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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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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.

Education
University of Florida
J.D. (1980) | Law
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University of Florida
B.S. (1978) | Chemistry
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Professional Experience
Attorney
The Law Office of Jeffrey H. Garland, P.A.
Current
Certifications
Criminal Trial Law
The Florida Bar
Professional Associations
Florida State Bar  # 320765
Member
- Current
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Jurisdictions Admitted to Practice
Florida
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11th Circuit
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U.S. Supreme Court
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US District Court, Mid. District of Fla
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US District Court, So. District of Fla
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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.
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
Languages
  • English: Spoken, Written
Legal Answers
Q. In Florida if you are charged with a felony battery but its withheld adjutifacation are you still a felon?
A: If a person please guilty or no contest to felony battery, and if adjudication is witheld, then the person is not a "convicted felon" for the purpose of loss of civil rights and right to bear firearms in Florida. This assumes that the person has not been adjudicated guilty of any other felony as an adult or juvenile, and that the person has not been convicted of a domestic battery or other disqualifying offense or has a domestic violence injunction. The person may still be considered to be a felon for other purposes. So your question cannot be answered "yes" or "no". The answer is a little bit of both. If the exact parameters are important to you, then I would urge you to discuss the issue with an attorney retained for that purpose. You do not want to wrongly possess a firearm if you have been disqualified from doing so. There are other complex issues as to how a withold for felony battery might affect certain regulatory and licensing issues. Persons who want to be, or are, doctors, nurses, police etc may have special problems. You should consult an attorney as to how you might address your concerns in a regulatory or licensing context. Bottom line is that the answers to your question are far too complicated for a simple response.
Q. I was pull pulled over for speeding and after taking my license insurance and registration and all that came back clear
A: The officer would have had grounds to pull you over if you committed a driving infraction. You complain that the Officer conducted a drug dog walk around even though you refused to consent to a search. As a result the dog alerted. The car was searched and alledged drug paraphernalia found. An important issue in this situation is whether the Officer detained you longer than necessary to write the citation so that the dog search could take place. This issue may be far more complex than you are thinking. The Officer may claim to have extraneous information that you are not aware of. Also, a traffic detention may be extended if there is a problem with the DL, insurance or registration. I recommend you retain an skilled criminal defense attorney who can look into the matter, obtain discovery and make appropriate, and fully informed, recommendations.
Q. If evidence in a criminal case was obtained illegally but was revealed during the duration of the case; can newly
A: The problem may involve a Brady issue. Prosecutors are required to disclose evidence favorable to the defense. If your lawyer should have been able to figure it out, then the fault would lay with the defense lawyer. If the defense lawyer could not have figured it out through the exercise of due diligence, then the fault may lay with the prosecutor. You should confer with your lawyer to find out the specifics. There are time limits for direct appeal and for post-conviction relief. You might consider filing a post-conviction relief motion based upon either the State’s concealment of favorable information or your lawyer’s failure to move to suppress the evidence. These are complex issues and you will need experienced legal assistance.
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Websites & Blogs
Website
Blog
Significant cases
Contact & Map
2500 Rhode Island Avenue
Suite B
Fort Pierce, FL 34947
Telephone: (772) 489-2200
Fax: (772) 489-0610
505 Beachland Blvd.
#257
Vero Beach, FL 32963
Telephone: (772) 489-2200
Fax: (772) 489-0610
453 NW Prima Vist Blvd.
Port St Lucie, FL 34983-8731
Telephone: (772) 489-2200
Fax: (772) 489-0610