Death Penalty Reversed

On November 8, 2018, the Florida Supreme Court issued a 15-page opinion reversing the death penalty imposed upon Eriese Alphonso Tisdale. Attorney Jeffrey H. Garland represented Mr. Tisdle on this appeal. Mr. Garland anticipates filing a petition before the United States Supreme Court seeking certiorari review. Mr. Garland will argue that any resentencing proceeding would.. read more →

Motion to Suppress Fenced Yard Wins Case

St. Lucie County deputies went to Armando Ring’s (not his real name) house on 4/5/18 to execute a misdemeanor arrest warrant for failure to appear. The deputies did not have a search warrant. As shown in the picture, Ring’s house was fenced, gated and posted against trespassers. The deputies disregarded the gate, fence and no.. read more →

Indian River Criminal Defense Attorney Defends Second Amendment Rights

The client was upset that he was denied the opportunity to buy a firearm due to an erroneous background check. He retained Jeffrey Garland to “fix it”. Garland tracked the problem to a 1976 Martin County arrest for more than five grams of cannabis. At the time, that was a felony, but the records showed.. read more →

18 Sep 2018
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Motion to Suppress Squelched Out-of-Jurisdiction Stop and Coerced Statement

A Seminole Police Department (SPD) officer initiated a stop for speeding on a section of State Road 721 which was inside the Brighton Reservation. The SPD officer did not catch up to the SUV until it was well off the Reservation. SPD jurisdiction exists only on the Reservation. However, the law allows an SPD officer.. read more →

Bahamian Not Guilty of Lewd Computer Solicitation and Attempted L&L Battery Based on Entrapment

A St. Lucie County jury found Lane Reynolds (not his real name) not guilty of lewd computer solicitation and attempted lewd and lascivious battery on August 1, 2018. The same jury found Reynolds guilty of unlawful use of a two-way communication device. This inconsistent verdict was, Attorney Jeffrey Garland believes, based upon government entrapment and.. read more →

Jury Finds Defendant Not Guilty of Trespass After Notice

Matilda Harris (not her real name) was given a criminal summons for trespass after notice on 12/13/17. A Glades County jury found her not guilty on 5/11/18. Shortly after the incident, Matilda retained Indian River County criminal defense attorney Jeffrey Garland for her defense. Garland reviewed the evidence, then filed a motion in limine to.. read more →

Pot and Paraphernalia Charges Tossed

Adolphus Stevens (not his real name) was arrested by Port St. Lucie police on 4/17/17 for possession under 20 grams of cannabis and for possession of drug paraphernalia. Stevens made the mistake, you see, of walking across a vacant lot in broad daylight in a residential area. Several minutes later, a PSLPD officer detained and.. read more →

Victory in Storage Wars of a Sort

Phillippe St. Jean (not his real name) exports stuff to Haiti using 40′ shipping containers. He rents a warehouse in St. Lucie County to store the containers for short periods of time until pickup by the shipping company. St. Jean made the common mistake of trying to help out a friend in need. The friend.. read more →

On Retrial After Reversal of Conviction Client Found Not Guilty of DUI

Julie Banner (not her real name) retained Port Saint Lucie criminal defense Attorney Jeffrey H. Garland for her appeal. She had been convicted of DUI and sentenced, among other things, to 120 days in St. Lucie County’s Crossbar Hilton. She was not a happy camper. Attorney Garland moved for an appeal bond to secure Banner’s.. read more →

Jury Finds Defendant Not Guilty of Videotaped Controlled Buy

Pictures do not always tell the whole story. On 8/16/17, the jury returned verdicts of not guilty on charges of sale of cocaine, and possession of cocaine with intent to sell, in just 26 minutes. Evidence showed that a detective with the Okeechobee County Drug Task Force stopped the CI on 11/14/16 for an alleged.. read more →

OK For Person With Concealed Weapons License to Carry a Concealed Firearm in Restaurant Serving Alcoholic Beverages

“Easy Rider” (not his real name) was arrested on 6/25/17 for having a concealed firearm at Earl’s Hideaway in Sebastian, Florida. Easy Rider was surprised, because he showed the Sebastian police officer his concealed weapons license. The police officer asserted that the concealed weapons license did not work in Earl’s Hideaway, because it “is a.. read more →

