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). …
The 2017 House Bill 949 entitled Driving Under the Influence was introduced by State Representative Cord Byrd (R- Neptune Beach) in the Transportation and Infrastructure Subcommittee on March 7, 2017. On March 21, 2017, the bill passed the House and is currently pending review of CS under Rule 7.18(c). The 2017 CS/HB 949 amends Fla. Stat. § 316.193(2) to provide …
Driving under the influence (DUI) offenses are taken very seriously in Florida. A DUI conviction can lead to serious consequences such as paying fines, jail time, license suspension, or all three. In Florida, defendants convicted of a DUI may also be required to install an ignition interlock device in their vehicle. This page will define an ignition interlock device and …
Stand Your Ground (SYG) has been a widely debated topic across the United States, especially with the numerous high-profile cases involving self-defense. Approximately twenty-two (22) states have some version of a stand your ground law. As of today, the states that have SYG laws include Alabama, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North …
Although marijuana legislation in Florida is a controversial issue, recreational use is becoming more acceptable across the country. The health benefits of marijuana are becoming more acknowledged and more states are getting on board with legalization. Currently, twenty-eight (28) states, including the District of Columbia, have legalized medical marijuana. Seventeen (17) states have decriminalized marijuana, and seven (7) states have …
I am a criminal defense attorney in Tallahassee, Florida, and I primarily focus on criminal allegations. However, I also handle collateral matters and allegations, the increasing number of which, involve ex-girlfriends, friends with benefits, friends, strangers found on social media and on and on . . . . It’s seemingly never-ending. Here is how it goes, someone gets their feelings …
A Florida advocacy group has proposed that Florida legislators make a major change to their sex offender registry program. With over 65,000 sex offenders currently registered on Florida’s state registry, this list includes offenders charged with minor offenses such as indecent exposure and those charged with more serious crimes such as sexual assault. The Florida Action Committee suggests that a lack of …
As of February 2, 2017, Senate Bill 196 is circulating Florida’s Senate. Senate Bill 196 aims to provide a less stringent alternative for juvenile offenders charged with minor or first-time offenses. Under Senate Bill 196’s proposed penalties for eligible misdemeanors, juvenile offenders found committing any of the offenses provided under this Bill will be provided with a citation in lieu of an …
Following the 2016 election, Florida has passed several laws aimed at reducing Florida’s growing prescription drug and over-the-counter drug abuse problem. Some these laws are aimed at healthcare policies and their respective benefits. With the rising number of opioid addiction cases in the state of Florida, Florida legislators have taken steps to limit this growth, and reduce the number of drug abuse …
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.