Blog Index

The Gang Members Protection Act?

"Gang Members Protection Act," as dubbed by State Attorney Aronberg of West Palm Beach, is just another term used for something that places the burden of proof in stand your ground cases squarely on the shoulder of the prosecutors. "Prosecutors never like having the burden shifted to them--it creates more work," stated Tallahassee Criminal Defense Attorney Don Pumphrey, Jr."It creates less funding,… Read more

2017 CS/HB 949 Driving Under the Influence

The 2017 House Bill 949 entitled Driving Under the Influence was introduced by State Representative Cord Byrd (R- Neptune Beach) in the Transportation and Infrastructure Subcommittee on March 7, 2017. On March 21, 2017, the bill passed the House and is currently pending review of CS under Rule 7.18(c). The 2017 CS/HB 949 amends Fla. Stat. § 316.193(2) to provide that, in addition to other the other… Read more

Dismissal, No Information, Nolle Prosequi, What Does it all Mean in Florida

In Florida, dismissal cases, no information separated from the almighty nolle prosequi.  The majority of the defendants in any given Florida courtroom could not tell you the meaning of the term nolle prosequi. Nolle Prosequi, in legal terms, means"[a]t common law the State has the discretion to announce a nolle prosequi any time prior to the swearing of the jury to try the cause. Wilson v. Renfroe,… Read more

DUI Ignition Interlock in Florida, All about DUI's?

"Make no mistake there is always money attached to legislation that moves toward expanding or developing or implementing any device", says Don Pumphrey, Jr., Owner and Founder of Pumphrey Law located in Florida's Capital City, Tallahassee. This is a campaign that's being pushed for mere safety?  One random company touts preventing over 4 million "illegal" starts since 1992 yet in the same paragraph… Read more

Respondents Beware When Dealing with Injunctions for Stalking

I am a criminal defense attorney in Tallahassee, Florida, and I primarily focus on criminal allegations. However, I also handle collateral matters and allegations, the increasing number of which, involve ex-girlfriends, friends with benefits, friends, strangers found on social media and on and on  . . . .  It's seemingly never-ending. Here is how it goes, someone gets their feelings hurt because breakups… Read more

Vaping and Hash Oil

Although marijuana legislation in Florida is a controversial issue, recreational use is becoming more acceptable across the country. The health benefits of marijuana are becoming more acknowledged and more states are getting on board with legalization. Currently, twenty-eight (28) states, including the District of Columbia, have legalized medical marijuana. Seventeen (17) states have decriminalized… Read more

Stand Your Ground under Senate Bill 128

Stand Your Ground (SYG) has been a widely debated topic across the United States, especially with the numerous high-profile cases involving self-defense. Approximately twenty-two (22) states have some version of a stand your ground law. As of today, the states that have SYG laws include Alabama, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada,… Read more

Pensacola Group Suggests Major Change to Florida's Sex Offender Registry Program

A Florida advocacy group has proposed that Florida legislators make a major change to their sex offender registry program. With over 65,000 sex offenders currently registered on Florida’s state registry, this list includes offenders charged with minor offenses such as indecent exposure and those charged with more serious crimes such as sexual assault. The Florida Action Committee suggests that a lack… Read more

Florida Lawmakers Seek to reduce Penalties for Juvenile Offenders through Citations

As of February 2, 2017, Senate Bill 196 is circulating Florida's Senate. Senate Bill 196 aims to provide a less stringent alternative for juvenile offenders charged with minor or first-time offenses. Under Senate Bill 196's proposed penalties for eligible misdemeanors, juvenile offenders found committing any of the offenses provided under this Bill will be provided with a citation in lieu of an arrest… Read more

Florida Passes New Laws to Combat a Growing Drug Abuse Problem

Following the 2016 election, Florida has passed several laws aimed at reducing Florida’s growing prescription drug and over-the-counter drug abuse problem. Some these laws are aimed at healthcare policies and their respective benefits. With the rising number of opioid addiction cases in the state of Florida, Florida legislators have taken steps to limit this growth, and reduce the number of drug abuse… 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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