Pumphrey Law Blog

The Myth of Expungement

September 5, 2017 Seal or Expunge Criminal Record

Expungement, or Sealing of a record, is commonly musunderstood by unknowing students and parents, “the case was dropped, it’s off my/your/his/her record” The Myth of expungement in Florida revolves, in part, around programs like “diversion”, “Pre-Trial Intervention”, “my case was dropped” or “No Information” and any other term or coined phrase that indicates a favorable disposition of an arrest (including …

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Capias in Florida: How to Withdraw a Capias in Florida

August 1, 2017 Criminal Defense Bench Warrants, Capias, Warrants

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 …

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Navigating Taylor: How Much Authority Does the FAA Have Over Hobby Drone Flights

July 20, 2017 Drone Law Drones

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*Articles on this blog are not to be construed as legal advice, this warning is very predominantly displayed at the bottom of this page, but in this instance it is even more important. On the off chance that this article is ever copied without permission, please note that the law discussed is largely unsettled, the FAA is rewriting a requirement …

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Intoxilyzer in Florida: What Do I Need To Know?

July 17, 2017 Drunk Driving/DUI DUI, Intoxilyzer

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What is an Intoxilyzer? The Intoxilyzer is a brand of evidential and preliminary breath alcohol measuring machines.  Currently, Florida uses the Intoxilyzer 8000 which is the replacement breath testing machine in Florida replacing the Intoxilyzer 5000.  The attorneys in our firm are put through rigorous training on the intoxilyzer (both the Intoxilyzer 5000 and the Intoxilyzer 8000) so we can …

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What is a Capias Warrant in Florida?

July 11, 2017 Criminal Defense Capias

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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 …

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Probation Violation(s) Must Be Willful and Substantial!

July 6, 2017 Probation Violation

probation violations florida

A VOP (Violation of Probation) MUST be Willful Almost daily at the Pumphrey Law Firm, we receive inquiries about probation violations for both County Probation and for State Probation (State Probation is run by the Florida Department of Corrections).  Although the probation officer whether, State or County, alleges a violation of probation that does not mean that an actual violation occurs.  Many …

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Cake Bakers and Sexual Predators

June 28, 2017 Criminal Defense

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 …

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CS/SB 494 – Compensation of Victims of Wrongful Incarceration

May 11, 2017 Criminal Defense Clean Hands Provision

wrongful incarceration florida

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 …

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Florida Criminal Hazing Accusations

April 25, 2017 College Student Disciplinary Hearing College Hazing

college criminal hazing in florida

Hazing under Fla. Stat. § 1006.63 At many colleges, universities, and post-secondary institutions, hazing is a rite of passage that allows one to cross over into membership in the “Greek” community.  “Greek” refers to the various fraternities and sororities designated by Greek letters that promote camaraderie and philanthropic activity among students and alumni.  Although hazing may be a tradition for …

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