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
- Appeals & Appellate
- 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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- 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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- English: Spoken, Written
- 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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- 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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- DISTINGUISHED Peer Rated for High Professional Achievement
- Martindale-Hubbell
- 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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- Board Certified - Criminal Trial
- The Florida Bar
- Q. Police lie about having a warrant
- A: What you've described could support post conviction relief (PCR). It could be important whether your cousin was tricked into "consenting" to a phone search. The State would argue that no search warrant is needed for a consensual search. It might be significant how long ago these things happened. There are time periods for filing PCR motions. It would definitely be important to know what all the other evidence was and whether that evidence was sufficient to prove the case independently of the cell phone search. I suggest that you retain an experienced PCR lawyer to discuss these facts to whether they justify filing a PCR motion.
- Q. My son is in a MI jail waiting to be extradited to FL on probation violation. How many days can he be held?
- A: That depends on whether he has local charges, whether the judge set an extradition bond, whether he has waived extradition, and whether Fla wants to come get him. If he doesn't have MI charges, and he can't bond out, then he could consider waiving extradition if he wants to hurry up the process. If he actively opposes extradition, then he can be held for 30 days which can be extended by 60 days. Local practice is important in these cases. You may want to speak with an attorney in the jurisdiction where your son is being held. By the way he can't be extradited on a misdemeanor.
- Q. When a drug charge is dropped but they keep the paraphenlia charge which was the bags it was in is this legal
- A: You might be happy that the drug change is dropped. If there was no basis for the cop to suspect drugs were in the bag, then by all means defend the case on that basis. What makes paraphernalia illegal is its association with illegal drugs. Do keep in mind that some paraphernalia may not have come into contact with drugs… yet. An example is plastic bags which are available for use in packaging drugs for sale. Whether that is true in your case only you would know. Such information should only be disclosed confidentially to your lawyer. So you ask whether bags are always illegal. To this the obvious answer is no. Related issues involve the legality of the stop and/or search. It is also significant ... Read More
