Pumphrey Law Blog

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal affirmed a guilty verdict returned against a defendant for attempted second-degree murder – but the court acknowledged it was a ‘close case.’ In Florida, attempted second-degree murder is a very serious offense. It is typically charged as a second-degree felony, but it carries even more serious potential penalties if a firearm is involved. For …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal ruled that a defendant’s convictions required reversal because law enforcement pressured him to waive his Miranda rights after he clearly asked for an attorney. In Florida and throughout the U.S., Miranda warnings are a critical procedural protection for suspects in criminal investigations. Per the U.S. Supreme Court’s landmark Miranda v. Arizona, 384 U.S. 436 …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal found a trial judge erroneously admitted a child’s hearsay disclosure of sexual abuse into evidence without making necessary reliability findings – and that as a result, the defendant’s confession should not have been admitted either. In Florida, hearsay is defined as an out of court statement offered in court (into evidence) for the purpose …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal reversed a trial judge’s withhold of adjudication for a defendant who entered an open plea to traveling to meet a minor, among other charges. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) is a very serious second-degree felony. For someone to be proven guilty, the State must establish all of the following …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 6th District Court of Appeal ruled that a detective improperly bolstered the testimony of a major State witness in a manslaughter case by calling him credible, requiring the defendant to receive a new trial. In Florida, objections are a key part of a criminal trial. As many of these are waived on appeal if not made during trial, it …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 3rd District Court of Appeal ruled that the passenger grabbing the wheel of a vehicle he was in was the cause of the fatal crash that killed him, so the driver could not be convicted of vehicular homicide. In Florida, vehicular homicide (Fla. Stat. 782.071) is an extremely serious second-degree felony. If someone is found guilty, this is typically …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal reversed a guilty verdict and created a four-factor test to determine if child hearsay is testimonial or nontestimonial for purposes of confrontation. In Florida, hearsay is a statement (or document/record) made outside of court that is offered into evidence (e.g. at trial for the jury) to prove the statement is true. Although hearsay is …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal outlined various factors courts should consider when evaluating whether a defendant is guilty of vehicular homicide as a matter of law.  In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious felony offense. It is typically considered a second-degree felony (up to 15 years in prison and a $10,000 fine). However, it can …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 2nd District Court of Appeal reversed the conviction of a driver accused of possessing drugs found in a caddy by his feet while driving in a jointly occupied vehicle. In Florida, there are two ways to prove that someone unlawfully possessed a particular item or set of items (e.g. illegal drugs, guns). The first of these is actual possession, …