Pumphrey Law Blog

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A major Florida court ruled that a defendant telling a minor he “wanted to” commit an illegal sex act upon her did not constitute criminal solicitation as a matter of law.  In Florida, sexual solicitation of a minor is a very serious offense. There are two types of unlawful sexual solicitations of minors under Florida law – online solicitation of …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A top Florida court recently ruled that law enforcement unlawfully searched a handcuffed defendant’s fanny pack after it had been taken off of him at the time of his arrest.  In Florida and throughout the U.S., the U.S. Constitution’s Fourth Amendment protects someone against “unreasonable searches and seizures.” In essence, this means that law enforcement must have a legally valid …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, one of the most serious sentencing enhancements for sex offenses is the finding that the defendant was in a position of “familial or custodial authority” to the victim. This is quite common when the accused adult lives with the alleged victim, is blood related to the alleged victim, or were acting in a supervisory role at the time …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A top Florida court recently upheld a murder conviction – ruling that the defendant’s Miranda rights were not violated because even though she was not read them before she confessed, she was not in police custody at the time. In Florida and throughout the U.S., someone must be advised of their Miranda rights before they are subject to custodial interrogation …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, jury selection is a crucial part of criminal trials. This process, known as voir dire, can have a significant influence on the outcome of a case. That’s because during voir dire, attorneys can draw out answers from potential jurors identifying the biases they hold – which may impact their ability to render a fair (impartial) verdict based on …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In a recent concurring opinion, Judge Bradford Thomas of Florida’s 1st District Court of Appeal argues that Lee v. State was wrongly decided by the Florida Supreme Court. In Florida, someone may be arrested and charged with both solicitation of a minor (Fla. Stat. 847.0135(3)) and traveling to meet a minor (Fla. Stat. 847.0135(4)). The former offense is a third-degree …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Tallahassee and North Florida’s top court ruled that a lack of drug residue on an item can defeat charges of drug paraphernalia possession under certain circumstances. In Florida, possession of drug paraphernalia is a very serious offense. Per Fla. Stat. 893.147, possession of paraphernalia is typically considered a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine). …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Tallahassee and North Florida’s highest court defines ‘custodial interrogation’ to clarify when law enforcement officers are required to read someone their Miranda rights. In Florida and throughout the United States, someone must be read their Miranda rights before they are subject to custodial interrogation. Pursuant to the Supreme Court’s landmark decision, Miranda v. Arizona, 384 U.S. 436 (1966), law enforcement …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A major Florida court decision reveals a potential inconsistency regarding what the content of a Miranda warning must be – depending on the language a suspect speaks. In Florida and throughout the U.S., someone must be notified of their Miranda rights before they are subject to custodial interrogation. Per the U.S. Supreme Court’s landmark decision, Miranda v. Arizona, 384 U.S. …