Pumphrey Law Blog

May 20, 2019 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI DUI, felony dui, florida felony dui Social Share

Diving under the influence, commonly referred to as a DUI or DWI (driving while intoxicated), is a serious charge that can be either classified as a misdemeanor or a felony, with the penalties exponentially increasing for a felony DUI. But when exactly does a drunk driving charge go from a simple misdemeanor to a felony? Typically, a first time driving …

May 16, 2019 Don Pumphrey, Jr. Criminal Defense, News & Announcements florida legal news, marsys law Social Share

What is Marsy’s Law? Marsy’s Law is a constitutional amendment that was passed with 62 percent of Florida voters in November of 2018 voting for this law. Modeled after a similar measure in California, Marsy’s Law broadens the rights of crime victims and ingrains them into the state constitution. These rights include: Considering a victim’s safety when authorities set bail …

April 29, 2019 Don Pumphrey, Jr. Criminal Defense, Probation Violation florida violation of probation, probation violation, vop Social Share

As outlined in Florida Statutes Chapter 498, probation is defined as a form of community supervision that imposes certain terms and conditions on an offender in lieu of incarceration. Although it serves as an alternative to incarceration, a probationary sentence should not be taken lightly. Violating a condition of your probation can have serious consequences and may even result in …

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 indecent chat or sexual conduct involving the above could get a person arrested by the police. …

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?  …