Pumphrey Law Blog

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 …

June 27, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

It’s big and nasty like a Fujita 5 Tornado – everyone gets sucked into the vortex of destruction in the form of the most serious possible charge.  The “Principal Statute,” Florida Statutes Section 777.011, pulls everyone (who aids, counsels, abets, hires, procures) in like a tornado and makes them as guilty as the person who pulled the trigger in a …

June 26, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

Entrapment is wrong. It’s a “hawk tuah” on democracy, and all over that thing called due process. However wrong entrapment may be, it is not necessarily intentional – or if intentional, can be the product of poor training or poor planning. Sometimes law enforcement – in trying to do the right thing – does so in the wrong way. Objective …

June 26, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges, Theft/Property Crimes, Violent Crimes Social Share

Before October 31, 1998, the Florida Criminal Punishment Code consisted of restrictions on the maximum and minimum penalties for felonies of various types in Florida. On that day, Florida’s Legislature changed the criminal punishment code to allow a judge in their discretion to give – without any reason either written or otherwise – the maximum penalty for each felony crime …

June 25, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

Your Miranda rights are your right to remain silent, and the right to an attorney. Remaining silent does not allow law enforcement officers – or anyone for that matter – to say you are lying, nor does it allow misinterpretation or misunderstanding. Anything, and I mean anything you say – to anybody – can and will be used against you …