Pumphrey Law Blog

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 …

October 9, 2017 Don Pumphrey, Jr. Bench Warrants/Warrants, Criminal Defense, Probation Violation County Work Program, Diversion Program, Probation Community Service Social Share

A Guide to Diversion through Community Service/County Work Program So, you’ve been arrested for a charge that will qualify you for state attorney diversion work program/community service, and you’re wondering what happens next. Well, fortunately for you, Pumphrey Law is here to assist and hopefully the process outlined below will help you navigate the process for diversion in Leon County. …

September 15, 2017 Brent Marshall Criminal Defense 4th Amendment, iPhone Law, iPhone X Social Share

The FBI and Apple famously squared off when the FBI argued that the All Writs Act of 1789 entitled them to solicit Apple’s assistance in unlocking a potential terrorist’s iPhone.[1] The FBI knew they would be able to use a computer to guess the pin in about 26 minutes, but needed Apple to turn off the phone’s setting that only allowed …

August 1, 2017 Don Pumphrey, Jr. Criminal Defense Bench Warrants, Capias, Warrants Social Share

How to withdraw a capias in Florida? This is not a question many people have to deal with on a daily basis unless you are a criminal defense attorney or someone in the criminal justice system.  In previous blog posts I have defined what a Capias actually is and what it is used for by the prosecutor and/or the judge here …

July 11, 2017 Don Pumphrey, Jr. Criminal Defense Capias Social Share

What is a capias in Florida? A capias is a court order directing the arrest of a person/defendant.  In layman terms, a capias is a tool utilized by the court to have a person physically arrested, detained and brought before the court.  If a court deems the issuance of a capias is needed, the court will direct the Clerk of …

June 28, 2017 Brent Marshall Criminal Defense Social Share

Cake Bakers and Sexual Predators: Which Forms of Speech are Protected Under the First Amendment and How This May Shape Criminal Defense in the Future The news has been inundated with stories on the now-famous Colorado cake baker who refused to bake a cake for a same-sex couple, and the subsequent legal battle that resulted.[1] A less reported on, but nevertheless …