Pumphrey Law Blog

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 5th District Court of Appeal rules that an explicit post-Miranda request for a lawyer, in certain contexts, does not always mean the police must immediately end questioning. In Florida, someone may (and should!) invoke their Miranda rights to remain silent and request an attorney if law enforcement reads them their rights.  Law enforcement in Florida must read Miranda before …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal shows friendliness to the idea of a twelve-person jury even in cases where death is not a possible penalty. If you’re facing criminal charges in Florida, you may assume a jury of twelve will decide your fate. But in most cases, that’s not true, and a recent major court ruling highlights why this issue …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal rules that simply “carrying” a deadly weapon is insufficient for someone to be found guilty of aggravated assault with that weapon. In Florida, aggravated assault is a very serious felony offense. A common form of aggravated assault is aggravated assault with a firearm or deadly weapon, without intent to kill the victim.  For someone …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal discusses when police conduct during interrogation crosses (and does not) cross the line into “undue coercion.” In Florida, someone subject to custodial interrogation must first be read their Miranda rights. But if someone waives their Miranda rights and agrees to speak with law enforcement, does this give officers the right to do whatever they …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s Supreme Court rules that a guilty verdict at trial can override trial court errors at a Stand Your Ground pretrial immunity hearing. In Florida, Stand Your Ground (Fla. Stat. 776.012, 776.013, 776.031, 776.032, 776.041) is a frequently discussed law. It permits someone to use or threaten to use force, including deadly force, if this is a reasonable and proportional …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

Florida’s 1st District Court of Appeal reiterates that when a suspect unequivocally invokes their right to attorney, police must end questioning unless the suspect voluntarily re-engages. Before someone is subject to custodial interrogation by law enforcement in Florida, they must first be read their Miranda rights. Police must notify someone after they are taken into custody but before interrogation commences …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

If someone talks to the police in Florida without an attorney when they are suspected of a crime, this is often harmful to their case. But it is not the end of the road. Countless times a day in Florida, someone is taken into custody and interrogated by police. If officers attempt to talk to someone regarding their alleged involvement …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

False imprisonment is a serious felony in Florida that involves unlawfully preventing the movement of another person against their will – typically through restraint, abduction or confinement. In Florida, false imprisonment is a very serious offense. However, it is often confused with other crimes (such as kidnapping), and sometimes misunderstood by even those with relatively strong knowledge of the criminal …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A new Florida law, HB 1455, creates harsh new mandatory minimum sentences for sex offenders who commit certain additional sex offenses after they are released from custody. In Florida, the criminal penalties for sex offenses are very serious. But for those convicted of re-offending, the potential prison time they face is now significantly increased. This is due to a new …