Pumphrey Law Blog

April 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

For defendants charged with an offense they are alleged to have committed jointly, Florida courts will often try the accused together. But under certain circumstances, someone can successfully file to sever the trial – in other words, to be separately from one or more co-defendants that they are currently set to be tried with. This article will explore when a …

April 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

If someone is arrested and interrogated by law enforcement, they may make statements about the existence and location of evidence that can be used against them in court. This can be especially harmful to their defense if the evidence in question, such as a weapon, is discovered by police as a result of that statement.  Even if someone does not …

March 31, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Imagine a suspect is arrested by law enforcement. They are told of their right to remain silent. However, the arresting officers omit that the suspect has the right to have an attorney during questioning. When officers begin the interrogation, the suspect initially remains quiet, but finally confesses. That confession is inadmissible in court. This blog will explore when someone has …

March 31, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, like the rest of the United States, there is a cherished tradition of free speech and expression. But this right is not unlimited. Florida’s legislature has made clear that when someone threatens a mass shooting – including a school shooting – this is not protected by the First Amendment. In fact, it is a felony. Florida Statutes Section …

August 30, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges, News & Announcements Social Share

Is “Plain Smell” of Marijuana Probable Cause in Florida? A Major New Court Ruling Says No For decades, Florida courts have generally agreed that the plain smell of marijuana is sufficient for police officers to conduct a search of a person or their vehicle, often referred to as the “plain smell doctrine.” But a new ruling from a major Florida …

June 29, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, misdemeanors are criminal offenses that are less severe than felonies in terms of potential penalties faced. They can be broken down into two categories: first- and second-degree misdemeanors. This page will explore the types of misdemeanors in Florida and their penalties. Under Florida Statutes Section 775.15, prosecution for a first-degree misdemeanor must occur within 2 years from the …

June 29, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s Laws on Attempt, Solicitation, and Conspiracy In Florida, the offenses of attempt, solicitation, and conspiracy – sometimes referred to as “inchoate offenses” are charged under Florida Statutes Section 777.04. It reads, in part: Attempt: A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but …

June 29, 2024 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

What to Know About Florida’s Evolving Laws on Child Porn, Child Pornography, Child Sexual Abuse Material or “CSAM”, Deepfakes and More Florida’s Child Pornography Laws Florida’s child pornography laws are harsh and scary – even for the law-abiding citizen. You would expect someone who knowingly and intentionally possesses child pornography to know child pornography laws in Florida are harsh and …

June 27, 2024 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

What is Theft in Florida?  A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another person – with the intent to temporarily or permanently deprive that other person of the right or benefit of that property. Theft also occurs if a person appropriates property for personal use …