Jeffrey H. Garland
Fighting for your rights
Mr Garland considers every case as different and potentially unique. It is often useful to focus on the core issue that a case presents. In a particular case it may be to simply admit that the accused did the "act" being charged, but to point out how that act is protected by the Constitution, by a privilege, or by a statutory right.
The war on crime has many victims. Overall, statistics show that crime has dropped over the past 30 years. Yet arrests must be made to justify the existence of, and funding for, the police-prison industrial complex. Many arrests are made on bare "probable cause" with little investigation to explore other suspects or other non- criminal explanations.
With a degree in chemistry Mr Garland has established a pattern of disputing poor scientific methods and conclusions not supported by research. Scientific evidence appears in just about every criminal case more complex than jay walking.
Other cases involve broader questions of constitutional rights. Why are some police so quick to charge firearm violations for people with no record? In an unsurprising number of cases the arrest violates the person's second amendment rights. Many cases involve such fundamental rights such as privacy, practice of religion, free speech and association. The exercise of constitutionally protected rights is frequently a valid defense to an arrest. Our constitutions do, in fact, retain the power of the government.
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- White Collar Crime
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Federal Criminal
- Credit Cards Accepted
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Rates, Retainers and Additional Information
Fees are determined on a case by case basis. Cases involving complex facts, extensive discovery, and novel legal issues are necessarily more time intensive, and therefore more expensive. Consider that the attorney charging a low fee might be expecting to use a cookie cutter approach. The consumer should be aware that legal costs increase with novelty and complexity. The goals of representation should always be explored before the retainer agreement is signed.
- Florida
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- 11th Circuit
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- Trial Bar, United States District Court, Middle District of Florida
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- Trial Bar, United States District Court, Southern District of Florida
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- U.S. Supreme Court
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- English: Spoken, Written
- Attorney
- The Law Office of Jeffrey H. Garland, P.A.
- - Current
- Senior Attorney
- Kirschner & Garland, PA
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- Senior Attorney
- Jeffrey H Garland, PA
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- Chief Assistant, Fort Pierce Office
- Office of Public Defender, 19th Judicial Circuit
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- Associate
- Muller & Mintz, PA
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- University of Florida Levin College of Law
- J.D. (1980) | Law
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- University of Florida
- B.S. (1978) | Chemistry
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- DISTINGUISHED Peer Rated for High Professional Achievement
- Martindale-Hubbell
- St. Lucie County Bar Association
- Member
- - Current
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- Florida Association of Criminal Defense Lawyers
- Member
- - Current
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- Florida Bar, Trial Lawyers Section
- Member
- - Current
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- Florida Bar, Criminal Law Section
- Member
- - Current
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- Florida State Bar # 320765
- Member
- - Current
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- National Association of Criminal Defense Lawyers
- Member
- - Current
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- Board Certified - Criminal Trial
- The Florida Bar
- Q. Is it illegal to file a false police report in Florida?
- A: You could retain a skilled lawyer who will focus on your son's case. A significant fact, which you might not know, is that immigration law gives nearly automatic status to a person claiming to be a "victim" of domestic battery. So your son's former domestic partner can get what she wants by making a claim of domestic violence. Alibi is the defense your son is claiming. The witnesses you mention should be interviewed, identified and listed as witnesses, along with any other evidence which would support the alibi claim. By the way it is a crime to make false claims to police officers or under oath, whether the declarant has legal status or not.
- Q. Can I still appeal a double jeopardy issue post-conviction in Florida?
- A: You can always raise issues in post conviction relief whether good or bad. The more focused part of your scenario deals with the motion for mistrial. Oftentimes, the motion for mistrial is a waiver of the double jeopardy claim. In your scenario you do not clearly state the reason for the mistrial, nor the reason why the issue was not raised on appeal. There is a 2 year limitation on Rule 3.850 claims. There are several exceptions, such as some double jeopardy claims and issues which could not have been discovered previously through the exercise of due diligence. Due to the complexity of the issues, and the probable waiver and time bar issues, you need to consult with a skilled attorney to determine ... Read More
- Q. Can FL state attorney change charges based on new lab results before trial?
- A: Oftentimes the lab testing isn't done until just before trial So it's not uncommon for the lab results to be different than the arrest affidavit. It could be a different drug or a mixture of drugs or no drug at all. Also, the weights might come back different, which might be especially important in a trafficking case. The prosecutor should amend the information before trial when the lab results come back materially different. Whether the different lab results prejudice the defense is something you should discuss with your lawyer. Yes, you should be "arrested" on the new charge and the old charge should be dismissed. The State could run into a statute of limitations problem ... Read More
