Pumphrey Law Blog

What Is ‘Effect on the Listener’ in Florida Hearsay Law?

June 30, 2025 Criminal Defense

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. It is generally inadmissible, unless it falls under one of Florida law’s designated hearsay exceptions under Fla. Stat. Section 90.803 or 90.804. However, not every out of court statement will necessarily be considered inadmissible hearsay …

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What Does It Mean to Solicit a Minor Online in Florida?

June 30, 2025 Criminal Defense, Sex Crimes

In Florida, online solicitation of a minor or someone believed to be a minor (such as an undercover officer) for sexual activity is a very serious felony offense. Online solicitation of a minor is a third-degree felony, punishable by up to 5 years in prison, 5 years probation, and a $5,000 fine. When someone is charged with online solicitation of …

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Minimizing Miranda in Florida: Is A Subsequent Confession Inadmissible?

June 30, 2025 Criminal Defense

In Florida, someone who is taken into custody by law enforcement must be read a Miranda warning (their Miranda rights) before they are subject to interrogative questioning. A Miranda warning notifies someone of the following: Their right to remain silent Their right to an attorney, including the right to have an attorney present during questioning The fact that anything they …

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What Are the Penalties for Vessel Homicide in Florida?

June 25, 2025 Violent Crimes

In Florida, vessel homicide is a very serious criminal offense. Unlike many other forms of homicide, vessel homicide does not require someone to have intended to kill the victim for that person to be convicted. But if someone is charged with vessel homicide, what are the potential criminal and financial penalties they may face? This article will answer this question, …

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Does Aggravated Assault With a Deadly Weapon Trigger Florida’s 10-20-Life Law?

June 25, 2025 Criminal Defense, Violent Crimes

Florida’s 10-20-Life law is one of the most significant pieces of legislation in the state relating to the use of firearms. It is also one of the most frequently understood. For many felonies involving the use of a firearm, the 10-20-Life law (Fla. Stat. 775.087) provides: If a firearm is displayed but not discharged, the defendant faces a mandatory minimum …

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20 Years in Prison for Warning Shots? Florida’s 10-20-Life Law Explained

June 25, 2025 Criminal Defense, Violent Crimes

Florida’s “10-20-Life” law is one of the state’s most significant laws in terms of punishing crime involving firearms. If someone commits a felony while using a firearm, and the use of a firearm is not an element of that underlying felony, Florida’s 10-20-Life law creates a system of mandatory minimum sentences based on how the firearm was used.  This article …

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What is Florida’s 10-20-Life Law?

June 25, 2025 Violent Crimes

Florida’s “10-20-Life” law is one of the state’s most widely-discussed statutes. It plays a significant role in sentencing at criminal trials if someone is found guilty of committing a felony involving a firearm, and the use of a firearm is not an essential element of that felony. But what does the 10-20-Life law actually say? This article will discuss the …

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What is the Business Records Hearsay Exception in Florida?

June 25, 2025 Criminal Defense

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. Although hearsay is generally inadmissible in court, various “exceptions” to this rule exist. One of these is the business records exception. But what is the business records exception? This blog will provide an overview of …

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Child Pornography Charges in Florida: Can Malware Set Someone Up?

June 25, 2025 Criminal Defense, Sex Crimes

In Florida, possession of child pornography is a very serious felony offense. It is generally considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine per image or exhibit. However, some cases may involve charges of aggravated possession – a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. …

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