Jeffrey H. Garland

Jeffrey H. Garland

Fighting for your rights
  • Criminal Law, White Collar Crime, Appeals & Appellate
  • Florida
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Biography

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.

Practice Areas
    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
Additional Practice Area
  • Federal Criminal
Fees
  • Credit Cards Accepted
  • 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.
Jurisdictions Admitted to Practice
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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Languages
  • English: Spoken, Written
Professional Experience
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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Education
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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Professional Associations
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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Certifications
Board Certified - Criminal Trial
The Florida Bar
Websites & Blogs
Website
Blog
Significant cases
Legal Answers
60 Questions Answered
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 the opportunity, after full consideration, to file those motions deemed appropriate to address your concerns and the potential double jeopardy issue. ... 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. There could be grounds for relief, or maybe not, depending on all the circumstances, including the criminal history and victim injury computations. ... Read More
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Contact & Map
The Law Office of Jeffrey H. Garland, P.A.
Fort Pierce, FL Office
2500 Rhode Island Avenue
Suite B
Fort Pierce, FL 34947
Telephone: (772) 489-2200
Fax: (772) 489-0610
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM (Today)
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed
The Law Office of Jeffrey H. Garland, P.A.
Vero Beach, FL Office
505 Beachland Blvd.
#257
Vero Beach, FL 32963
Telephone: (772) 489-2200
Fax: (772) 489-0610
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM (Today)
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed
The Law Office of Jeffrey H. Garland, P.A.
Port St Lucie, FL Office
453 NW Prima Vist Blvd.
Port St Lucie, FL 34983-8731
Telephone: (772) 489-2200
Fax: (772) 489-0610
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM (Today)
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed