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Questions Answered by Jeffrey H. Garland
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... View More

Jeffrey H. Garland
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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... View 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
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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... View 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
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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... View 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... View More

Jeffrey H. Garland
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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... View 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
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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... View 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
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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... View 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
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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... View 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
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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
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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... View 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... View More

Jeffrey H. Garland
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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.... View 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
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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... View 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
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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... View 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
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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... View 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
PREMIUM
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... View 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
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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... View 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
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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... View 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
PREMIUM
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... View 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
PREMIUM
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,... View 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... View More

Jeffrey H. Garland
PREMIUM
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... View 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
PREMIUM
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.

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