Pumphrey Law Blog

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s Supreme Court discussed when severance of charges and co-defendants is necessary to avoid unnecessary prejudice against a defendant that violates their due process rights. In Florida and throughout the U.S., defendants at criminal trials are guaranteed the rights to due process and a fair trial. These liberties are guaranteed by both the Florida and U.S. Constitutions. U.S. Const. amend. …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that an officer telling a defendant that it “couldn’t hurt him” to waive his right to remain silent and speak with police made the defendant’s waiver of his rights involuntary – requiring reversal of the defendant’s conviction. In Florida and throughout the U.S., Miranda rights are a key constitutional protection designed to prevent …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 3rd District Court of Appeal ruled that a potential juror, who once hosted the victim of the murder the defendant was charged with committing at her home, should have been excused for cause. Failure of the judge to excuse the juror required reversal of the defendant’s conviction. In Florida, jury selection (also referred to as voir dire) is a …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal ruled that a defendant was not guilty of aggravated assault as a matter of law on a victim who rolled under a truck to remain invisible to the defendant while the defendant was robbing the victim’s friends. In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious felony offense. Though it is typically …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal affirmed a defendant’s conviction for second-degree murder – finding he acted with a “depraved mind” – before elaborating upon what this term actually means. In Florida, second-degree murder and attempted second-degree murder are very serious felonies. For someone to be guilty of second-degree murder, the State must establish all of the following beyond a …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 3rd District Court of Appeal dismissed the charges against a defendant accused of drug trafficking on the grounds that law enforcement induced him to engage in drug activity, and there was no evidence he was predisposed to do so. In Florida, entrapment is a well-known but often misunderstood defense to criminal charges. Entrapment functions as a “total defense,” so …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

Florida’s 5th District Court of Appeal reversed a defendant’s DUI conviction due to the judge’s failure to excuse a potential juror, who said he would give more credibility to a testifying police officer than any other witness. In Florida, jury selection (also known as voir dire) is a critical part of any criminal trial. Picking jurors that are impartial (e.g. …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal held that a soccer coach accused of sexual battery and lewd or lascivious molestation on a child was in a ‘position of familial or custodial authority’ for purposes of enhancing his prison sentence. In Florida, someone being in a position of familial or custodial authority to a victim can lead to a significantly lengthier …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal held that a juvenile raising a chair above her head as if to hit a “laughing” victim with it, before she was restrained, was aggravated assault with a deadly weapon. In Florida, aggravated assault is a very serious felony offense. Though it is usually a third-degree felony (up to 5 years in prison and …