Pumphrey Law Blog

The Labor Trafficking of Children Through America’s Agricultural Sector

June 14, 2021 Criminal Defense

A Brief Background on Forced Labor Forced labor fueled by labor trafficking affects millions of men, women and children globally, and such work is present in the agricultural, manufacturing, and mining/quarrying sectors of the United States, as well the sex industry. However, America’s highly underregulated agricultural industry differs because unlike other industries that center around goods produced by labor abuse …

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The Dangers of Eyewitness Identification

June 14, 2021 Criminal Defense

Wrongful Convictions Resulting from Eyewitness Identification Eyewitness identification occurs in a case in which an eyewitness identifies the suspect to the police. Though eyewitnesses can be crucial in solving a case, the dangers of misidentification are all to present. In fact, eyewitness misidentification is the single greatest factor contributing to wrongful convictions in the United States.[1] According to recent data, …

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Are You the Victim of Vindictive Prosecution?

June 10, 2021 Criminal Defense

What is Vindictive Prosecution? The Supreme Court established that vindictive prosecution is impermissible and occurs when the prosecutor retaliates against the defendant because the defendant has chosen to exercise a legal right.[1] This results in a denial of due process, a defendant’s constitutional right to fair proceedings in a court of law. It is difficult to draw a hard and …

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Collateral Consequences of Criminal Convictions

June 9, 2021 Criminal Defense, Florida Panhandle Arrests

 Collateral Consequences Generally Collateral consequences are the roadblocks that those with prior criminal convictions and their loved ones face upon the returning citizen’s release. These range from emotional consequences, like a sense of helplessness when returning to the outside world, all the way to government-imposed burdens, like restricted access to public benefits.[1] These all culminate into one result: recidivism. Recidivism …

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The Dangerous Intersection Between Disability and Human Trafficking

June 8, 2021 Criminal Defense, Sex Crimes

What is Human Trafficking? The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, also known as the Trafficking Protocol, defines human trafficking as a crime that involves an act, a means, and an intended purpose.[1] The act involves “the recruitment, transportation or transfer, harboring, or receipt of persons”, while the means can include threats, use …

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How COVID-19 Affects Florida’s Speedy Trial Rules

June 8, 2021 Criminal Defense

The COVID-19 pandemic has impacted the lives of many, including how criminal trials are conducted. If you are charged with a crime, contact a criminal defense lawyer to understand your rights and what to expect from the court process during the pandemic. Don Pumphrey is a trusted criminal defense attorney in Tallahassee that can help you navigate this everchanging process. …

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A History of the Death Penalty in Florida and What it Means for Capital Defendants

June 8, 2021 Criminal Defense, Violent Crimes

            Florida is an outlier when comes to decisions regarding the death penalty. Recent Florida Supreme Court decisions have left this state in the company of only a few others in terms of the procedural safeguards afforded to capital defendants. These decisions affect the sentencing process and review process, two incredibly important steps in the treatment of capital defendants. If …

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Florida Sentencing Guidelines

June 3, 2021 Criminal Defense

Florida criminal offenses are split into two categories: misdemeanors and felonies. Misdemeanor convictions are pretty straightforward. First degree misdemeanors are punished with up to a year in jail and a $1,000 fine. Second degree misdemeanors carry up to 60 days in jail and a $500 fine. Sentencing in misdemeanor cases is largely up to the judge, with information provided by …

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Florida Statutory Rape Laws

May 24, 2021 Sex Crimes

statutory rape in florida

What is Statutory Rape? There are many sex crimes which can be charged under Florida Law. Rape (officially referred to as Sexual Battery) is outlined in Florida Statutes § 794.011. Most people don’t need to click any of those links to have a pretty accurate understanding of what rape is, whether forceful, through the use of drugs, or through coercion. …

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