Pumphrey Law Blog

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Tallahassee and North Florida’s highest court rules that taking property from the bed of a pickup truck is felony burglary of a conveyance.  In Florida, burglary of a conveyance is a very serious felony offense under Fla. Stat. 810.02. It involves entering a conveyance to commit a separate crime while inside, such as theft (or any other crime other than …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida Supreme Court rules that any time someone asks law enforcement officers a question about their Miranda rights before or during interrogation, they must provide an “honest and straightforward” answer. In Florida (and all 50 U.S. states), someone who is placed into police custody must be notified of their Miranda rights before they are subject to interrogation (or its functional …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Violent Crimes Social Share

In Florida, only six people (not twelve) are required for the impanelment of a jury in most criminal cases. This has been state law for decades, and it was upheld in the U.S. Supreme Court’s 1970 decision, Williams v. Florida, 399 U.S. 78 (1970). The exception to this is in capital cases. If someone is charged with a capital felony …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A decision from a major Florida court reverses a trial judge’s finding of entrapment in a traveling to meet a minor case. The court ruled it was an issue for the jury to decide. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) is a very serious offense. It is a second-degree felony, punishable by up to 15 years …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In DeMare v. State, Florida’s 2nd District Court of Appeal discussed the defense of entrapment in traveling to meet a minor cases stemming from police sting operations. If someone is charged with traveling to meet a minor and online solicitation of a minor in Florida (Fla. Stat. 847.0135), there are various defenses that may be pursued. One of these is …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In a major case, Florida’s 1st District Court of Appeal held that “I don’t want to say nothing” was not an invocation of the right to remain silent. This article will explain why. In Florida, someone must be read their Miranda rights before they are subject to custodial interrogation. Those rights include: The right to remain silent The fact that …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal, the highest court in Tallahassee and Northwest Florida, did not go so far as to reverse the “plain smell doctrine.” However, the court indicated it may do so in a future case. In Florida, the “plain smell doctrine” has recently been under fire. Following the legalization of hemp and medical marijuana, the odor traditionally …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal, which covers Tallahassee and Northwest Florida, holds that criminal mischief is a specific intent crime. But what does that mean? In Florida, criminal mischief is a serious offense. Under Fla. Stat. 806.13, criminal mischief occurs when someone willfully and maliciously injures or damages property belonging to another person.  For someone to be guilty of …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida and throughout the United States, the Sixth Amendment’s Confrontation Clause gives defendants in criminal cases the right to confront their accusers and challenge evidence against them. If someone’s confrontation rights are violated, this can be grounds for the reversal of a trial verdict, depending on what occurred. The view Florida’s courts currently have of the Confrontation Clause originates …