Pumphrey Law Blog

October 10, 2017 Don Pumphrey, Jr. College Student Disciplinary Hearing, Criminal Defense Fake ID Social Share

You may think being under 21 and having a fake ID is just a rite of passage; we all did it, right?  Wrong, in the State of Florida unauthorized possession of and other unlawful acts in relation to driver license or identification cards can be punishable under Sections 322.212 and 322.32, Florida Statutes. Fake IDs include any identification that has …

October 9, 2017 Don Pumphrey, Jr. Bench Warrants/Warrants, Criminal Defense, Probation Violation County Work Program, Diversion Program, Probation Community Service Social Share

A Guide to Diversion through Community Service/County Work Program So, you’ve been arrested for a charge that will qualify you for state attorney diversion work program/community service, and you’re wondering what happens next. Well, fortunately for you, Pumphrey Law is here to assist and hopefully the process outlined below will help you navigate the process for diversion in Leon County. …

September 15, 2017 Brent Marshall Criminal Defense 4th Amendment, iPhone Law, iPhone X Social Share

The FBI and Apple famously squared off when the FBI argued that the All Writs Act of 1789 entitled them to solicit Apple’s assistance in unlocking a potential terrorist’s iPhone.[1] The FBI knew they would be able to use a computer to guess the pin in about 26 minutes, but needed Apple to turn off the phone’s setting that only allowed …

August 1, 2017 Don Pumphrey, Jr. Criminal Defense Bench Warrants, Capias, Warrants Social Share

How to withdraw a capias in Florida? This is not a question many people have to deal with on a daily basis unless you are a criminal defense attorney or someone in the criminal justice system.  In previous blog posts I have defined what a Capias actually is and what it is used for by the prosecutor and/or the judge here …

July 11, 2017 Don Pumphrey, Jr. Criminal Defense Capias Social Share

What is a capias in Florida? A capias is a court order directing the arrest of a person/defendant.  In layman terms, a capias is a tool utilized by the court to have a person physically arrested, detained, and brought before the court.  If a court deems the issuance of a capias is needed, the court will direct the Clerk of …

June 28, 2017 Brent Marshall Criminal Defense Social Share

Cake Bakers and Sexual Predators: Which Forms of Speech are Protected Under the First Amendment and How This May Shape Criminal Defense in the Future The news has been inundated with stories on the now-famous Colorado cake baker who refused to bake a cake for a same-sex couple, and the subsequent legal battle that resulted.[1] A less reported on, but nevertheless …

May 11, 2017 Don Pumphrey, Jr. Criminal Defense Clean Hands Provision Social Share

Finally Getting Rid of Clean Hands? What happens when a prisoner is wrongfully accused of a crime? We can hardly deny that prison, for any length of time, can be a completely life changing experience. Especially if the wrongfully accused crime was something heinous such as sexual assault, homicide, or serious drug offenses. So what has the Florida government done to …

April 6, 2017 Don Pumphrey, Jr. Criminal Defense Social Share

If you could somehow read the mind of opposing counsel and anticipate their every argument, would you? On some level, you may be privy to the opposition’s case through their brief and/or disclosure of evidence, but being able to predict what they will say is impossible, or is it? In sport, an athlete’s ability to predict their opponent’s next move …

March 30, 2017 Don Pumphrey, Jr. Criminal Defense, Florida Panhandle Arrests Social Share

I’m getting pulled over! Oh Crap! There are blue lights flashing behind you indicating that you need to pull over.  What should you do?  The blue flashing lights are directed at you.  What do you do if you get pulled over by the police? Everyone has been pulled over at some point in their life. Being pulled over is stressful …