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
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- Civil Appeals, Federal Appeals
- Federal Criminal
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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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- U.S. Supreme Court
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- US District Court, Mid. District of Fla
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- US District Court, So. District of Fla
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- English: Spoken, Written
- Attorney
- The Law Office of Jeffrey H. Garland, P.A.
- Current
- University of Florida
- 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
- Florida State Bar # 320765
- Member
- - Current
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- Criminal Trial Law
- The Florida Bar
- Blog
- Significant cases
- Don’t Believe Everything You’re Told: Sayin’ It Don’t Make It So
December 27, 2022 - When Thieves Con the Cops
December 27, 2022 - Out-of-State Client Avoids Arrest On Felony Warrants / All Charges Dropped
December 27, 2022
- Q. A search warrant was served in a house i was living in, the police lied about an arrest warrant
- A: First off, the "I put on somebody else's shorts" defense is usually not a winner. But, through your lawyer, you can file a Franks motion challenging false statements in a search warrant application. You must establish that you had standing to challenge the search warrant. As is often the right answer, you need to talk to a lawyer about your options. That lawyer should get all the discovery, including the search warrant application and search warrant, before providing a solid answer.
- Q. An officer gave me the choice of getting arrested. Or making a deal with a detective to do a drug deal for my freedom.
- A: Yes, it sounds like a scare tactic. Yes, it sounds like a procedure to temporarily go free. Today, some cop might be wondering if you are going to call. if you don't, you just might get arrested on warrants for some or all of what they threatened at the time of the stop. You should retain an attorney to discuss this situation and your options. Depending on your record you could be looking at a lot of time. If you are already on bond for some other charge, you might have that bond revoked. If you are on probation, you might be arrested on a VOP and held without bond. All of this is why you need confidential and individualized advice.
- Q. How do I get a restraining order removed if I haven't had contact with the other person?
- A: Retain an attorney to file a motion to dissolve the injunction. Your attorney should guide you on whether it is feasible- it often is. Notice should be given to the Petitioner if possible, and the matter should be set for a hearing.
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