Pumphrey Law Blog

February 17, 2022 Don Pumphrey, Jr. Criminal Defense Social Share

Duress, or Necessity, is an affirmative defense in Florida. It generally occurs when someone commits a crime but felt that they had no choice but to commit the crime. Essentially, the defense argues that the defendant only committed the criminal act because there was an emergency or danger. If this defense is successfully raised, the defendant could face zero criminal …

February 14, 2022 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

The Pandemic’s Silver Lining – Florida Goes Against National Trend in 2021 Murders Florida may be a part of a positive trend coming from the COVID-19 pandemic. Although there were a lot of negative outcomes from the pandemic’s outbreak, one silver lining is that the number of murders decreased in several major Florida counties from 2020 to 2021. Considering the …

February 11, 2022 Don Pumphrey, Jr. Criminal Defense Social Share

Under Florida law, you cannot cause a child to be in need of services or encourage them to violate a legal ordinance. This offense is codified under Florida Statute Section 827.4(1) entitled “Contributing to the Delinquency or Dependency of a Child.” It is a lesser-included offense of child neglect or abuse and is most often charged to an adult who …

February 10, 2022 Don Pumphrey, Jr. Criminal Defense Social Share

What is a Plea? Plea bargaining is a method by which many criminal cases are disposed of without going to court. Essentially, both of the parties come to an agreement regarding the disposition of the case. Plea bargains are common because defendants can avoid the expense and time of going to trial, the risk of a more severe sentence, and …

February 10, 2022 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

*This article is for informational use only. Pumphrey Law does not practice, nor advise, on any Baker Act matters, in Florida or elsewhere.* Baker Act – General Goal & History Florida’s Baker Act, also known as the Florida Mental Health Act, is a law encompassed in Chapter 394 of the Florida Statutes that provides comprehensive legal procedures when it comes …

February 10, 2022 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

What Does it Say? This week, the Children, Families & Seniors Subcommittee voted in favor of HB 1249, titled “Treatment of Defendants Adjudicated Incompetent to Stand Trial.” The bill, spearheaded by Representative Jenna Persons-Mulicka of Fort Myers, would allow individuals who are adjudicated as incompetent to receive mental health treatment inside of county jails, rather than at a state hospital. …

February 8, 2022 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Marijuana has started to become more openly accepted across the United States. According to the National Conference of State Legislatures (NCSL) it’s now recreationally legal in 18 states and legal for medical reasons in 37 states, including Florida. However, marijuana—also referred to as weed—is still considered a controlled substance under federal law. This means getting caught with marijuana can still …

February 8, 2022 Don Pumphrey, Jr. Criminal Defense Social Share

State Senator Bobby Powell, a democrat representing Senate District 30 in West Palm Beach, recently refiled Senate Bill 1498, a bill that gives voice and the opportunity for change to his concerns regarding the process that allows the state to bypass the juvenile criminal system and be charged as adults instead of minors. What Does the Bill Say? The bill …

February 7, 2022 Don Pumphrey, Jr. Criminal Defense Social Share

Signs You Should Get a Second Legal Opinion on your Criminal Case Second opinions aren’t reserved just for the medical field, though both medical and legal second opinions could turn out to be lifesaving. While these types of second opinions differ in terms of subject matter discussed, they do have something in common: they can be the difference between carrying …