Pumphrey Law Blog

July 14, 2021 Don Pumphrey, Jr. Criminal Defense, Seal or Expunge Criminal Record Social Share

Florida’ new mugshot law[1] came into effect on July 1, 2021 and provides Floridians with mugshots a remedy and means to fight against companies who post their mugshots online without consent. This new law requires that companies who publish mugshots remove the photos if requested by the person depicted in the photograph. If the company does not remove the photograph …

July 14, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

The Florida Uniform Crime Reporting Program defines a hate crime as a “committed or attempted criminal act by any person or group of persons against a person or the property of another person or group, which in any way constitutes an expression of hatred toward the victim because of his/her personal characteristics. Personal characteristics include: race/color; gender/gender identity; religion; ethnicity/ancestry/national …

July 14, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Jury instructions are read to the jury at the end of trial and are a set of directions for the jury to follow. These instructions outline how the jury should evaluate the evidence that was presented. You can read more about jury instructions in criminal cases here. In addition, these instructions outline potential defenses available that should also be evaluated …

July 13, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

A law review article on Psychology, Factfinding, and Entrapment addressed how the law acknowledges that, “criminal behavior is not always the result of a culpable mind, but it is sometimes the result of an interaction between the individual and his environment.” When a person is persuaded to commit a crime that they wouldn’t usually commit, they may be able to …

July 12, 2021 Don Pumphrey, Jr. News & Announcements Social Share

Nxivm is a company created by Keith Raniere that offered self-improvement workshops that promised “a path to happiness [by] seducing wealthy people who felt they lacked a higher purpose in life.”[1] Raniere was hailed as “an elusive, god-like savant within the company” who could cure anxieties and conditions.[2] In reality, this self-help program was a fraud scheme and sex cult …

July 12, 2021 Don Pumphrey, Jr. Criminal Defense, Drone Law, News & Announcements Social Share

Florida Senate Bill 44 (SB-44).[1] was introduced in December of 2020. It proposed an expansion of the authorized use of drones by law enforcement agencies, state agencies, political subdivisions, or by fire department personnel. This bill was approved and went into effect officially on July 1, 2020.[2] Prior to SB-44’s approval, Florida state law prohibited law enforcement agencies from using …

July 9, 2021 Don Pumphrey, Jr. College, College Student Disciplinary Hearing, Criminal Defense Social Share

A Student Conduct Hearing is implemented by Florida universities and established by the school’s president as a means of disciplining students who have violated that particular school’s Code of Conduct. This Code of Conduct will outline rules that students attending the university are expecting to abide by, and some include on-campus and off-campus violations alike. The Code should also outline …

July 9, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Litigation is tricky for more reasons that one. The stress of trial can cause some attorneys to forget the importance of preserving issues for appeal or ensuring that the record is all-encompassing. An attorney must plan ahead and preserve the record for appeal, because “if it’s not in the record, it does not exist,” as far as appellate review goes.[1] …

July 8, 2021 Don Pumphrey, Jr. College, College Student Disciplinary Hearing, Criminal Defense Social Share

What is a Student Code of Conduct? A Student Code of Conduct is a set of principles, expectations, and rules that are given to students to communicate the expectations the school has for their behavior. It outlines student rights as well as responsibilities students are expected to uphold. Student Codes of Conduct are intended to preserve academic integrity, as well …