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What is a Statement of Particulars?
March 17, 2022 Don Pumphrey, Jr. Criminal Defense Social Share
Under Florida rules of criminal procedure, a defendant has the right to know of the charges against them with specificity. The document describing the charges generally is referred to as an information or an indictment. An information is a document filed by the State that charges the defendant with a crime and describes the basis for the offense and the …
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What is a Downward Departure?
March 17, 2022 Don Pumphrey, Jr. Criminal Defense Social Share
A downward departure occurs when a judge departs from the lowest permissible prison sentence according to Florida’s Criminal Punishment Code. But how does a defendant dodge a mandatory prison sentence? This blog will explore how the lowest permissible prison sentence is calculated and what circumstances will result in the court straying away from it. Florida’s Criminal Punishment Code Under Section …
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The Three Types of Witnesses in Criminal Trials
March 12, 2022 Don Pumphrey, Jr. Criminal Defense Social Share
Witnesses are incredibly important in criminal cases. Witness testimony provides essential evidence, expert knowledge on dispositive issues, character assessments, and personal knowledge. There are three types of witnesses that generally are called to testify for the state or the defense. These include lay witnesses, expert witnesses, and character witnesses. Lay Witnesses According to Florida Evidence Code 90.701, if a witness …
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Jury v. Bench Trials in Florida
March 12, 2022 Don Pumphrey, Jr. Criminal Defense Social Share
In Florida criminal defense proceedings, defendant can generally take their case to trial before either a judge or a jury of their peers. A trial in front of only a judge is referred to as a “bench trial.” Jury trials are definitely more common and encapsulate the image brought to mind when the public at large hears about a trial. …
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