Criminal and Civil Law
Darin Gardner is a seasoned litigator with jury trial experience. For the first seven years of his legal career, Darin served as an Assistant State Attorney in the Fourth Judicial Circuit of Florida. Darin investigated and prosecuted a wide variety of criminal cases from driving under the influence to first-degree murder. During his tenure at the State Attorney’s Office, Darin served in County Court prosecuting misdemeanor offenses, including driving under the influence, the Special Assault Unit prosecuting sex crimes, child abuse and neglect, the Homicide-Gun Unit prosecuting all types of violent and firearm related crimes, the Homicide Unit solely prosecuting murder cases, and the last year as a felony Division Chief supervising three felony prosecutors. Darin participated in over 40 jury trials, multiple bench trials and contested hearings before the Court.
Darin is ready to effectively represent you in the following criminal and civil litigation matters. You can get more information by clicking on each link:
Criminal law. This area of law involves the alleged violation of criminal and traffic related state statutes and/or local ordinance violations by the State of Florida. Darin understands that bad things sometimes happen to good people. Darin has the background and experience to effectively represent you in any criminal matter.
Traffic Offenses/Driving on Suspended License. The consequence of a conviction on a traffic related offense may affect your driving record, the ability to drive, your automobile insurance, or your ability to earn a living as a professional driver. In addition, an arrest and conviction for driving on a suspended license can have the same affect as a traffic conviction, but can also include further suspension of your driving privileges, fines and incarceration. Contact Darin today who will fight to have your traffic charges dismissed, or fight for a non-conviction and a small fine.
Driving Under the Influence. A driving under the influence (DUI) arrest and conviction can have serious impacts on your ability to drive, maintain a driver’s license, and can result in heavy fines and incarceration. The Florida Statues require certain minimum mandatory penalties for DUI offenses. In addition, the Department of Highway Safety and Motor Vehicles can also administratively suspend your license unconnected with the criminal case. Darin has prosecuted and tried many DUI cases, including DUI Manslaughter. DUI can be a very technical charge and Darin has the experience to represent you.
All Other Misdemeanors. Misdemeanor offenses are offenses with a maximum punishment of up to one-year incarceration. These types of offenses include battery, domestic battery, domestic assault, possession of less than twenty grams of marijuana, trespassing, petit theft and many other crimes. Darin’s experience as both a County Court and Felony Prosecutor to effectively represent you in any misdemeanor case.
Drug Possession and Sale. The majority of drug possession and sale offenses are felonies. This means the potential maximum sentence can exceed one-year incarceration. Some drug related offenses carry heavy minimum mandatory prison sentences and large fines. Darin has worked with many narcotics detectives and law enforcement officers during his legal career. Let Darin put his experience and knowledge to work for you.
Child Abuse/Neglect. Child abuse and child neglect charges can be very confusing, complex, frustrating and involve many different state and local agencies. Darin’s experience as a prosecutor and his experience with family law cases provide him with the skills to provide you effective representation if you have been arrested for child abuse or child neglect.
Sex Crimes. Sexually motivated crimes include sexual battery, lewd and lascivious battery, lewd and lascivious molestation, lewd and lascivious exhibition, and unlawful sexual intercourse with a minor. Sexually motivated crimes also vary depending on the age of the alleged victim, and whether or not any force or violence is alleged to have occurred during the crime. During Darin’s two year tenure in the Special Assault Unit with the State Attorney’s Office, he was able to investigate, prosecute and bring to trial a wide variety of sexually motivated crimes, including cases utilizing deoxyribonucleic acid (DNA) test results. Let Darin utilize this experience to assist you if you are being investigated or charged with a sexually motivated offense.
Violent Crimes/Murder. Violent crimes can include battery, assault, aggravated battery, aggravated assault, and murder. The level of severity of any violent crime can depend on the amount of injury to the alleged victim, or whether a weapon or firearm was used during the commission of the crime. The use of a firearm and/or deadly weapon alone can expose one to enhanced penalties, including the 10-20-Life law that carries certain mandatory minimum prison sentences in certain circumstances. Darin’s experience in the Homicide Gun Unit and the Homicide Division will help him fight for you if you have been charged with a violent crime.
Bail/Bond Reductions. When a person is arrested, they are generally entitled to a reasonable form of bail and/or pretrial release during the pendency of their case; however, there are certain circumstances when a person can be legally detained without bail. Darin has handled many hearings to either set bail, or to reduce bail.
Seal/Expunge Criminal Records. In certain circumstances, you may be eligible to have a prior criminal arrest record sealed or expunged. There are certain statutory criteria that govern whether you are eligible. Darin is familiar with these statutes and can provide you with assistance in attempting to get your prior criminal arrest record sealed or expunged.
Civil Law. Civil action is a lawsuit brought to court to receive damages or to recover a right. Civil litigation usually involves disputes of private law issues between individuals, businesses, or non-profit organizations. Whether you are entering the civil litigation lawsuit as the plaintiff or the defendant, it is important to have a qualified and civil litigation lawyer like Darin Gardner.
Personal Injury. Personal injury cases may involve minor to serious injuries and wrongful death. Darin Gardner can advise you about your rights and the best steps to take after a serious personal injury. He fights to get you fair compensation for medical treatment, lost wages, and pain and suffering.
Small Claims. The small claims court has jurisdiction over civil cases in which the plaintiff is seeking a money judgment up to $5,000 or recovery of personal property valued up to $5,000. Darin Gardner can advise you on the procedures of getting your case through small claims court.
Landlord/Tenant. Landlords and tenants have rights, duties, and responsibilities that can fall under federal, state, and local laws. These set the minimum standards for living conditions. Many issues often come up between parties. There are strict statutory notice provisions and time restrictions that must be complied with. Whether you are seeking to evict a tenant, or fighting an eviction Darin can assist you through the process.
Breach of Contract. This is when a binding agreement or bargained-for exchange is not honored by one or more of the parties involved in the contract, either by non-performance or interference with the other party's performance. The remedies available can be monetary damages or a variety of other equitable remedies. Darin Gardner can help you with this matter.
Co-habitation Agreements. Unmarried people who live together in a long-term relationship need to address important legal concerns like finances, health care, property rights, and after-death transfer issues. Since unmarried couples do not have the same legal protections as married people, addressing these issues is important. Darin Gardner can create the legal documents to protect you.
Contact us
For trusted legal advice on your criminal and civil litigation law concerns, call Darin Gardner at 1 904 247-6865 or email us at dcgardner@bellsouth.net.
