Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Jeffrey H. Garland
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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

View More Answers

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
PREMIUM
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

View More Answers

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
PREMIUM
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
PREMIUM
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
PREMIUM
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

View More Answers

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
PREMIUM
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

View More Answers

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
PREMIUM
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

View More Answers

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
PREMIUM
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: Can a lesser offense still receive 10-20-Life sentence in FL?

Can a person be convicted of aggravated battery with discharging a firearm causing great bodily harm, a lesser included offense of second-degree attempted murder with a firearm, and still receive a mandatory sentence under Florida's 10-20-Life statute, especially for a first-time offender? In... View More

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Feb 15, 2025

Yes, if the information made the allegations and the verdict form made the necessary findings. This is a point that should have been discussed before trial. There is no first offender exception.

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
PREMIUM
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 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
PREMIUM
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: 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
PREMIUM
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: 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
PREMIUM
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

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.