DUI Conviction Reversed on Appeal

Julie Banner (not her real name) was convicted of DUI at a jury trial in St. Lucie County. Judge Yacucci sentenced Banner to 120 days in jail. St. Lucie County DUI defense Attorney Jeffrey Garland was retained to pursue the appeal. Garland immediately moved for stay of sentence and an appeal bond. Judge Yacucci denied.. read more →

Port St. Lucie Landlord Cleared of Wrongdoing

“Landlord” was arrested on 1/17/17, for trying to repair water damage to one of his rental properties. The tenants had said they were anxious to get the repairs completed, so that their children would not be exposed to mold. Turns out the tenants were a special breed of “squatters”, who specialize in avoidance of paying.. read more →

Test, Test and Test

“Fisherman” was arrested in Martin County for possession of heroin and drug paraphernalia on 12/30/16. He exercised his right to remain silent, figuring the deputy would not listen anyway. So Fisherman retained Attorney Jeffrey Garland. He turned down drug court, because he “knew” there were no drugs. Attorney Garland contacted the Indian River Crime Laboratory.. read more →

Another Conspiracy to Racketeer Put to Rest

“Cowboy” was arrested on 9/10/15 in Okeechobee County on a capias charging conspiracy to commit racketeering. The long lasting drama would finally end on 5/22/17 when the charge was nolle prossed by the State. The State theorized that Cowboy had conspired with a racketeering organization, because he had supposedly purchased an “eight ball” (about 3-1/2.. read more →

Make Them Test the Drugs- PCR Granted, Client Released

The mother on the other end of the phone was frazzled and upset. Her baby girl had just been sentenced to prison. The mother could not understand what went wrong or why. The mother retained Jeffrey Garland on 8/2/16 to look into the matter. Attorney Garland filed the motion for post-conviction relief (PCR) three days.. read more →

DOC Guard Has All Charges Dropped

Preston Rock (not his real name) was charged in Okeechobee County with three felony charges: conspiracy to introduce contraband, unlawful compensation for a public servant, and bribery. Rock was arrested on warrants in February, 2015. All charges were dropped on 2/21/17. What happened? On 4/12/14, Florida Department of Corrections (DOC) investigators converged on the Okeechobee.. read more →

Permanently Revoked Driver License Reinstated Unconditionally

In an earlier blog report, the tugboat captain, Blaine Masters, got his felony DWLS set aside via postconviction relief. After that, Masters hired Garland to fix his life-time license revocation. See Tugboat Captain’s Coast Guard License Saved Via Motion to Correct Sentencing Error. Turns out that DHSMV “merged” Masters’ driving histories in 2014. Apparently, DHSMV.. read more →

State Cans RICO Conspiracy in Glades County

The State gave up on efforts to convict customers on a weird theory that the drug customers had become “co-conspirators” with the drug trafficking organization. All charges against Justin Jaybird (not his real name) were dropped on 11/29/16. The strange saga began with a combined DEA-State investigation into methamphetamine distribution in the middle of Florida,.. read more →

Misled Defendant Has DUI Conviction Set Aside Via Post-Conviction Relief

George Lyman (not his real name) plead no contest on 2/9/15 with the specific understanding that his driver license would be suspended for six months. Martin County Judge Darren Steele followed the plea agreement and imposed the 6-month suspension. Turns out that the Florida Department of Highway Safety and Motor Vehicles (DHSMV) had different ideas… read more →

Felony Child Neglect Tossed In Port St. Lucie

Darnell Compton (not his real name) was arrested on 8/27/16 in Port St. Lucie for felony child neglect. Police had been notified that a 1-year old toddler had been left alone in a car. The car was parked outside of a Walgreens store at about 2:00 A.M. The child’s mother was also arrested for the.. read more →

Double Jeopardy Precludes Retrial After Reversal on Appeal

Cicily Jones (not her real name) hired Jeffrey Garland on 2/26/15 to appeal her conviction for resisting without violence. The trial took place before Judge Yacucci in St. Lucie County. Attorney Garland argued on appeal that the evidence was insufficient to prove the “lawful execution of legal duty”, which is an element of the charge… read more →

Attorney Jeffrey Garland Saves Tugboat Captain’s License

Tugboat Captain’s Coast Guard License Saved Via Motion to Correct Sentencing Error Tugboat Captain’s Coast Guard License Saved Via Motion to Correct Sentencing Error Blaine Masters (not his real name) was charged with felony DWLS. After paying for not one, but two other lawyers, he plead out to the felony and got “just” 120 days.. read more →

