Pumphrey Law Blog

June 6, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

When someone is taken into custody by law enforcement, they must be notified of their Miranda rights before officers can interrogate them. Any waiver of someone’s rights to remain silent and their right to have an attorney present during questioning must be made knowingly, intelligently, and voluntarily. If someone agrees to speak with law enforcement and validly waives their rights …

June 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. Typically, hearsay is excluded from mention in criminal proceedings against a defendant. But under certain circumstances, hearsay is admissible in a court of law. Hearsay may be offered in court when the hearsay statement falls …

May 31, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. Though hearsay is generally inadmissible in court, hearsay “exceptions” exist under Florida law allowing for the use of nontestimonial hearsay statements at trial under certain circumstances – even if a declarant (speaker) is never cross-examined …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, non-English speaking defendants are sometimes arrested and charged with a crime. Often, these individuals will be subject to police interrogation as well as court proceedings that would typically occur in English.  But if someone does not speak English or speaks very little of it, are they entitled to an interpreter during any and all legal proceedings – from …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, burglary is considered a very serious felony offense. But a lesser-known offense than (and lesser-included offense of) burglary is possession of burglary tools – which is itself a very serious felony. This article will discuss the crime of possession of burglary tools, the elements the State must prove to establish someone’s guilt of this offense, and defenses. Possession …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, child hearsay statements about acts of physical and sexual abuse are sometimes considered admissible under Florida’s child hearsay exception (Fla. Stat. Section 90.803(23)) – even if that child has not been cross-examined by the defendant. Hearsay is an out of court statement offered in court for the purpose of proving the truth of the matter asserted in the …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, trespass in a conveyance is a very serious criminal offense. This article will discuss the offense of trespass in a conveyance under Florida law, define what constitutes a conveyance in Florida, and examine case law and defenses to the charge. Trespass in a conveyance in Florida is defined as willfully entering or remaining in a conveyance without authorization, …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, homes and vehicles are often the subject of police searches and seizures. But the legal standard officers must meet before searching an automobile for evidence relating to a criminal activity, differs from the standard that must be met to search a residence.  This article will discuss the laws police must abide by if seeking to search a home …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

If someone is arrested and charged with online solicitation of a minor in Florida under Fla. Stat. Section 847.0135(3), this is considered a very serious felony. It is punishable by up to 5 years in prison and a $5,000 fine.  But what if the alleged child victim is not a child at all – and the person solicited for sex …