Pumphrey Law Blog

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 …

August 7, 2018 Don Pumphrey, Jr. Criminal Defense, Sex Crimes false allegations, Sex Crime Social Share

False Allegations of Sex Crimes    There is a clear, conceivable and pervasive stigma against the perpetrators of sexual assault and other related crimes. Given the abject depravity of these crimes, this is understandable and expected. Rape is in its own category, “[n]o other crime is so fraught with controversy, so enmeshed in dispute and in the politics of gender …

May 30, 2018 Don Pumphrey, Jr. Criminal Defense Diversion, Pretrial Social Share

What is Pretrial Intervention? We often get questions regarding the Pretrial Intervention program here in Florida. It is also commonly referred to as Pretrial Diversion Program in Florida. People are curious as to how it works, who is eligible, and whether it is a good idea to pursue. The first step if you have any specific questions about your own …

May 30, 2018 Don Pumphrey, Jr. Criminal Defense Notice to Appear Social Share

What is a Notice to Appear in Florida? First and foremost, if you receive a notice to appear, commonly referred to as a “written arrest” you should contact an attorney immediately. This is a serious accusation, and should be treated as an arrest (technically speaking it is an arrest). The criminal defense attorneys her at Pumphrey Law handle these cases …

January 22, 2018 Don Pumphrey, Jr. Criminal Defense, Drug Charges Florida Medical Marijuana Gun Rights, Guns, Medical Marijuana Social Share

In the state of Florida, you can legally own a gun, or semi-legally treat an illness using marijuana, but the harsh reality is that you can’t do both. As of the writing of this article there are already 21 dispensaries in the state of Florida, ready to fulfill medical marijuana orders.[1] Approximately 50,000 Floridians have signed up to take advantage …

November 16, 2017 Don Pumphrey, Jr. Criminal Defense Injunction Violation, Temporary Injuction, Trespass Warrant Social Share

An injunction (also known as a “restraining order”) for victims of dating, domestic, repeat and sexual violence is a court order that prevents the respondent from having any direct contact with the petitioner, and potentially their children under Florida law.    Injunctions whether they stem from a petition for injunction against domestic violence, petition for injunction against dating violence, or …

October 19, 2017 Don Pumphrey, Jr. Criminal Defense, Drone Law Drone law Social Share

Congratulations! The world of drones is exciting, but the legal requirements to use them can be rough to navigate. First, you want to get that thing off the ground! Depending on the model there may be different safety requirements, make sure you read the owner’s manual and understand how to avoid any safety issues. One optional precaution is to purchase …

October 12, 2017 Don Pumphrey, Jr. Criminal Defense, Probation Violation, Sex Crimes Sex Crime, Sex Offender Social Share

What is the Florida Sex Offender Registry? The Florida Sex Offender Registry is compiled and managed by the Florida Department of Law Enforcement.[1] Individuals who have been convicted of certain crimes in Florida may be labeled a Sexual Offender,[2] or a Sexual Predator.[3] What is the difference between the designations? These two distinctions are very different, designation as a Sexual …

October 10, 2017 Don Pumphrey, Jr. College Student Disciplinary Hearing, Criminal Defense Fake ID Social Share

You may think being under 21 and having a fake ID is just a rite of passage; we all did it, right?  Wrong, in the State of Florida unauthorized possession of and other unlawful acts in relation to driver license or identification cards can be punishable under Sections 322.212 and 322.32, Florida Statutes. Fake IDs include any identification that has …