Pumphrey Law Blog

June 6, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A popular legal question in Florida is whether the scent of marijuana alone can serve as probable cause for a police officer to search a vehicle. As Florida has already legalized hemp, the scent of which is indistinguishable from fresh marijuana, some courts have ruled the scent of marijuana alone cannot serve as probable cause for a vehicle search. Baxter …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery is a very serious felony. Depending on the offense, sexual battery is punishable by the death penalty (under Florida law). An adult who commits a sexual battery upon a child under the age of 12 is eligible for the death penalty if: Within 45 days of a defendant’s arraignment, the State announces intent to seek the …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

During the course of a criminal investigation, law enforcement will sometimes allege that an individual accused of a crime confessed to it. But what if no evidence of a written or spoken confession is provided – aside from the claim from a police officer that a confession occurred? This article will explain whether an unrecorded confession with no corroborating evidence …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A major Florida court has ruled that a drug not recognized by name in Florida’s law prohibiting possession of substitute cathinones (bath salts) is still illegal and subject to the same criminal penalties as other controlled substances recognized by name under the statute. This article will discuss the Fourth District Court of Appeal’s Jackson v. State ruling, and what it …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, being arrested and formally charged for a criminal offense is very serious. But a not-too-often discussed aspect of criminal charges is civil asset forfeiture, which may occur based on the development of probable cause that the assets in question were used during the commission of a crime. This article will define civil asset forfeiture in Florida, discuss Florida’s …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Does Florida’s statute allowing the death penalty for sexual battery on a minor stand up to constitutional scrutiny? This article will explore the content of Florida’s capital sexual battery statute, discuss the Florida and U.S. Supreme Court’s ruling on the constitutionality of the death penalty for sexual battery, and likely reasons for the statute’s passage. In 2023, Florida’s legislature passed …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

When someone is taken into custody by law enforcement, they must be notified of their Miranda rights before officers can interrogate them. Any waiver of someone’s rights to remain silent and their right to have an attorney present during questioning must be made knowingly, intelligently, and voluntarily. If someone agrees to speak with law enforcement and validly waives their rights …

June 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

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. Typically, hearsay is excluded from mention in criminal proceedings against a defendant. But under certain circumstances, hearsay is admissible in a court of law. Hearsay may be offered in court when the hearsay statement falls …

May 31, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

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. Though hearsay is generally inadmissible in court, hearsay “exceptions” exist under Florida law allowing for the use of nontestimonial hearsay statements at trial under certain circumstances – even if a declarant (speaker) is never cross-examined …