Pumphrey Law Blog

July 1, 2021 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Ambien is a sedative-hypnotic sleep medicine used by adults to treat insomnia. The Ambien defense is also known as the “sleep driving” defense. The Food and Drug Administration (FDA) defines sleep driving as “driving while not fully awake after ingestion of a sedative-hypnotic product, with no memory of the event.”[1] Zolpidem (sold under the brand names Ambien, Ambien CR, Edluar, …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Most people are familiar with the general right to counsel. However, there are a lot of nuances and exceptions within this right that are incredibly important to know. The right to counsel is housed in two different constitutional amendments. The Fifth Amendment gives individuals the right to counsel during questioning. For more information on the Fifth Amendment, please visit our …

June 30, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

The Fifth Amendment of the United States Constitution ensures that “no person shall be compelled to be a witness against himself.”[1] This right to remain silent is extended to the state through the Fourteenth Amendment.[2] Almost everyone is familiar with Miranda rights in some form or another from popular criminal procedural television and movies. However, a lot more goes into …

June 30, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What is GERD? Gastroesophageal reflux disease (GERD) is a digestive disorder that affects the ring of muscle between your esophagus and stomach.[1] It occurs when stomach acid frequently flows back into your esophagus.[2] This backwash, or acid reflux, irritates the lining of the esophagus and causes gas and vapor from the stomach to travel through the esophagus and expel through …

June 29, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

The insanity defense is one of the most well-known defenses in pop culture. Famous insanity defense cases include the trial of notorious serial killer Jeffery Dahmer who pled not guilty by reason of insanity, Kenneth Bianchi, better known as serial killer “The Hillside Strangler” who feigned a mental illness in custody in the hopes of raising an insanity defense, and …

June 29, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What is a Firework? Nearly everyone has seen fireworks in the sky, but with the Fourth of July approaching, it’s important to know the nuances behind the use of fireworks that can lead to legal trouble. Chapter 791 of the Florida Statutes outlines the rules and regulations of the sale and use of fireworks. Under Section 791.01, fireworks include “any …

June 29, 2021 Don Pumphrey, Jr. Criminal Defense, Seal or Expunge Criminal Record Social Share

After getting convicted of a criminal offense, it may feel as if you’re left with little to no options. Holding a criminal conviction on your record can negatively impact your life, such as making it difficult to find a career or place to live. Despite these difficulties, the state of Florida offers relief through the process of clemency. If a …

June 26, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What Martin v. State Tells Us About Juror Dishonesty in Criminal Cases Jury trials are a sacred right for Florida’s criminal defendants, and the right to a fair and impartial jury of your peers is enumerated in Article I, Section 22 of the Florida Constitution, the Sixth Amendment of the United States Constitution, and the Due Process Clause of the …

June 26, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What Does the Fourth Amendment Protect Against? The Fourth Amendment protects citizens against unreasonable searches and seizures perpetrated by the government. The general rule under the Fourth Amendment is that a search or arrest warrant and probable cause are required before a member of the government can lawfully search or seize an individual or their property. However, one or both …