Pumphrey Law Blog

Prison over Freedom? Florida Woman Asks to go Back into Jail to Avoid Homelessness and a Probation Violation

December 4, 2021 Criminal Defense, Probation Violation

Prison over Freedom? Florida Woman Asks to go Back into Jail to Avoid Homelessness and a Probation Violation Most of the time when people have served time in jail, they’re most excited for the day that they get released. The thought of freedom and returning to society keeps hope alive. Let’s be honest, a jail cell is not a comfortable …

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Will I Violate My Probation If I Get a Speeding Ticket?

November 30, 2021 Criminal Defense, Probation Violation

Essentially, the answer is a lawyer’s favorite phrase: “It depends.” If the speeding ticket is merely a civil infraction without any criminal punishments attached, it will not likely violate the terms of your probation. However, if it is a criminal traffic offense related to speeding, your probation will likely be considered violated. What is Probation? In Florida, probation is treated …

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What is Florida’s Implied Consent Law?

November 30, 2021 Criminal Defense, Drunk Driving/DUI

In Florida, the Implied Consent Law discusses how and during which situations law enforcement can request and administer breathalyzer, urine analyses, and in some situations, blood tests during DUI investigations in order to determine an individual’s blood-alcohol level or level of impairment. The Statute – Section 316.1932 of the Florida Statute Florida’s Implied Consent Law is codified in Section 316.1932 …

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How a Second Opinion Could Help Your Criminal Case

November 30, 2021 Criminal Defense

When someone hears the phrase “second opinion” the first thing they think of generally is the medical field. There, a second opinion refers to ensuring a diagnosis is correct by asking another doctor or physician to confirm the first practitioner’s findings. In the medical context, second opinions can be critical since they can bring about novel treatment options, open up …

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Florida’s Trespass on School Grounds Law

November 30, 2021 Criminal Defense

The holiday season has rolled around which means many Floridians are heading back home to celebrate with their families. You might even be heading home for the holidays! While you are at it, you might think to visit your alma mater to catch up with past friends and mentors that might be attending or working at your old school. Perhaps …

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Everything You Need to Know About Florida’s Discharging a Firearm in Public Laws

November 30, 2021 Criminal Defense

General Overview Under Florida Law, it is a crime to knowingly discharge a firearm in a public space, usually anywhere that frequently hosts members of the public. This crime can carry serious penalties, like fines, jail time, probation, and either a misdemeanor or felony on your criminal record. These penalties will vary contingent on where the firearm was discharged and …

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Can A Traffic Infraction Violate My Probation?

November 30, 2021 Criminal Defense

Short answer: It depends. As explained in more detail below, this distinction rests on whether the traffic offense is classified as civil or criminal. For most civil traffic offenses, your probation will not be considered violated (unless a specific provision within your terms of probation exists that classifies this as a violation). However, for criminal traffic offenses, your probation will …

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Can I Be Arrested for Having an Open House Party?

November 30, 2021 College, Criminal Defense

There are so many appeals to living in a college town like Tallahassee. The beautiful campuses, great food scene, nightlife, and especially open house parties hosted by other college students. Attending these parties is usually a fun and carefree experience where you drink on someone else’s dime, party in someone else’s house, and worry little about the consequences. However, hosting …

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The Danger Behind Florida’s ‘Two-Strikes’ Law

November 30, 2021 Criminal Defense

 Currently, Florida has more prisoners incarcerated for life with zero chance of parole than any other state in the country. Florida’s two-strikes law, which states that criminals who have already been imprisoned for one crime may be given a life sentence if they reoffend upon release, regardless of the nature of that crime, is in part a reason for this …

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