Blog Posts and Articles

Could the iPhone X Erode the 4th Amendment?

Could the iPhone X Erode the 4th Amendment?   The FBI and Apple famously squared off when the FBI argued that the All Writs Act of 1789 entitled them to solicit Apple’s assistance in unlocking a potential terrorist’s iPhone.[1] The FBI knew they would be able to use a computer to guess the pin in about 26 minutes, but needed Apple to turn off the phone’s setting that only allowed 10 failed attempts before the phone was erased;[2] Apple’s response… Read more

The Myth of Expungement

The Myth of Expungement  Expungement, or Sealing of a record, is commonly musunderstood by unknowing students and parents, “the case was dropped, it’s off my/your/his/her record” The Myth of expungement in Florida revolves, in part, around programs like “diversion”, “Pre-Trial Intervention”, “my case was dropped” or “No Information” and any other term or coined phrase that indicates a favorable disposition of an arrest (including… Read more

CAPIAS IN FLORIDA: HOW TO WITHDRAW A CAPIAS IN FLORIDA

CAPIAS IN FLORIDA: HOW TO WITHDRAW A CAPIAS IN FLORIDA How to withdraw a capias in Florida?   This is not a question many people have to deal with on a daily basis unless you are a criminal defense attorney or someone in the criminal justice system.  In previous blog posts I have defined what a Capias actually is and what it is used for by the prosecutor and/or the judge here in Florida.  Everyone may have his or her own approach to getting a Capias withdrawn. … Read more

Navigating Taylor: How Much Authority Does the FAA Have Over Hobby Drone Flights

Navigating Taylor: How Much Authority Does the FAA Have Over Hobby Drone Flights   *Articles on this blog are not to be construed as legal advice, this warning is very predominantly displayed at the bottom of this page, but in this instance it is even more important. On the off chance that this article is ever copied without permission, please note that the law discussed is largely unsettled, the FAA is rewriting a requirement that the judiciary has struck down. As always, if… Read more

Intoxilyzer in Florida: What Do I Need To Know?

Intoxilyzer in Florida: What Do I Need To Know? What is an Intoxilyzer?   The Intoxilyzer is a brand of evidential and preliminary breath alcohol measuring machines.  Currently, Florida uses the Intoxilyzer 8000 which is the replacement breath testing machine in Florida replacing the Intoxilyzer 5000.  The attorneys in our firm are put through rigorous training on the intoxilyzer (both the Intoxilyzer 5000 and the Intoxilyzer 8000) so we can understand… Read more

Understand a Capias in Florida

Understand a Capias in Florida What is a capias in Florida? A capias is a court order directing the arrest of a person/defendant.  In layman terms, a capias is a tool utilized by the court to have a person physically arrested, detained and brought before the court.  If a court deems the issuance of a capias is needed, the court will direct the Clerk of Court to issue a capias.  Many persons are unaware but a capias may be issued… Read more

Probation Violation(s) Must Be Willful and Substantial!

Probation Violation(s) Must Be Willful and Substantial! A VOP(Violation of Probation) MUST be Willful Almost daily at the Pumphrey Law Firm, we receive inquiries about probation violations for both County Probation and for State Probation (State Probation is run by the Florida Department of Corrections).  Although the probation officer whether, State or County, alleges a violation of probation that does not mean that an actual violation occurs.  Many times,… Read more

Cake Bakers and Sexual Predators

Cake Bakers and Sexual Predators Cake Bakers and Sexual Predators: Which Forms of Speech are Protected Under the First Amendment and How This May Shape Criminal Defense in the Future             The news has been inundated with stories on the now-famous Colorado cake baker who refused to bake a cake for a same-sex couple, and the subsequent legal battle that resulted.[1] A less reported on, but nevertheless legally relevant case… Read more

CS/SB 494 - Compensation of Victims of Wrongful Incarceration

CS/SB 494 - Compensation of Victims of Wrongful Incarceration Finally Getting Rid of Clean Hands? What happens when a prisoner is wrongfully accused of a crime? We can hardly deny that prison, for any length of time, can be a completely life changing experience. Especially if the wrongfully accused crime was something heinous such as sexual assault, homicide, or serious drug offenses. So what has the Florida government done to ease wrongfully convicted individuals… Read more

Florida Criminal Hazing Accusations

Florida Criminal Hazing Accusations Hazing under Fla. Stat. § 1006.63 At many colleges, universities, and post-secondary institutions, hazing is a rite of passage that allows one to cross over into membership in the "Greek" community.  "Greek" refers to the various fraternities and sororities designated by Greek letters that promote camaraderie and philanthropic activity among students and alumni.  Although hazing may be a tradition… Read more
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Don Pumphrey Jr.
Donald Pumphrey Jr.

Attorney Don Pumphrey Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney.

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