Pumphrey Law Blog

What You Need to Know About Involuntary Intoxication Defenses in Florida

July 1, 2021 Criminal Defense, Drug Charges, Drunk Driving/DUI

If you or a loved one has been charged with a crime, and you were intoxicated during the commission of the crime, then you may be able to assert an involuntary intoxication defense depending on the circumstances. If you believe that your arrest was a result of involuntary intoxication, it is important that you seek representation from an experienced criminal …

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Innocent Until Proven Guilty: The History and Current Application of the Presumption of Innocence

July 1, 2021 Criminal Defense

“Innocent until proven guilty,” or the presumption of innocence, is a legal phrase deeply entrenched in popular culture. It can be heard on television and in movies during a legal drama, and in the news when a certain case captures national attention. However, not many people know the roots of the phrase or how it actually applies to criminal defendants …

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What is the Ambien Defense in Florida?

July 1, 2021 Criminal Defense, Drug Charges

Ambien is a sedative-hypnotic sleep medicine used by adults to treat insomnia. The Ambien defense is also known as the “sleep driving” defense. The Food and Drug Administration (FDA) defines sleep driving as “driving while not fully awake after ingestion of a sedative-hypnotic product, with no memory of the event.”[1] Zolpidem (sold under the brand names Ambien, Ambien CR, Edluar, …

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Everything You Need to Know About Your Right to Counsel

July 1, 2021 Criminal Defense

right to remain silent

Most people are familiar with the general right to counsel. However, there are a lot of nuances and exceptions within this right that are incredibly important to know. The right to counsel is housed in two different constitutional amendments. The Fifth Amendment gives individuals the right to counsel during questioning. For more information on the Fifth Amendment, please visit our …

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Navigating the Miranda Rights in Florida: Everything You Need to Know

June 30, 2021 Criminal Defense

The Fifth Amendment of the United States Constitution ensures that “no person shall be compelled to be a witness against himself.”[1] This right to remain silent is extended to the state through the Fourteenth Amendment.[2] Almost everyone is familiar with Miranda rights in some form or another from popular criminal procedural television and movies. However, a lot more goes into …

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What is the GERD Defense?

June 30, 2021 Criminal Defense

What is GERD? Gastroesophageal reflux disease (GERD) is a digestive disorder that affects the ring of muscle between your esophagus and stomach.[1] It occurs when stomach acid frequently flows back into your esophagus.[2] This backwash, or acid reflux, irritates the lining of the esophagus and causes gas and vapor from the stomach to travel through the esophagus and expel through …

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Florida’s Insanity Defense Explained

June 29, 2021 Criminal Defense

The insanity defense is one of the most well-known defenses in pop culture. Famous insanity defense cases include the trial of notorious serial killer Jeffery Dahmer who pled not guilty by reason of insanity, Kenneth Bianchi, better known as serial killer “The Hillside Strangler” who feigned a mental illness in custody in the hopes of raising an insanity defense, and …

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How Fireworks Can Lead to Explosive Legal Repercussions in Florida

June 29, 2021 Criminal Defense

fireworks

What is a Firework? Nearly everyone has seen fireworks in the sky, but with the Fourth of July approaching, it’s important to know the nuances behind the use of fireworks that can lead to legal trouble. Chapter 791 of the Florida Statutes outlines the rules and regulations of the sale and use of fireworks. Under Section 791.01, fireworks include “any …

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An Overview of Florida’s Clemency Process: Everything You Need to Know About Pardoning Your Criminal Conviction

June 29, 2021 Criminal Defense, Seal or Expunge Criminal Record

judge

After getting convicted of a criminal offense, it may feel as if you’re left with little to no options. Holding a criminal conviction on your record can negatively impact your life, such as making it difficult to find a career or place to live. Despite these difficulties, the state of Florida offers relief through the process of clemency. If a …

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