No Key, Then No Actual Physical Control/Hearing Officer Invalidates DUI Suspension

B.A. was arrested for DUI in the early morning hours of October 11, 2009, in the parking area of Fort Pierce’s South Beach Jetty Park. According to the Arrest Affidavit, B.A. was “sleeping” in the driver’s seat. SLCSO Deputy Benjamin Deblieck said that the driver had difficulty awakening, had a strong odor of an alcoholic.. read more →

Organized Fraud Charges Dismissed Twice

G.J.B. was arrested on July 9, 2005, for the offense of organized fraud under $20,000.00. The charge arose out of his association with a construction company. The company had been formed several months after Hurricanes Frances and Jeanne in order to take advantage of the need for home repairs. read more →

Against the Meat Grinder

PROLOGUE Every man has a line, a point which, once passed, there must be a reckoning. For some, being pushed across this line is an invitation to fight or to get even. For others, there is a sense of helpless passivity. For Brian O’Hara, when pushed across this line, there was an intense desire to.. read more →

Judge: Hallucinogenic Mushrooms Not Illegal

A Fort Pierce lawyer found a 17 year-old Supreme Court decision that kept his client out of jail. By Susannah A. Nesmith Palm Beach Post Staff Writer Every year, dozens of people traipse through pastures in wester Martin and St. Lucie Counties picking hallucinogenic mushrooms that grow in cow manure. read more →

Fourth District Reverses Summary Denial Of Post-conviction Relief Motion

Jason Reaves was sentenced to 40 years in prison for charges relating to a home invasion robbery. Kirschner & Garland, P.A. was retained to investigate the circumstances of the prosecution and, as deemed appropriate, file a motion for post-conviction relief (PCR). read more →

Check Cashing / Money Transmitting Business Cleared Of Illegal Banking

On June 12, 2007, agents from the St. Lucie County Sheriff’s Office (SLCSO) and the Florida Department of Law Enforcement (FDLE) executed a search warrant on a convenience store located in a predominantly immigrant/Hispanic part of Fort Pierce. The search focused on financial records involving the “transmitting” of funds and “check cashing”. Boxes of records.. read more →

All Charges Dropped Against Highyway Artist

Famed Highwaymen artist Willie Daniels, retained the firm of Kirschner & Garland, P.A., to represent him in connection with a domestic battery charge lodged against him by the Fort Pierce Police Department. The State “picked up” the charges by filing an Information against Daniels on July 8, 2005. After conducting a thorough investigation into the.. read more →