Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jeffrey H. Garland
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 »

View More Answers

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.

View More Answers

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 »

View More Answers

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 »

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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.

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.