Jeffrey H. Garland

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.

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• White Collar Crime
• Appeals & Appellate

• Federal Criminal

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  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

Since 1981

11th Circuit

Since 1983

U.S. Supreme Court

Since 1989

US District Court, Mid. District of Fla

Since 1983

US District Court, So. District of Fla

Since 1982

Attorney

The Law Office of Jeffrey H. Garland, P.A.

Current

University of Florida

J.D. (1980) | Law

1978 - 1980

University of Florida

B.S. (1978) | Chemistry

1975 - 1978

DISTINGUISHED Peer Rated for High Professional Achievement

Martindale-Hubbell

2018

Florida State Bar  # 320765

Member

1981 - Current

Criminal Trial Law

The Florida Bar

Q. Why was I arrested just because someone said I was the one who sold them a dump trailer that he was in possession?

20 June 2020

A: Your comments reflect your personal beliefs. Your comments do not reflect the actual evidence, or the lack of evidence on an issue. The State should have listed every witness. You should collect all actions and reports related to each witness, then consider what that witness proves. The trailer you described may require a title upon transfer. If so, the possession of such a trailer without proof of title is a huge problem and must be explained. The charge of possession of stolen property does not require proof that you stole the trailer. Along the same vein the facts you describe could also involve dealing in stolen property, which only requires proof that the accused knew or should have known that the property was stolen. If you can’t afford to retain an attorney I encourage you to go over all the evidence with your PD and give the PD to explain what the evidence means in the context of this case.

Q. if a circuit judge sentences a defendant improperly for a misdemeanor crime is there any recourse for the defendant ?

31 May 2020

A: A circuit judge has jurisdiction over cases involving at least one felony charge. In that sort of case you might have plead to a misdemeanor and been placed onto DOC probation. If you believe that the sentence was illegal, then you can file a notice of appeal within 30 days of sentencing. Speak with your lawyer who handled the case about the sentence and need for appeal. You are free to hire a new and independent lawyer either to correct the claimed sentence error or to handle the appeal.

Q. I have a warrant for arrest due to failure to appear would it be better to get legal representation or turn myself in.

26 May 2020

A: You best find out if there is a bond on that warrant. If so, you could surrender on the warrant, post the bond and deal with the lawyer later. If there is no bond, you definitely need to talk to a lawyer ASAP. Right now, many jails are locked down. It could be difficult to deal with retaining a lawyer from a locked down jail. Also, just getting a court hearing can be a challenge in some counties.