Pumphrey Law Blog

January 7, 2019 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Social Media criminal defense, Sexting, social media Social Share

Technology breeds more and more statutes that make the sending of certain information illegal.  For example, an adult sends a sexually explicit image, with identifying information with the purpose of causing emotional distress to another person.  The mere depiction of a person engaging in indecent chat or sexual conduct involving the above could get a person arrested by the police. …

December 15, 2018 Don Pumphrey, Jr. Criminal Defense, News & Announcements criminal defense, how to answer criminal question on job application, job application questions Social Share

A 2017 survey commissioned by the National Association of Professional Background Screeners (NAPBS) reported that nearly all employers (96%) conduct a background check during the hiring process. For those with a criminal record, this is an intimidating statistic. It can also raise questions about how to accurately report your criminal history on a job application, and what employers are allowed …

December 5, 2018 Don Pumphrey, Jr. Criminal Defense, Social Media internet crime, kodak black, social media, tekashi 69 Social Share

The Negative Impact of Social Media In a survey conducted by CareerBuilder, it was reported that 70% of employers will review a candidate’s social media presence before hiring. This number is exponentially rising with the adoption of social media as a standard, everyday practice in modern life. As a result, it has become habitual for applicants to “clean up” their …

November 5, 2018 Don Pumphrey, Jr. Criminal Defense legal advice, right to remain silent Social Share

Remain silent, get the best attorney and no matter what . . . don’t lie! You have the right to remain silent, why would you lie?  Are you smarter than everyone and convinced you can talk your way out of a situation?  Does someone have a gun pointed to your head threatening to pull the trigger if you don’t lie?  …

November 5, 2018 Don Pumphrey, Jr. Criminal Defense criminal defense, police, rights Social Share

Types of Police-Citizen Encounters in Florida In Florida we have compartmentalized three types of encounters citizens have with police. The three types of encounters are Consensual – Consensual encounters of law enforcement officers and citizens involves consent. In other words, the officer “asks” if the citizen will stop and talk or the officer “asks” if they can see your drivers license or …

September 13, 2018 Don Pumphrey, Jr. Criminal Defense detained vs arrested Social Share

Detained vs. Arrested If I am detained does that mean I am arrested? It depends. Detained does not mean arrested.  In Florida, knowing whether you are arrested or just being detained is a question that has significant implications. Among other consequences, implications can impact speedy trial rights and Miranda rights.  The right in Florida to a speedy trial is triggered …

September 12, 2018 Don Pumphrey, Jr. Criminal Defense, Seal or Expunge Criminal Record background check, criminal defense, criminal record Social Share

“How do I know if I have a record?  I got arrested once and they dropped the case so I don’t have a record . . . right?”   Answer: WRONG.  The only way to truly know whether YOU have a record is to contact the Florida Department of Law Enforcement through the Federal Crime Information Center (run by the FBI …

August 7, 2018 Don Pumphrey, Jr. Criminal Defense, Sex Crimes false allegations, Sex Crime Social Share

False Allegations of Sex Crimes    There is a clear, conceivable and pervasive stigma against the perpetrators of sexual assault and other related crimes. Given the abject depravity of these crimes, this is understandable and expected. Rape is in its own category, “[n]o other crime is so fraught with controversy, so enmeshed in dispute and in the politics of gender …

May 30, 2018 Don Pumphrey, Jr. Criminal Defense Diversion, Pretrial Social Share

Pretrial Intervention in Leon County, FL? We often get questions regarding the Pretrial Intervention program here in Florida. It is also commonly referred to as Pretrial Diversion Program in Florida. People are curious as to how it works, who is eligible, and whether it is a good idea to pursue. The first step if you have any specific questions about …