Pumphrey Law Blog

June 25, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 10-20-Life law is one of the most significant pieces of legislation in the state relating to the use of firearms. It is also one of the most frequently understood. For many felonies involving the use of a firearm, the 10-20-Life law (Fla. Stat. 775.087) provides: If a firearm is displayed but not discharged, the defendant faces a mandatory minimum …

June 25, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s “10-20-Life” law is one of the state’s most significant laws in terms of punishing crime involving firearms. If someone commits a felony while using a firearm, and the use of a firearm is not an element of that underlying felony, Florida’s 10-20-Life law creates a system of mandatory minimum sentences based on how the firearm was used.  This article …

June 25, 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. Although hearsay is generally inadmissible in court, various “exceptions” to this rule exist. One of these is the business records exception. But what is the business records exception? This blog will provide an overview of …

June 25, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, possession of child pornography is a very serious felony offense. It is generally considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine per image or exhibit. However, some cases may involve charges of aggravated possession – a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. …

June 20, 2025 Don Pumphrey, Jr. Civil Asset Forfeiture, Criminal Defense Social Share

In Florida, civil asset forfeiture may occur if law enforcement develops probable cause that someone’s property was an “instrumentality” of or otherwise used in criminal activity. The Florida Contraband Forfeiture Act (FCFA) is a major law that outlines the procedures police and courts must follow when someone’s property is seized as part of a civil forfeiture proceeding. This article will …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida and all 50 U.S. states, a defendant has a right to confront witnesses against them at trial. Under the U.S. Constitution’s Confrontation Clause found in the Sixth Amendment, anyone accused of a criminal offense has the right to cross-examine witnesses offering testimony against them. However, hearsay is sometimes admissible in court, adding a significant wrinkle to this otherwise …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida criminal trials, cross-examination (confrontation) of a witness against a defendant is a critical part of ensuring someone receives due process. While confrontation typically occurs in person, however, this is not an absolute requirement. This article will discuss the Sixth Amendment’s Confrontation Clause, how it applies in Florida, and the circumstances under which face-to-face cross-examination is not required. Under …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, lab reports and other forensic evidence are often admitted by the State at trial against a defendant. These documents may serve various functions, such as: Matching DNA of someone alleged to be at a crime scene to a particular individual Testing drugs allegedly seized by police to ensure these are controlled substances Providing details regarding blood, semen, or …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida criminal trials, a defendant has the right to cross-examine any witness called against them in accordance with the Sixth Amendment’s Confrontation Clause. However, a witness may sometimes be unavailable to testify at trial.  Two common questions are often raised in the context witness unavailability, both of which this article will address: When is a witness considered unavailable under …