Pumphrey Law Blog

July 8, 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. Among the most important out of court statements at a criminal trial are prior inconsistent statements – prior statements from a witness that contradict or do not align with the content of their current testimony. …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Perjury is a well-known criminal offense. It typically involves lying or making contradictory statements in a judicial proceeding while under oath. However, there are also many other forms of perjury under Florida Statutes Chapter 837 (Florida’s perjury law). This article will discuss Florida’s laws against perjury and the potential criminal and financial penalties someone may face if found guilty of …

July 8, 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 within the statement. Hearsay is generally considered inadmissible in court unless it qualifies under one (or more) hearsay exceptions in the Florida Rules of Evidence (Fla. Stat. Sections 90.803 and 90.804). As hearsay only refers to out of …

July 7, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida and all 50 U.S. states, officers are required to read suspects their Miranda rights before subjecting them to custodial interrogation. According to the U.S. Supreme Court’s Miranda v. Arizona decision, this includes formally notifying a suspect of all of the following: Their right to remain silent The fact that anything they say can and will be used against …

July 7, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida defines hearsay as an out of court statement offered in court to prove the truth of the matter asserted in the statement. It is generally inadmissible in court unless it falls under a designated exception outlined in Fla. Stat. Section 90.803 (hearsay exceptions for witnesses regardless of availability) or 90.804 (hearsay exceptions for unavailable witnesses). But with the rise …

July 7, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

When someone is taken into custody in Florida by law enforcement, they must be notified of their Miranda rights before they are subject to interrogation. These include: The right to remain silent  The right to an attorney, including having an attorney present during police questioning The fact that anything they say can and will be used against them in a …

July 7, 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. Hearsay is generally inadmissible in court, unless it satisfies particular conditions required by Florida’s Rules of Evidence. But sometimes, a hearsay statement will be layered within another hearsay statement. This is called “hearsay-within-hearsay” (or double …

July 7, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, someone must be notified of their Miranda rights if they are taken into custody by police and officers intend to interrogate that suspect. These include all of the following: The right to remain silent  The right to an attorney, including having an attorney present during police questioning The fact that anything they say can and will be used …

June 30, 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. It is generally inadmissible, unless it falls under one of Florida law’s designated hearsay exceptions under Fla. Stat. Section 90.803 or 90.804. However, not every out of court statement will necessarily be considered inadmissible hearsay …