Pumphrey Law Blog

How to Treat a Florida Sex Offender Designation

October 12, 2017 Criminal Defense, Probation Violation, Sex Crimes Sex Crime, Sex Offender

Sex Offender Guidelines

What is the Florida Sex Offender Registry? The Florida Sex Offender Registry is compiled and managed by the Florida Department of Law Enforcement.[1] Individuals who have been convicted of certain crimes in Florida may be labeled a Sexual Offender,[2] or a Sexual Predator.[3] What is the difference between the designations? These two distinctions are very different, designation as a Sexual …

Read More

Consequences of Using or Possessing a “Fake ID”

October 10, 2017 College Student Disciplinary Hearing, Criminal Defense Fake ID

Fake ID

You may think being under 21 and having a fake ID is just a rite of passage; we all did it, right?  Wrong, in the State of Florida unauthorized possession of and other unlawful acts in relation to driver license or identification cards can be punishable under Sections 322.212 and 322.32, Florida Statutes. Fake IDs include any identification that has …

Read More

Diversion/Community Service/County Work Program

October 9, 2017 Bench Warrants/Warrants, Criminal Defense, Probation Violation County Work Program, Diversion Program, Probation Community Service

Leon County Jail

A Guide to Diversion through Community Service/County Work Program So, you’ve been arrested for a charge that will qualify you for state attorney diversion work program/community service, and you’re wondering what happens next. Well, fortunately for you, Pumphrey Law is here to assist and hopefully the process outlined below will help you navigate the process for diversion in Leon County. …

Read More

Could the iPhone X Erode the 4th Amendment?

September 15, 2017 Criminal Defense 4th Amendment, iPhone Law, iPhone X

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 …

Read More

The Myth of Expungement

September 5, 2017 Seal or Expunge Criminal Record

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

August 1, 2017 Criminal Defense Bench Warrants, Capias, Warrants

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 …

Read More

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

July 20, 2017 Criminal Defense Drones

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 …

Read More

Intoxilyzer in Florida: What Do I Need To Know?

July 17, 2017 Drunk Driving/DUI DUI, Intoxilyzer

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 …

Read More

Understand a Capias in Florida

July 11, 2017 Criminal Defense Capias

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 …

Read More

Probation Violation(s) Must Be Willful and Substantial!

July 6, 2017 Probation Violation

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 …

Read More
12345