Pumphrey Law Blog

February 12, 2019 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI, News & Announcements DUI, dui checkpoint, google Social Share

CBS New York reported last week that the New York City Police Department sent a letter to Google to cease disclosing the location of police through alerts on the Google acquired application “Waze.” Waze is a directions-based application for motorists. Google purchased Waze back in 2013 as a crowd-sourced application for motorists. CBS New York quotes the letter, “This letter serves …

February 12, 2019 Don Pumphrey, Jr. Criminal Defense, News & Announcements felon rights, gun rights Social Share

Restoration of Felon Gun Rights in Florida The Second Amendment to the U.S. Constitution guarantees each American the right to keep and bear arms.  In a perfect world, as both U.S. and Florida citizens, we are afforded certain other rights as well– the right to vote, to serve on a jury, and to hold public office.  However, a Florida resident …

January 24, 2019 Don Pumphrey, Jr. Criminal Defense, Pretrial Diversoin, Seal or Expunge Criminal Record expunge, pretrial diversion, seal Social Share

Pretrial Diversion in Florida Receiving a “written arrest” in Florida creates a criminal record. If an officer gets your information and leaves you with paperwork, YOU HAVE A CRIMINAL RECORD. I receive weekly calls from Tallahassee college students. The same students who are now being denied jobs because of a simple “minor in possession charge” here in Tallahassee, Florida. Persons …

January 7, 2019 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, social media criminal defense, Sexting, social media Social Share

Technology breeds more and more statutes that make the sending of certain information illegal.  For example, an adult sends a sexually explicit image, with identifying information with the purpose of causing emotional distress to another person.  The mere depiction of a person engaging in sexual conduct involving the above could get a person arrested by the police. Florida Statutes 784.049(3) …

December 15, 2018 Don Pumphrey, Jr. Criminal Defense, News & Announcements criminal defense, how to answer criminal question on job application, job application questions Social Share

A 2017 survey commissioned by the National Association of Professional Background Screeners (NAPBS) reported that nearly all employers (96%) conduct a background check during the hiring process. For those with a criminal record, this is an intimidating statistic. It can also raise questions about how to accurately report your criminal history on a job application, and what employers are allowed …

December 5, 2018 Don Pumphrey, Jr. Criminal Defense, social media internet crime, kodak black, social media, tekashi 69 Social Share

The Negative Impact of Social Media In a survey conducted by CareerBuilder, it was reported that 70% of employers will review a candidate’s social media presence before hiring. This number is exponentially rising with the adoption of social media as a standard, everyday practice in modern life. As a result, it has become habitual for applicants to “clean up” their …

November 5, 2018 Don Pumphrey, Jr. Criminal Defense legal advice, right to remain silent Social Share

Remain silent, get the best attorney and no matter what . . . don’t lie! You have the right to remain silent, why would you lie?  Are you smarter than everyone and convinced you can talk your way out of a situation?  Does someone have a gun pointed to your head threatening to pull the trigger if you don’t lie?  …

November 5, 2018 Don Pumphrey, Jr. Criminal Defense criminal defense, police, rights Social Share

The 3 types of Police-Citizen Encounters in Florida In Florida we have compartmentalized three types of encounters citizens have with police. The three types of encounters are Consensual – Consensual encounters of law enforcement officers and citizens involves consent. In other words, the officer “asks” if the citizen will stop and talk or the officer “asks” if they can see your drivers …

September 13, 2018 Don Pumphrey, Jr. Criminal Defense detained vs arrested Social Share

Detained vs. Arrested If I am detained does that mean I am arrested? It depends. Detained does not mean arrested.  In Florida, knowing whether you are arrested or just being detained is a question that has significant implications. Among other consequences, implications can impact speedy trial rights and Miranda rights.  The right in Florida to a speedy trial is triggered …

September 12, 2018 Don Pumphrey, Jr. Criminal Defense, Seal or Expunge Criminal Record background check, criminal defense, criminal record Social Share

“How do I know if I have a record?  I got arrested once and they dropped the case so I don’t have a record . . . right?”   Answer: WRONG.  The only way to truly know whether YOU have a record is to contact the Florida Department of Law Enforcement through the Federal Crime Information Center (run by the FBI …