Pumphrey Law Blog

June 10, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

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 …

June 9, 2021 Don Pumphrey, Jr. Criminal Defense, Florida Panhandle Arrests Social Share

 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 …

June 8, 2021 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

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 …

June 8, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

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. …

June 8, 2021 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

            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 …

June 3, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

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 …

May 24, 2021 Don Pumphrey, Jr. Sex Crimes Social Share

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. …

February 1, 2021 Don Pumphrey, Jr. Drug Charges Social Share

In 1973, the Florida Legislature passed the “Florida Comprehensive Drug Abuse Prevention and Control Act” in order to “comprehensively address drug abuse prevention and control in this state.” This was codified as Florida Statutes § 893, and now serves as the controlling drug law in the state. Regardless of what the goal cited, this act has served to create criminal …

December 21, 2020 Don Pumphrey, Jr. Criminal Defense Social Share

One of the most common questions asked of defense attorneys in hypothetical situations is “when I can defend myself?” The question and the potential answers reflect the politically charged atmosphere surround self-defense laws. In Florida and at least twenty-five other states, the answer is defined by a law called “stand your ground.” Stand your ground laws refer to when and …