In Florida, a confidential informant may cooperate with law enforcement to avoid arrest or prosecution for a crime, or mitigate punishment for a crime. Confidential informants sometimes complete “controlled buys” from drug suspects. These involve police sending an informant in to purchase drugs from a suspected dealer, and recording this interaction to use as evidence against the target suspect. Under …
In Florida, an injunction is defined as a court order that tells one person to stay away from and not contact another person (the petitioner). A person may be subject to an injunction for various reasons. These include: Domestic violence Stalking Cyberstalking Someone subject to a final injunction is prohibited from possessing a firearm or ammunition. This is not just …
If someone intentionally violates a valid injunction for domestic violence or stalking in Florida, this can be a very serious offense. An injunction is defined in Florida law as a court order that tells one person to stay away from and not contact another person (the petitioner). This blog will explain the law surrounding injunction violations, and potential defenses if …
In Florida, a judge will sometimes grant an injunction even when the respondent is not physically present. An injunction is defined as a court order that tells one person (respondent) to stay away from and not contact another person (petitioner). But judges are limited by law as to when they can grant an “ex parte injunction.” This blog will discuss …
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 …
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 …
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 …
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, …
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 …
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.