Pumphrey Law Blog

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

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 license or …

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

Pretrial Intervention in Leon County, FL? 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 …

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

Update: In 2023, Appeals Court Rejects Federal Gun Ban for Marijuana Consumers 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. The technical term for a dispensary shop is Medical Marijuana Treatment Center (MMTC). There are currently over 400 open dispensaries …

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 …