Pumphrey Law Blog

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Juvenile Offenses Social Share

Florida’s 1st District of Appeal ruled that even though a juvenile drove a vehicle after he had been drinking, exceeded the speed limit, and swerved off the road, he could not be found guilty of vehicular homicide. In Florida, vehicular homicide is a very serious offense. For someone to be found guilty, the State must prove the following beyond a …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 3rd District Court of Appeal ruled that a juror who disclosed that she was molested as a child was permitted to sit on a jury that found a defendant accused of lewd molestation guilty, as she said she could be “fair and impartial.” In Florida, jury selection (also known as voir dire) is an important component of any criminal …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 2nd District Court of Appeal ruled that the presence of a “smoking” crack pipe located on the floorboard beneath the driver’s seat, was insufficient to establish the driver’s constructive possession of the pipe. In Florida, possession of drug paraphernalia is a serious crime (Fla. Stat. 893.147). Under Florida law, this is typically considered a first-degree misdemeanor (up to 1 …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 2nd District Court of Appeal reversed a defendant’s conviction for attempted sexual battery after he was ensnared in a “traveling to meet a minor” police sting. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) is often charged alongside two other charges that compose the “unholy trinity” – solicitation of a minor (Fla. Stat. 847.0135(3)) and unlawful use …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s courts generally agree that although a lack of a criminal record is relevant in showing lack of predisposition to commit an offense, “post-inducement conduct” alone can establish that a defendant was predisposed to act unlawfully. In Florida, entrapment can be a potent defense to criminal charges if someone was induced by law enforcement to act criminally. There are two …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Judge Milton Hirsch denied a defendant’s motion for a twelve-person jury in an attempted murder trial, but not before making clear that he was only denying the motion because he was bound by a recent appellate court decision. In Florida, the vast majority of criminal cases (felonies and misdemeanors) are heard by juries consisting of just six members. The only …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A major Florida court ruled that despite an alleged child victim of sexual battery being 21 at the time a defendant was tried, her statements from the time she was a minor could still be admitted under Florida’s child hearsay exception. In Florida, child hearsay is a common legal issue at trials involving minor victims, particularly in cases of alleged …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal affirmed a defendant’s second-degree murder conviction, even though his Miranda rights were violated and his confession was wrongly used against him at trial. In Florida and throughout the United States, someone must be advised of their Miranda rights before they are subject to custodial interrogation. Per the U.S. Supreme Court’s landmark ruling in Miranda …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that despite evidence of significant damage to a victim’s vehicle intentionally caused by a defendant, the State had not proved the defendant guilty of felony criminal mischief. In Florida, criminal mischief is a serious offense under Fla. Stat. 806.13. It occurs when a person willfully and maliciously damages the property of another person …