Pumphrey Law Blog

I Talked to the Police in Florida – What Happens Next?

October 9, 2025 Criminal Defense

If someone talks to the police in Florida without an attorney when they are suspected of a crime, this is often harmful to their case. But it is not the end of the road. Countless times a day in Florida, someone is taken into custody and interrogated by police. If officers attempt to talk to someone regarding their alleged involvement …

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FAQs About False Imprisonment in Florida

October 9, 2025 Criminal Defense

False imprisonment is a serious felony in Florida that involves unlawfully preventing the movement of another person against their will – typically through restraint, abduction or confinement. In Florida, false imprisonment is a very serious offense. However, it is often confused with other crimes (such as kidnapping), and sometimes misunderstood by even those with relatively strong knowledge of the criminal …

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New Florida Law Creates Harsh Minimum Sentences for Repeat Sex Offenders

October 9, 2025 Criminal Defense, Sex Crimes

A new Florida law, HB 1455, creates harsh new mandatory minimum sentences for sex offenders who commit certain additional sex offenses after they are released from custody. In Florida, the criminal penalties for sex offenses are very serious. But for those convicted of re-offending, the potential prison time they face is now significantly increased. This is due to a new …

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Domestic Violence Injunctions in Florida: Everything to Know

October 9, 2025 Criminal Defense, Violent Crimes

Domestic violence injunctions in Florida may be issued if someone has previously experienced domestic violence, or has a reasonable and imminent fear of becoming a domestic violence victim. In Florida, petitions are often filed for a domestic violence injunction – regulated by Fla. Stat. 741.30. Whether someone is filing for an injunction (petitioner) or is the target of the petition …

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What is Aggravated Assault with Intent to Commit a Felony?

October 9, 2025 Criminal Defense, Violent Crimes

Aggravated assault with intent to commit a felony occurs when someone commits assault with the intent of using that assault to commit a separate felony offense under Florida law. In Florida, aggravated assault is a very serious offense. There are two types of aggravated assault recognized by Florida law – aggravated assault with the use of a deadly weapon, and …

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Criminal Charges From Boating Accident in Florida? What to Know

October 9, 2025 Criminal Defense

Recent updates to Florida law make it more likely someone may face criminal charges from a boating accident – even if nobody is injured or killed. In Florida, boating accidents are quite common and can be extremely scary. To make it matters worse, if someone unintentionally collides with another boat or the property of another person, they may face serious …

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What Every Florida Appeals Court Says About the Plain Smell Doctrine

October 9, 2025 Criminal Defense, Drug Charges

After hemp and medical marijuana legalization, Florida’s District Courts of Appeal have voiced differing opinions on how the “plain smell doctrine” should be applied to the odor of marijuana. In Florida, the “plain smell doctrine” is a hotly debated legal concept that serves as an extension of the “plain view doctrine.” It allows law enforcement to perform a probable cause …

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FAQs About Lewd or Lascivious Conduct in Florida

October 9, 2025 Criminal Defense, Sex Crimes

Lewd or lascivious conduct is a serious felony in Florida that involves unlawful sexual touching or sexual solicitation of a minor under the age of 16. In Florida, lewd or lascivious conduct (Fla. Stat. 800.04(6)) is a very serious offense. However, it is often confused with other lewd or lascivious crimes, and many do not know about it all. This …

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Major Florida Court Strikes Down ‘Plain Smell Doctrine

October 3, 2025 Criminal Defense, Drug Charges

Marijuana DUI Florida

Florida Appeals Court Rules the Smell of Marijuana is No Longer Considered Probable Cause in Florida On October 2, 2025 a Florida appeals court ruled that the smell of marijuana alone is no longer enough to establish probable cause for a search, reasoning that the odor is indistinguishable from legal substances like hemp and medical marijuana. As a result, law …

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