Pumphrey Law Blog

April 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI is a very serious offense. Depending on the facts of a case, DUI can be charged as either a misdemeanor or a felony. Often, someone charged with DUI can face years of prison time under Florida Statutes Section 316.093 if found guilty at trial.  For someone to be arrested for DUI, it must typically be established that …

April 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Under Florida Statutes Section 316.1935(1), fleeing to elude a law enforcement officer occurs when someone in a vehicle attempts to avoid being stopped or arrested by police, even when they have been ordered to do so by a duly authorized officer. Fleeing to elude a law enforcement officer is a very serious felony in Florida. This article will discuss fleeing …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, a confidential informant may cooperate with law enforcement to avoid arrest or prosecution for a crime, or mitigate punishment for a crime. Confidential informants sometimes complete “controlled buys” from drug suspects. These involve police sending an informant in to purchase drugs from a suspected dealer, and recording this interaction to use as evidence against the target suspect. Under …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, an injunction is defined as a court order that tells one person to stay away from and not contact another person (the petitioner). A person may be subject to an injunction for various reasons. These include: Domestic violence Stalking  Cyberstalking Someone subject to a final injunction is prohibited from possessing a firearm or ammunition. This is not just …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense, Domestic Violence Social Share

If someone intentionally violates a valid injunction for domestic violence or stalking in Florida, this can be a very serious offense. An injunction is defined in Florida law as a court order that tells one person to stay away from and not contact another person (the petitioner). This blog will explain the law surrounding injunction violations, and potential defenses if …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, a judge will sometimes grant an injunction even when the respondent is not physically present. An injunction is defined as a court order that tells one person (respondent) to stay away from and not contact another person (petitioner).  But judges are limited by law as to when they can grant an “ex parte injunction.” This blog will discuss …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, laws exist surrounding the disclosure of a confidential informant’s identity by prosecutors to the defense before a trial. While the State has the right to withhold the identifying information of informants for their safety in certain situations, this is subject to constitutional restrictions. This article will explain what the Florida legislature and courts have said about when prosecutors …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In both civil and criminal law, the concept of “proximate cause” is an important one. Proximate cause is typically defined as the underlying – or but-for – cause of a particular negative outcome. In other words, it is the act that is mostly or entirely responsible for what occurred.  Florida criminal law uses two “proximate cause” tests, depending on the …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

The crime of sexual battery by someone in familial or custodial authority is regulated under Florida Statutes Section 794.011(8)(b). If a family member or someone in custodial authority sexually batters a minor under the age of 12, this is a capital felony in Florida – punishable by the death penalty. If the minor is over the age of twelve, this …