Pumphrey Law Blog

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 …

March 27, 2017 Don Pumphrey, Jr. Criminal Defense Social Share

“Criminal Defense Attorney” or “Attorney” are not common search terms here in Tallahassee; our State capital.  Unfortunately, “Tallahassee Criminal Defense Attorney” is the most searched term, let’s face it. The reason is quite simple.  Tallahassee or Leon County ranks at the top of crime rate as reported by The Tallahassee Democrat. According to the Tallahassee Democrat, “[the number of reported crimes …

March 23, 2017 Don Pumphrey, Jr. Criminal Defense Social Share

The majority of the defendants in any given Florida courtroom could not tell you the meaning of the term nolle prosequi. Nolle Prosequi, in legal terms, means that ‘[a]t common law the State has the discretion to announce a nolle prosequi any time prior to the swearing of the jury to try the cause. Wilson v. Renfroe, 91 So.2d 857, 859 (Fla.1956). …

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

Florida Governor Rick Scott signed all but three of the 272 bills that came to his desk during the 2016 legislative session. While 67 went into effect immediately upon receiving the signature of the governor and another 159 took effect on July 1, three bills became effective at the start of 2017. The three new laws in Florida include the …

January 4, 2017 Brent Marshall Criminal Defense Social Share

James Bates of Bentonville, Arkansas claims he woke up on November 22, 2015 to find his friend, Victor Collins, dead in his hot tub.[1]  At about 9:30 AM Bates called 911 to report that he found the body after a night of heavy drinking with Collins and another friend. [2]  Bates claims to have no memory of what occurred, but …

December 2, 2016 Don Pumphrey, Jr. Criminal Defense Social Share

“Man is not man, but a wolf to those he does not know.” – Plautus As a trial lawyer one of your most important goals is to “persuade juries,” (Berg, 2006). In order to do so this requires a certain level of confidence and bravado that some attorneys are natural born with and others are not. Effective trial lawyers must …

August 19, 2016 Don Pumphrey, Jr. Criminal Defense Social Share

Think of the children.  Incarceration affects children. Our decisions as human beings impact the ones we love, particularly our children. When someone is arrested, many people outside of that individual are affected, whether the arrest or incarceration occurs locally in Leon County, Tallahassee, Florida or Nationally. Regardless of the charge, whether it is for DUI, DUI Manslaughter, Domestic Violence, drug crimes, or any other …

August 5, 2016 Don Pumphrey, Jr. Criminal Defense Social Share

If you are under investigation for committing a crime, it is important to seek out the services of a qualified criminal defense attorney before you make a statement or answer any questions. Both the United States Constitution and the Florida Constitution provide important protections against self-incrimination. The Florida Supreme Court recently decided on May 5, 2016, State v. Horwitz, SC15-348 (2016), …

October 9, 2012 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI DUI Social Share

As I tell juries during jury selection, the arrest decision for Driving Under the Influence (DUI) is very unique.  It’s one of the few crimes where a citizen can be arrested and seized based solely on the opinion of a police officer.  A little-known fact is that the demand for a breath sample is not allowed by Florida law until …