Jeffrey H. Garland
Fighting for your rights
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
- Credit Cards Accepted
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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. 5-year offer for probation violation due to failed urine analysis
- A: The information provided is far to sparse to have any thoughts. It makes a difference what the prior record is, how he scored under the guidelines, whether the original sentence was suspended and whether the probation is foe violent crime of special concern. All that said, there are opportunities for less serious offenders to modify probation, serve some jail time or terminate probation. There is always the issue about whether the urine sample was properly tested or he had a prescription for whatever it was. He needs an attorney to go over all of these issues.
- Q. What legal outcomes should I expect for Florida misdemeanor possession charges and past violation of probation?
- A: No one knows what legal outcomes might be because the person answering that would need to know everything about the case, your background and your personal goals and risk tolerance. I suggest that you retain a criminal defense attorney in that area. That lawyer ought to be able to give you an opinion and options.
- Q. Can FL state attorney change charges based on new lab results before trial?
- A: Oftentimes the lab testing isn't done until just before trial So it's not uncommon for the lab results to be different than the arrest affidavit. It could be a different drug or a mixture of drugs or no drug at all. Also, the weights might come back different, which might be especially important in a trafficking case. The prosecutor should amend the information before trial when the lab results come back materially different. Whether the different lab results prejudice the defense is something you should discuss with your lawyer. Yes, you should be "arrested" on the new charge and the old charge should be dismissed. The State could run into a statute of limitations problem ... Read More
