Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals

* Statistics Verified by County Clerk of Court Documents

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Pumphrey Law Blog

Author: Don Pumphrey, Jr.

Mental Health Expert Witness – What is the Difference between a Forensic Psychiatrist and Forensic Psychologist?

April 4, 2022 Criminal Defense

Despite common confusion, there is a difference between a psychologist and a psychiatrist. The same is true for an expert witness in a criminal case. Both a forensic psychologist and a forensic psychiatrist can be used to aid in the defense of a criminal defendant. In simple terms, a psychologist does not have any medical training, but has training and …

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What is a Human Factors Expert in a Criminal Case?

March 31, 2022 Criminal Defense

Human factors is a science that asks the age-old question – why do people do what they do? Human factor expert witnesses can come from a variety of backgrounds and serve the same purpose as every other expert retained in a criminal trial, to assist the trier of fact in reaching a decision. Now you may be thinking, how can …

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What Happens if there is a Non-Unanimous Death Penalty Sentence? Hillsborough Execution Sentence Reconsidered

March 31, 2022 Criminal Defense

A Florida man convicted of first-degree murder almost eighteen years ago has found himself in the courtroom once again. William Deparvine was found guilty of the murder of a Florida couple, and while the issue of his guilt is not up for discussion, the fate of his life or death is. Due to a change to Florida law regarding the …

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How Can Digital Evidence Affect a Child Pornography Criminal Case?

March 31, 2022 Criminal Defense, Sex Crimes

Getting accused of a child pornography crime is an extremely serious matter. Florida has extremely strict laws regarding child pornography, which you can read more about here. With a child pornography conviction comes high fines, long prison terms, sex offender registration, and the social stigma with family, friends, and peers. Although it may seem like an impossible charge to beat, …

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Defining Criminal Intent in Florida

March 31, 2022 Criminal Defense

Criminal intent is incredibly important in Florida criminal law. Intent generally refers to a defendant’s state of mind when they commit the criminal act charged. Under common law, there are a few kinds of criminal intent, but the majority of criminal offenses fall under specific or general intent. Differences Between the Types of Intent There are many differences between general …

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Open Container Laws in Florida

March 31, 2022 Criminal Defense, Drunk Driving/DUI

Drinking laws are pretty well-known to lawyers and laymen alike. Don’t drink above the legal limit and drive. Don’t drink unless you’re 21 years old or older. But, what about open container laws? Sure, some people might have heard the phrase used, but what does it really mean? Well, the law is both civil and criminal. For statutory offenses, they …

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Can I Go to Jail for Spanking My Child?

March 31, 2022 Criminal Defense, Violent Crimes

Everyone has different parenting styles. This is especially true when it comes to disciplinary methods. While some parents see spanking as a fit punishment, others might find it barbarous. But is it illegal in the eyes of the law? Corporal punishment is a complicated legal issue as courts, including the United States Supreme Court, have precedent outlining parents’ fundamental right …

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What is a Computer Forensic Expert in a Criminal Case?

March 31, 2022 Criminal Defense

An expert witness, whether testifying for the defense or prosecution, plays a key role in a criminal case by assisting the judge or jury in reaching a decision. There are countless kinds of expert witnesses, but as technology has evolved and grown exponentially, computer forensic experts have become critical in cases involving electronic devices. Technological developments have led to new …

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How a Forensic Interview Expert Could Save Your Criminal Trial

March 31, 2022 Criminal Defense

A forensic interview is a single interview, usually recorded, that is designed specifically to allow children to discuss claims about their own abuse or another’s abuse. These interviews are meant to be empathetic, supportive, and completely objective to elicit only honest responses from the child and avoid answers predicated on suggestive techniques. These interviews are often essential for the prosecution …

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