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.
- 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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- 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
- -
- Associate
- Muller & Mintz, PA
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- Board Certified - Criminal Trial
- The Florida Bar
- DISTINGUISHED Peer Rated for High Professional Achievement
- Martindale-Hubbell
- St. Lucie County Bar Association
- Member
- - Current
- Florida Association of Criminal Defense Lawyers
- Member
- - Current
- Florida Bar, Trial Lawyers Section
- Member
- - Current
- Florida Bar, Criminal Law Section
- Member
- - Current
- Florida State Bar  # 320765
- Member
- - Current
- Florida
- 11th Circuit
- Trial Bar, United States District Court, Middle District of Florida
- Trial Bar, United States District Court, Southern District of Florida
- U.S. Supreme Court
- 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.
- 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
- English: Spoken, Written
- 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 ... 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. ... 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 ... Read More