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. I have been charged with the same charges of which I have already been convicted on and I was re-arrested
- A: 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 the same charges for the same conduct, then double jeopardy may bar a second prosecution. I'm not sure how your lawyer would not have realized that problem if you had brought up the issue. The double jeopardy issue could range from straightforward and simple, to confusing and complex. Whatever you decide to do, you need to do the due diligence now, and certainly while the lawyer would still have ... Read More
- 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
- A: 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, pleas or trials, any appeals and previous post conviction relief motions. The usual 2 year limitation does not apply to challenging an illegal sentene, as long as the same issue has not been previously raised and denied.
- 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
- A: 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 would have been 30 years. As important as these considerations would be, the sentencing guideline calculations from way back then could be more important. 30 years ago was a completely different sentencing scheme. There could be an error in the offense computation which could affect the recommended and permitted sentencing ranges. You need help on this from an experienced post conviction relief lawyer. ... Read More
