Pumphrey Law Blog

October 10, 2017 Don Pumphrey, Jr. College Student Disciplinary Hearing, Criminal Defense Fake ID Social Share

You may think being under 21 and having a fake ID is just a rite of passage; we all did it, right?  Wrong, in the State of Florida unauthorized possession of and other unlawful acts in relation to driver license or identification cards can be punishable under Sections 322.212 and 322.32, Florida Statutes. Fake IDs include any identification that has …

October 9, 2017 Don Pumphrey, Jr. Bench Warrants/Warrants, Criminal Defense, Probation Violation County Work Program, Diversion Program, Probation Community Service Social Share

A Guide to Diversion through Community Service/County Work Program So, you’ve been arrested for a charge that will qualify you for state attorney diversion work program/community service, and you’re wondering what happens next. Well, fortunately for you, Pumphrey Law is here to assist and hopefully the process outlined below will help you navigate the process for diversion in Leon County. …

September 5, 2017 Don Pumphrey, Jr. Seal or Expunge Criminal Record Social Share

Expungement, or Sealing of a record, is commonly musunderstood by unknowing students and parents, “the case was dropped, it’s off my/your/his/her record” The Myth of expungement in Florida revolves, in part, around programs like “diversion”, “Pre-Trial Intervention”, “my case was dropped” or “No Information” and any other term or coined phrase that indicates a favorable disposition of an arrest (including …

August 1, 2017 Don Pumphrey, Jr. Criminal Defense Bench Warrants, Capias, Warrants Social Share

How to withdraw a capias in Florida? This is not a question many people have to deal with on a daily basis unless you are a criminal defense attorney or someone in the criminal justice system.  In previous blog posts I have defined what a Capias actually is and what it is used for by the prosecutor and/or the judge here …

July 17, 2017 Don Pumphrey, Jr. Drunk Driving/DUI DUI, Intoxilyzer Social Share

What is an Intoxilyzer? The Intoxilyzer is a brand of evidential and preliminary breath alcohol measuring machines.  Currently, Florida uses the Intoxilyzer 8000 which is the replacement breath testing machine in Florida replacing the Intoxilyzer 5000.  The attorneys in our firm are put through rigorous training on the intoxilyzer (both the Intoxilyzer 5000 and the Intoxilyzer 8000) so we can …

July 11, 2017 Don Pumphrey, Jr. Criminal Defense Capias Social Share

What is a capias in Florida? A capias is a court order directing the arrest of a person/defendant.  In layman terms, a capias is a tool utilized by the court to have a person physically arrested, detained, and brought before the court.  If a court deems the issuance of a capias is needed, the court will direct the Clerk of …

July 6, 2017 Don Pumphrey, Jr. Probation Violation Social Share

A VOP (Violation of Probation) MUST be Willful Almost daily at the Pumphrey Law Firm, we receive inquiries about probation violations for both County Probation and for State Probation (State Probation is run by the Florida Department of Corrections).  Although the probation officer whether, State or County, alleges a violation of probation that does not mean that an actual violation occurs.  Many …

May 11, 2017 Don Pumphrey, Jr. Criminal Defense Clean Hands Provision Social Share

Finally Getting Rid of Clean Hands? What happens when a prisoner is wrongfully accused of a crime? We can hardly deny that prison, for any length of time, can be a completely life changing experience. Especially if the wrongfully accused crime was something heinous such as sexual assault, homicide, or serious drug offenses. So what has the Florida government done to …

April 25, 2017 Don Pumphrey, Jr. College Student Disciplinary Hearing College Hazing Social Share

Hazing under Fla. Stat. § 1006.63 At many colleges, universities, and post-secondary institutions, hazing is a rite of passage that allows one to cross over into membership in the “Greek” community.  “Greek” refers to the various fraternities and sororities designated by Greek letters that promote camaraderie and philanthropic activity among students and alumni.  Although hazing may be a tradition for …