State Drops Charge After Demand for Speedy Trial in 41-Year-Old Case

Retired U.S. Coast Guard Commander Russell Miner (not his real name) retained Attorney Jeffrey H. Garland to “clean up” old and erroneous entries on the criminal history maintained by FDLE. A FDLE examiner advised that an arrest for possession of cannabis under 20 grams remained “active”, even though the date of arrest was 6/14/1974. The.. read more →

Methamphetamine RICO Venue Changed

Roscoe Riley (not his real name) was charged with conspiracy to commit racketeering in Okeechobee County. The information alleges a conspiracy to violate unspecified provisions of Chapter 893, dealing with controlled substances. Attorney Garland sought, without success, to dismiss the charge for failing to properly outline the scope and purpose of the conspiracy. The motion.. read more →

Music Fest Trafficking in LSD Dropped

Josh Berringer (not his real name) was arrested on 3/6/16, at the Okeechobee Music Festival, for trafficking in LSD. His family immediately retained Okeechobee drug trafficking attorney Jeffrey Garland. Garland identified irregularities in the manner of the search and the processing of evidence. The supposed field testing of evidence did not match the charge. There.. read more →

Interference With Custody Charge Quickly Dispatched

Child custody disputes commonly escalate into litigation and, occasionally, into arrests. Police can arrest a parent for “interfering” with custody under limited circumstances.  Mary Nance (not her real name) learned that police can be quick to arrest on “probable cause”. Nance was arrested for violating her husband’s custody rights on 3/5/16. She was given no.. read more →

Car with Factory Tint Stopped for “Too Dark Tint” – Case Dropped Thanks To Florida Turnpike Criminal Defense Lawyer

Respect for law enforcement is diminished when an officer seeks to justify a stop for a reason shown to be false. Subsequent investigation proved that the stopped car had nothing but factory tint. Prosecutors, wisely, dropped charges on 1/20/16, rather than dispute the evidence from a defense expert concluding that the trooper’s “reason” for the.. read more →

Administrative Option Dodges DUI Bullet

Gustof Nesmith (not his real name) was cited for driving without a valid license on 10/4/15. The charge was actually a “gift”, because Nesmith’s license was suspended on account of a long ago New Jersey DUI conviction. Nesmith had been jailed by St. Lucie County Judge Yacucci for the same offense about a year earlier… read more →

St. Lucie Jail Contraband Case Dropped

There have been an increasing number of arrests for contraband coming into jails. Many of these arrests are the direct result of improperly performed police “pat down” searches made at the time of arrest. The arrestee is taken to jail against their will. The arrestee is told they have a right to remain silent. The.. read more →

Man Hires Attorney Jeffrey Garland After Port St. Lucy Stalking Arrest

Watch Out For The Angry Ex-Girlfriend Barney Mello (not his real name) probably moved the relationship along too fast. After just several months, he moved in with his new girlfriend, Lola Mulekick (not her real name). Barney maintained a superior level of income. His presence immediately advanced the financial security of Lola’s home, and the.. read more →

More Grist for the Mill – Who Cares Who We Arrest?

Solomon Jean Pierre (not his real name) had a hard time getting to the United States from his native country of Haiti. Once here, Pierre was granted status. The U.S. Department of Homeland Security issued him an employment authorization card which allowed Pierre to obtain work and a Florida Driver License. Pierre took advantage of.. read more →

Constructive Possession Rules Set Client Free From Prosecution

A search warrant was executed on 8/13/14 on 1604-A Avenue K in Fort Pierce, Florida. According to the arrest affidavit, Jamie Baucomb (not his real name) was charged with possession of cocaine, possession of cocaine with intent to sell and possession of drug paraphernalia. These charges were based upon nine crack cocaine rocks which were.. read more →

Okeechobee Battery Attorney Defends Man Charged in Bar Fight

Okeechobee Stampede Bar Brouhaha Resolved – The Case For a Better Defense Something happened at the Okeechobee Stampede bar around 1:30 – 2:00 A.M. in the early morning hours of 2/14/15. This was not a lovers’ quarrel. Whatever it was, no one involved thought it important enough to complain about that night to the Okeechobee.. read more →

State Drops Trespass Charge Against Landlord

Hector Long (not his real name) was arrested on 3/6/15 by Fort Pierce Police. What makes this arrest unusual is that Long is the owner of a “motel”. He was arrested for trespass when he entered the room of a tenant. Initially, Long thought that he could “do-it-yourself”. He was thinking that the criminal courts.. read more →

