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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  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

Trial Bar, United States District Court, Middle District of Florida

Since 1983

Trial Bar, United States District Court, Southern District of Florida

Since 1982

U.S. Supreme Court

Since 1989

Attorney

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

2008 - Current

Senior Attorney

Kirschner & Garland, PA

1990 - 2007

Senior Attorney

Jeffrey H Garland, PA

1985 - 1990

Chief Assistant, Fort Pierce Office

Office of Public Defender, 19th Judicial Circuit

1981 - 1985

Associate

Muller & Mintz, PA

1980 - 1981

University of Florida Levin College of Law

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

St. Lucie County Bar Association

Member

2010 - Current

Florida Association of Criminal Defense Lawyers

Member

2009 - Current

Florida Bar, Trial Lawyers Section

Member

1990 - Current

Florida Bar, Criminal Law Section

Member

1985 - Current

Florida State Bar  # 320765

Member

1981 - Current

Board Certified - Criminal Trial

The Florida Bar

2014

Q. What kind of lawyer do I need for a case of Failing to Stop and fleeing and eluding charge

November 17, 2024

A: You will need a criminal defense attorney. The failing to stop might be a non-criminal citation or a criminal charge. If it is a citation, it will likely be in a different court. The flee & elude is a felony charge. Your lawyer could move to consolidate the citation with the felony. Some judges would grant such a motion; most judges would deny it. If the failing to stop is a misdemeanor, the prosecutor might drop it if it is part and parcel of the felony. If the prosecutor wants to go forward on both the flee & elude, and misdemeanor version of failing to stop, then they would likely be consolidated together. You can retain an attorney to handle the case even though you are in a different time zone. You may have to appear for court at some point in time. Most felony judges will accept a waiver of appearance for routine proceedings, and some will allow you to appear by zoom. Ask your lawyer for the routine practices of the judge handling the case. Good luck. ... Read More

Q. Is it legal to be charged for the same charge in two different states

November 4, 2024

A: Yours is a complex question suitable for law school. The starting point would be the status of the two states as sovereign entities under the US Constitution. Each State has the right to enforce its laws. The limit of a State’s power to prosecute is likely a product of both jurisdiction and due process. The State court jurisdiction is probably set by its own constitution and statutes. If either, or both, of the States do not have jurisdiction under its own law, then one or both States would lack jurisdiction to prosecute. Regardless of the State law, federal due process, equal protection and privileges and immunities would likely prevent a State from prosecuting a citizen of another State when the alleged crime causes no criminal effect in the prosecuting State, and when there is no intent for a criminal effect in the prosecuting State. The opposite could be true if the is an effect, or an intent to cause an effect, in multiple States. In such a situation a person could be subject to prosecution in more than one State, and possibly by the federal government as well. What you call the “same charge” may be a point of confusion. Each of the various States has its own criminal code, as does the federal government, so the prosecution of similar crimes in different States could not be the “same charge” because of differences in criminal codes and constitutions, application of federal constitutional principles. As an example, a person standing just inside Florida could shoot at a person just inside Georgia with intent to murder. Both States would have jurisdiction to prosecute, but under different statutes and for different jurisdictional reasons. Alabama couldn’t prosecute for the shooting if there were no effects in Alabama. But if there were a conspiracy to commit murder, which spanned all three States, then all three could prosecute the conspiracy. Not sure why you would be interested in this, but I hope this is helpful. ... Read More

Q. About two years ago My soon to be ex wife moved to down south Florida and filed a domestic violence injunction against m

September 30, 2024

A: You probably need an attorney or two, First off, the writ of bodily attachment is not a criminal matter: it usually indicates some kind of support issue. The writ can be resolved by paying a "purge" amount which bears some relation to the arrearage. You could get a hearing on the amount, but that could leave you in jail until the hearing. It would be something to talk to your lawyer about. The other part- about the State Attorney and convictions- could indicate a criminal matter. There's not enough information to even guess about it. So your best bet is to retain a criminal defense attorney to go all of this. Things might not be as bad as you think...or maybe they are. The lawyer needs to have the whole picture before trying to recommend an approach. Your reference to injunctions is something else altogether. You may find that confronting the problem may be your best move. You are entitled to an evidentiary hearing on the injunction. Your soon to be ex would have to prove her allegations. I hope this helps. ... Read More