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Jeffrey H. Garland

Jeffrey H. Garland

Fighting for your rights
  • Criminal Law, White Collar Crime, Appeals & Appellate
  • Florida
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Client Reviews
Michael G. November 24, 2020
He Helped Me When My Public Defender Wouldn't I contacted Mr. Garland's office after 13 months of poor representation from a public defender. Mr. Garland found a solution during our first meeting. Today, the charges were dropped. I know that, had I continued with my public defender, I would never had resolved my case successfully. Thank you, Mr. Garland!
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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
-
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
66 Questions Answered
Q. Is weed smoke probable cause for a traffic stop? And why don’t police have to have their Dash Cam on during stops?
A: Yes, marijuana smoke is probable cause for a car search. Usually, the odor of marijuana smoke is detected after a car stop for some other reason. A medical marijuana card does not allow consumption in a vehicle. While the odor of burnt marijuana may persist from previous use, the presence of marijuana smoke would indicate present use. As to the use of police dash cams, it would depend on which agency and what the agency rules might be. Fla Hwy Patrol requires dash cams to be on during a stop. Most other agencies do not routinely install dash cams on patrol cars, except those used primarily for traffic enforcement. There is a significant difference between the use of dash cams and body cams. Your inquiry does not refer to body cams. You or your lawyer could obtain individual agency procedures via public records requests. You may need to follow up with requests for maintenance records if the officer asserts that the dash or body cam was malfunctioning. ... Read More
Q. Male officers stripped searched a girlfriend of mine looking for track marks after her husband overdosed in their home.
A: You are writing about someone else. It's not clear what you are asking for. If these allegations are true, your friend could file an internal affairs complaint against those officers involved. The IA investigation would require her cooperation. Most agencies do not authorize turning off body cameras in the middle of an event except for specified reasons. Your friend could retain a lawyer to investigate a suit against the officers and agency involved. The lawyer could make public records requests for the body cam recordings. You don't say whether the overdose resulted in death. Obviously, this entire incident would arise during the middle of a homocide investigation if there was a death. The police could claim an ongoing investigation privilege to delay disclosure of records and recordings. If this all did happen at a homocide scene, these activities might constitute especially callous and indifferent police behavior. Your description of events is vague and secondhand, but may indicate grounds to investigate criminal activities by those vested with power to protect the public. Yes, your friend has reason to fear retribution. Any group of officers who might unabashedly be involved in such behavior might have no inhibitions against some form of retaliation. ... Read More
Q. Would a civil restitution lien order automatically be filed by the court or is this something I may have to do?
A: Your question should first be directed to the prosecutor with whom you "decided to take the partial payment". You should find out if a civil judgment lien was entered for the higher amount you are seeking at this time. If a higher amount of restitution was not agreed to as part of the plea, you should ask the prosecutor whether the criminal court still has jurisdiction to do anything, since the criminal case was concluded 2 years ago. There are civil remedies for victims of criminal conduct. You may wish to consult a civil attorney to find out if you are able to pursue a civil case at this point. You might want to discuss with the civil attorney whether the statute of limitations would bar a civil suit. The lesson for others is not to wait years to pursue claims. You could have filed a civil suit anytime while the criminal case was pending, under the facts you've set forth. The clerk is not likely going to give you legal advice on any of these issues. Whether a lien was entered can easily be determined by reviewing the clerk's online docket. Best of luck. ... 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 (Today)
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
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 (Today)
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
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 (Today)
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed
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