St Luice Criminal Appeals Lawyer

In the case below, St Luice Criminal Appeals Lawyer Jeffrey Garland was able to reverse and remand a new trial for his client Edwin Jose Garrido. Attorney Garland was able to get a new trial for his client due to ineffective assistance of counsel by failing to investigate defenses as to the amended dates and failing to.. read more →

Lawyer Pokes Holes in Positive Pot Urinalysis

  Rodney Rockaway (not his real name) was arrested for DUI and possession of cannabis under 20 grams on 10/20/13 by the special investigations unit (SIU) of the St. Lucie County Sheriff’s Office and by Officer Michael Acevedo of the Fort Pierce Police Department. Initially, Rockaway “went with” the public defender’s office. Later on, he.. read more →

Just Cuz There’s Paraphernalia Doesn’t Mean They Can Jail Ya

Astor Johanson (not his real name) had just helped unload the catch from a commercial fishing trip. Johanson drove away from the docks in his SUV, happy to be back on dry land after a successful fishing excursion. An overly alert St. Lucie County Sheriff’s detective noted that Johanson was not wearing a seatbelt. Thus.. read more →

Domestic Battery Bites Dust

Attorney Jeffrey Garland was retained to represent Emilio Garcia (not his real name), just after his arrest for domestic violence. The wife is the person who actually retained Mr. Garland. As is so often the case, police responded to the Garcia residence in Fort Pierce, Florida, on 6/20/14, shortly after midnight. Mrs. Garcia was upset.. read more →

Fort Pierce Appeals Lawyer

Recently Attorney Garland was published in the Southern Reporter regarding one of his appeals. To view the article Click Here. read more →

Saint Lucie Criminal Lawyer

Revoked Bond Lands Citizen in Jail…Thrice Ready for Trial Secures His Release Ron Wilson (not his real name) ran into trouble upon trouble. Initially jailed on the say so of a neighbor with known mental instability, Ron secured his release on bond. He then ran into problems with his estranged wife, with whom he was.. read more →

Fort Pierce Aggravated Battery Lawyer

Aggravated Battery Charges Dropped in Okeechobee County Newt Ranger (not his real name) was arrested for an aggravated battery that allegedly occurred on 10/26/13, at about 1:30 A.M. 17-year-old Newt, together with a number of other juveniles and adults, were at Douglas Park in Okeechobee. The State accused Newt of hitting a 22-year-old man in.. read more →

Fort Pierce Driving Offenses Defense Lawyer

Racing on Highway Charge Reduced Alan Jasper (not his real name) was charged with racing on the highway in violation of Section 316.191(2)(a), on November 19, 2013. Shortly after bonding out of jail, he hired Attorney Jeffrey H. Garland.   A Florida Highway Patrol (FHP) trooper alleged that he observed Jasper engage in a high.. read more →

Drug Charges

Pot Charges Dropped Magnum Jones (not his real name) was arrested for possession of marijuana under 20 grams on August 27, 2013. Police approached two men who were simply standing next to a van located in a public place. The police officer claimed that there was nothing on the ground when he first engaged both.. read more →

St. Lucie DUI Attorney

  State Drops DUI Based on Lack of Proof of Actual Physical Control The Defendant, Ajax Monroe (not his real name), was arrested for this DUI on 12/12/12. The underlying charge had, allegedly, occurred on 8/14/11. Ajax was hospitalized as a result of the accident. He was arrested on a warrant. Ajax retained Jeffrey H… read more →

Fort Pierce Criminal Defense Lawyer

Allstate’s “DriveWise” Records Show Squatter to be Liar: Stalking Charge Dropped at Jury Selection A 77-year-old man was arrested for “stalking”. The “victim” made a sworn statement as follows: [Mr. Cook] has be[en] coming by my house 3 to 4 times a day dating to back to last year. If we go to the store,.. read more →

Fort Pierce Driving Violations Lawyer

Dealer Plate Defeats Charge of Attaching Unassigned Tag Alex Anderson (not his real name) was driving a fully restored 1978 Chevy down a public highway minding his own business. Unbeknownst to Alex was the practice of local law enforcement to stop white folks driving in a “black” part of Fort Pierce at about 11 in.. read more →

