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Pumphrey Law Blog

Category: Criminal Defense

Does the Identity of a Confidential Informant Have to Be Disclosed in Florida?

April 21, 2025 Criminal Defense

job application arrest question

In Florida, laws exist surrounding the disclosure of a confidential informant’s identity by prosecutors to the defense before a trial. While the State has the right to withhold the identifying information of informants for their safety in certain situations, this is subject to constitutional restrictions. This article will explain what the Florida legislature and courts have said about when prosecutors …

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What is Proximate Cause in Florida Criminal Law?

April 21, 2025 Criminal Defense

In both civil and criminal law, the concept of “proximate cause” is an important one. Proximate cause is typically defined as the underlying – or but-for – cause of a particular negative outcome. In other words, it is the act that is mostly or entirely responsible for what occurred.  Florida criminal law uses two “proximate cause” tests, depending on the …

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Sexual Battery By a Person in Familial or Custodial Authority in Florida

April 21, 2025 Criminal Defense, Sex Crimes

sexual cyberharassment

The crime of sexual battery by someone in familial or custodial authority is regulated under Florida Statutes Section 794.011(8)(b). If a family member or someone in custodial authority sexually batters a minor under the age of 12, this is a capital felony in Florida – punishable by the death penalty. If the minor is over the age of twelve, this …

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Is it A Crime to Have a Fake ID in Florida? What to Know

April 21, 2025 College, College Student Disciplinary Hearing, Criminal Defense

Fake ID

In high school and college, it is quite common for students to attempt to procure fake IDs. But possession of one of these is a crime – and could land someone in serious legal trouble. In fact, it is a felony to possess a fictitious or fraudulent identification in Florida. This article will discuss the law surrounding the sale, possession, …

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What is Severance in Florida?

April 1, 2025 Criminal Defense

judge

For defendants charged with an offense they are alleged to have committed jointly, Florida courts will often try the accused together. But under certain circumstances, someone can successfully file to sever the trial – in other words, to be separately from one or more co-defendants that they are currently set to be tried with. This article will explore when a …

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When is Post-Miranda Evidence Admissible in Florida?

April 1, 2025 Criminal Defense

criminal investigation

If someone is arrested and interrogated by law enforcement, they may make statements about the existence and location of evidence that can be used against them in court. This can be especially harmful to their defense if the evidence in question, such as a weapon, is discovered by police as a result of that statement.  Even if someone does not …

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When is a Miranda Waiver Knowing, Intelligent & Voluntary in Florida?

March 31, 2025 Criminal Defense

Florida police interactions

Imagine a suspect is arrested by law enforcement. They are told of their right to remain silent. However, the arresting officers omit that the suspect has the right to have an attorney during questioning. When officers begin the interrogation, the suspect initially remains quiet, but finally confesses. That confession is inadmissible in court. This blog will explore when someone has …

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Is It Illegal to Threaten a School Shooting in Florida? What to Know

March 31, 2025 Criminal Defense, Violent Crimes

restoration of florida gun rights

In Florida, like the rest of the United States, there is a cherished tradition of free speech and expression. But this right is not unlimited. Florida’s legislature has made clear that when someone threatens a mass shooting – including a school shooting – this is not protected by the First Amendment. In fact, it is a felony. Florida Statutes Section …

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Is Smell of Marijuana Probable Cause in Florida?

August 30, 2024 Criminal Defense, Drug Charges, News & Announcements

Marijuana DUI Florida

Is “Plain Smell” of Marijuana Probable Cause in Florida? A Major New Court Ruling Says No For decades, Florida courts have generally agreed that the plain smell of marijuana is sufficient for police officers to conduct a search of a person or their vehicle, often referred to as the “plain smell doctrine.” But a new ruling from a major Florida …

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