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

2500 Rhode Island Avenue
Suite B
Fort Pierce, FL 34947

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(772) 242-6380

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

Attorney Garland’s Cases

  • November 4, 2016

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 same charge, plus several drug charges. Mr. Compton retained Attorney Jeffrey H. Garland 10 days later. Garland immediately identified the primary problem as Compton’s DUI probation. Unless something was done, Compton would be charged with a violation of his misdemeanor probation (VOP) based on the felony arrest. Compton would be locked up on that VOP – unless was something was done – without bond. Attorney Garland identified that felony child neglect required proof that the accused was a “caregiver” for the child. In this case,…Read More

  • October 26, 2016

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. Fortunately, Jones hired Garland just after the guilty verdict was returned. Although Garland did not try the case, he was able to timely file a motion for judgment of acquittal within 10 days of the verdict. Garland raised the failure of proof issue, a matter which the trial lawyer failed to recognize or preserve. The nut of the claim involved the State’s failure to introduce the arrest warrant into evidence. St. Lucie County deputies broke into Jones’ house without the arrest warrant which, they claimed,…Read More

  • July 26, 2016

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 in jail with no probation. He was adjudicated guilty of the felony. After learning what would happen to his license to operate tugboats, Blaine consulted with Attorney Jeffrey Garland. After a cursory review of the discovery and driving history, Garland realized that there was no legal basis for the felony charge: Blaine was guilty of only a 60-day misdemeanor. Garland filed a Motion to Correct Sentencing Error on 7/13/16 – just eight days after Blaine was sentenced. The State agreed that the sentence was illegal.…Read More

  • May 24, 2016

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 was denied. Curiously, Defendant Riley was charged in a single-person information – even though the so-called “organization” supposedly involved several dozen participants. The discovery showed that Riley’s involvement, if involved at all, was as a retail customer of small amounts of methamphetamine. Each of the transactions occurred, supposedly, in Glades County. Okeechobee Criminal Attorney Jeffrey Garland sought, again without success, to dismiss the charge on the basis that retail customers cannot be participants in an enterprise selling and distributing methamphetamine. The court rejected arguments that…Read More

  • May 24, 2016

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 St. Lucie County Clerk of Court advised that the case could not be reported as “dropped”, even after the passage of over 41 years. After conferring with the client, Attorney Garland sought to file a demand for speedy trial. However, the Clerk’s office advised that it could not accept the demand, because the case did not have a case number compatible with electronic filing. After some five weeks, the Clerk’s office advised Attorney Garland that the 1974 case was now equipped with a case number…Read More

  • May 10, 2016

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 opportunity to explain “her side” to the Fort Pierce police officer sent to serve and protect.  Fortunately, Nance’s family retained St Lucie County child custody arrest attorney Jeffrey Garland shortly after the arrest. Garland’s investigation secured a copy of the alleged custody order. It turned out that the entire custody matter had been dismissed by court order many months before the arrest.  Garland provided a copy of the order of dismissal to the State Attorney’s office for consideration. The State promptly dropped the charge. Comment…Read More

  • May 10, 2016

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 were also discrepancies in the client’s identifying information. All criminal charges were dropped on 3/29/16. Comment from an Okeechobee Drug Trafficking Attorney If you or someone you know is in need of a drug trafficking attorney, contact The Law Office of Jeffrey H. Garland, P.A. at  [number].  Drug trafficking charges are very serious and need to be reviewed and handled by an experienced attorney.Read More

  • April 21, 2016

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. He retained  Saint Lucie County Dui Defense  Lawyer Jeffrey H. Garland on 10/19/15 to seek a solution. Saint Lucie County Dui Defense Lawyer Garland identified the root of the problem as an unserved DUI jail term in New Jersey. Garland convinced Nesmith that he should return to New Jersey to resolve that problem which was causing an indefinite “D-6″ suspension of his driving privilege throughout the Country. Nesmith agreed. Nesmith was warmly received by New Jersey following his voluntary return after so many years. His…Read More

  • April 21, 2016

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 stop was imaginary, confabulated and inconsistent with a citizen’s right to remain free from unreasonable search and seizures. Thanks to Florida Turnpike Drug Arrest Lawyer Jeffrey Garland The trooper initiated the stop on Florida’s Ronald Reagan Turnpike on 10/15/15, at about 5:31 P.M. The given reason for the stop was “dark tint”. The trooper would subsequently find a whopping 2.61 grams of cannabis in the underwear of the front seat passenger. An additional “stash” of 1.43 grams was found in the trunk. The trooper charged…Read More

  • January 5, 2016

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 arrestee is then charged with possession of “contraband” at the jail. Such contraband should have been found, in most cases, by the arresting officer. In almost all cases, the arrestee charged with introduction of contraband is told that they failed to advise of the contraband – even though they had been told they had a right to remain silent! Troy Vanderwall (not his real name) was arrested on 6/17/15, while serving a jail sentence, for possession of a lighter. Vanderwall had been working as a…Read More

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