State Drops Fort Pierce Drug Bust Charges

State Forced to Drop Trafficking in Cocaine and Oxycodone Charges Fletcher Bowdoin (not his real name) was arrested on 12/20/12 by the Fort Pierce Police Department. The police report states that Bowdoin was found hiding under a bed. The police claimed that 20 grams of “crack cookies” were found in the kitchen trash, together with.. read more →

Treasure Coast Lawyer Defeats Driving Charge

On 2/18/13, a Fort Pierce police officer arrested Carlos Montoya (not his real name) for allowing an unlicensed person to drive. Carlos is an “undocumented alien” who is trying to gain permanent resident status. A conviction for this charge – even with a “withhold of  adjudication” – would be potentially disastrous. Treasure Coast Lawyer Defeats.. read more →

Fort Pierce Criminal Attorney

Judge Tosses Out Disorderly Conduct and Resisting Arrests for Playing Christian Music at Home Monica Williams (not her real name) had the proverbial “neighbors from hell”. The neighbors had previously filed police reports making all sorts of claims. The neighbor claimed that she could hear Monica talking and coughing, which caused her “fear”. Although the .. read more →

Indian River County Criminal Attorney Gets Charges Dropped

Lonely Heart’s Club – Sister Accuses Her Own Mother and Brother of False Imprisonment and Battery – All Charges Dropped After Year of Intense Litigation – Detective Poses as Pseudo-Psychologist Adrian Antoon and his mother, Giselle (not their real names), were arrested in Indian River County in August, 2012, on charges of false imprisonment and.. read more →

Fort Pierce Attorney Reduces Grand Theft

A manager of a nationwide sporting goods chain was charged with grand theft via embezzlement. The manager retained Fort Pierce Attorney Jeffrey Garland within days of his arrest. Based upon many factors, including a lack of price record and immediate repayment of 100% of the misappropriated funds, the manager was allowed to plead to a.. read more →

Fort Pierce Child Abuse Arrest Reduced to Simple Battery

Jack Martin (not his real name) was arrested in March, 2013, for child abuse. He promptly retained Jeffrey H. Garland to represent him in the Martin County case. Fort Pierce Child Abuse The discovery materials revealed a tragically familiar scenario. As a young man, Martin married, had two children and divorced. Martin agreed to leave.. read more →

Tales from the Bizzarro World – DHSMV Provides Contradictory Driving Histories

Johnny Morris (not his real name) was arrested on 2/16/12, in Okeechobee County for possession of cocaine, possession of cannabis under 20 grams, possession of drug paraphernalia, and misdemeanor driving while license suspended (DWLS). Morris bonded out of jail. The State subsequently filed formal charges (which added a charge of evidence tampering), and provided discovery,.. read more →

Stop Based on “Loud Music” Statute is No Good

On 6/2/12, Jude Lawson (not his real name) was stopped at about 1:00 A.M. in Fort Pierce. The deputy claimed that Jude was playing loud music in his pickup truck in violation of Florida Statute 316.3045. The deputy discovered that Jude’s license was suspended for failing to pay child support. Judge was arrested for DWLS.. read more →

Attorney Jeffrey Garland Secures Withdrawl of Plea

Client’s car was stopped for a “loud music” violation of Section 316.3045. The client was initially represented by the public defender, who recommended that he plea “no contest” to DWLS and to a separate charge of resisting an officer without violence. The client soon learned that the withhold of adjudication for the DWLS would still.. read more →

Stubborn Senior Gets Doctor Shopping Charge Tossed

Our Country may have been founded on principles of personal freedom and liberty, but the enveloping police state is acting with all dispatch to suppress “limited government”. Your government, in the mad pursuit of the “war on drugs”, jailed a 78-year-old senior citizen for “doctor shopping” on the thinnest of pretexts. Mrs. Shipley (not her.. read more →

Trooper’s On-board Video Proves Confabulation

In June, 2012, an FHP trooper was radar timing cars traveling west on Port St. Lucie Boulevard in the area of the Floresta Drive intersection.  The trooper was watching cars as they came down the west side of the bridge over the north fork of the St. Lucie River.  Drivers ordinarily have to brake on.. read more →

HOA Lies Are Exposed: Leaving Scene Of Accident Charge Dropped

Kent Ford (not his real name) had never been arrested.  Never been in trouble.  Nada.  Kent retired from up north to Port St. Lucie with his bride of many years.  Life was good.  Back during the great land boom, they bought an investment property in a gated community in St. Lucie West.  The hope for.. read more →