The Law Office of Jeffrey H. Garland, P.A.

2500 Rhode Island Avenue
Suite B
Fort Pierce, FL 34947

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The Law Office of Jeffrey H. Garland, P.A.

Attorney Garland’s Cases

  • July 16, 2019

Spencer Scott (not his real name) is a “marine officer”, licensed by the U.S. Coast Guard to operate a variety of vessels. Captain Scott’s career would have been negatively impacted by a guilty verdict. His clients are, after all, large corporations and wealthy individuals. Capt. Scott’s sister accused him of battery on 1/21/2018. She would, the next day, apply for a domestic violence injunction. The sister lost the injunction hearing, then appealed the ruling to the Fourth District Court of Appeal (DCA). Capt. Scott retained Jeffrey H. Garland to handle the appeal and the battery case. Attorney Garland was successful in securing a dismissal of the sister’s appeal by 4th DCA order dated 6/14/2018. Capt. Scott was always going to take this battery case to trial. At no time did he entertain any other option. After all, he had already…Read More

  • May 14, 2019

Jessica Daniel (not her real name) is a good mom who thinks misbehaving children should be reprimanded in some fashion. On August 16, 2018, Jessica was arrested, because a Port St. Lucie police officer disagreed with Jessica’s parenting practices. You see, Jessica had been visiting a friend in a nice part of Port St. Lucie. When it came time to go, Jessica’s five-and-a-half-year-old daughter threw a tantrum. She wanted to stay because she liked playing with the dog. Several houses away from the friend’s house, Jessica put the daughter out of the car onto the side of the road. This was the same street upon which the child had been previously playing. Jessica drove around the street corner but never lost sight of her daughter. From the moment Jessica put her daughter out of the car, until Jessica returned, was…Read More

Death Penalty Reversed
  • November 21, 2018

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 violate double jeopardy principles. In Tisdale’s case, the jury was instructed that a vote of just 7 – 5 would constitute a jury recommendation of death. The jury voted 9 – 3 for death. After the jury trial was over, but before sentencing, the United States Supreme Court (SCOTUS) struck down Florida’s death penalty procedure in Hurst v. Florida, 136 S.Ct. 161 (2016). SCOTUS found that the procedure was defective, because the jury did not make the sentencing decision, and because the jury did not…Read More

Indian River Criminal Defense Attorney Defends Second Amendment Rights
  • September 18, 2018

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 that it had been pled out to under five grams – which was a misdemeanor. Problem was that it was reported to FDLE as a felony. Garland collected certified dox on this 42-year-old case. The Martin County Clerk recognized the error and correctly re-reported it to FDLE, which “fixed” its records on 8/13/18. Gun rights restored! Indian River Criminal Defense Attorney If you have been charged with a crime and need the services of an experienced and qualified Indian River criminal defense attorney, contact The…Read More

Motion to Suppress Fenced Yard Wins Case
  • September 18, 2018

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 trespassing sign to go knock on Ring’s door about midnight. The deputies announced who they were, but not their purpose. Deputies pushed the door open, as soon as Ring cracked it, and placed him under arrest. Incident to the arrest, the deputies found cannabis in his pocket. View of fence surrounding property Indian River County Drug Arrest Attorney Ring retained Indian River County drug arrest attorney Jeffrey Garland, who swiftly filed a motion to suppress, asserting that the police entry into Ring’s curtilage, without a…Read More

  • August 31, 2018

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 to stop a driver off the Reservation if the traffic infraction took place on the Reservation. Trouble is, the SPD officer acted like he still had police authority to search Ana Gomper’s (not her real name) SUV. Ana retained Indian River County criminal attorney Jeffrey Garland shortly after the incident. Garland promptly filed two motions to suppress after receipt of the discovery. Garland contended the vehicle search was “illegal” because Ana had refused consent. Even though the SPD officer had no jurisdiction, he searched the…Read More

Bahamian Not Guilty of Lewd Computer Solicitation and Attempted L&L Battery Based on Entrapment
  • August 8, 2018

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 jury instruction error. The conviction was set aside due to the jury instruction error on 8/6/18. At that time, Reynolds pled no contest to the unlawful use of a two-way communication device, which is a non-sex offender charge, receiving time served and probation in return. The evidence and testimony showed that St. Lucie County Sheriff’s Office (SLCSO) investigators posted an “advertisement” on Craigs List, Treasure Coast Personals, in the Consensual Encounters chatroom. The undisputed evidence showed that anyone entering Consensual Encounters had to certify that…Read More

Jury Finds Defendant Not Guilty of Trespass After Notice
  • May 17, 2018

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 preclude reference to the “trespass notice” until there was evidence that the owner or custodian of the property had given written authorization to the Glades County Sheriff’s Office (GCSO) to issue a trespass notice. Of course, there was no such authorization. Separately, Garland secured photographs of the street, yard, and driveway where the trespass allegedly occurred. In addition, Garland obtained subdivision drawings and aerial photographs showing property lines and rights-of-way. At trial, Judge Jack Lundy overruled the defense motion in limine, thereby leaving the jury…Read More

Victory in Storage Wars of a Sort
  • November 14, 2017

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 had separated from her husband, then got evicted. The friend had four children. Her husband ran off to Alaska, perhaps to escape abuse by his wife. The friend asked to store her shipping containers at St. Jean’s warehouse. St. Jean agreed, but the friend did not remove the shipping containers in the customary period of time. St. Jean lost business, and the friend offered no explanations (or payment). Tempers flared. On August 27, 2017, the “friend” called 911 and reported that St. Jean had battered…Read More

Pot and Paraphernalia Charges Tossed
  • October 26, 2017

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 searched Stevens.  Following the arrest, Stevens retained Port Saint Lucie drug possession lawyer Jeffrey Garland. Port Saint Lucie criminal defense attorney Jeffrey Garland spotted the lack of reasonable suspicion of criminal activity. Garland filed a motion alleging that the detention and search were conducted in violation of the Defendant’s right to remain free from unreasonable search and seizures. The motion to suppress anticipated that police would argue that Stevens was detained under the loitering and prowling statute; and that the pat down of Stevens was…Read More

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