specialist criminal defense attorney who will document and structure your defense; and also make sure no court dates... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: If i have a felony warrant in Fl, can i still fly from alaska to hawaii?
Jeffrey H. Garland
Jeffrey H. Garland answered on Aug 4, 2020

You can fly, but you might be arrested if your name is “run” and the warrant comes up. But it is a domestic flight. So if no one runs a warrant check, then you’ll arrive on time. Your call.

1 Answer | Asked in Criminal Law for Florida on
Q: Is their a timeframe I have to file a post conviction relief motion once my case ends?
Jeffrey H. Garland
Jeffrey H. Garland answered on Aug 4, 2020

To preserve your federal rights you must make a properly filed claim within 1 year of your case becoming final. Your State claim must be filed within 2 years of becoming final. The rules for calculating finality differ between the State and federal systems. Generally, finality doesn’t happen... Read more »

2 Answers | Asked in Domestic Violence for Florida on
Q: Falsely accused of Domestic Violence when my spouse told the cops and DA that it didn't happen.

I was arrested for Public intoxication, resisting arrest and Domestic Violence which none of this happened. There are witnesses that to this, that could testify that this didn't happen but the DA is still trying to prosecute the incident.

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

You should retain an experienced criminal defense attorney ASAP. It could surprise you that the innocent need at least the same level of defense as the guilt.

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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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