Pumphrey Law Blog

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal vacated one of a defendant’s two convictions for online solicitation of a person believed to be a minor on double jeopardy grounds. In Florida, online solicitation of a minor (Fla. Stat 847.0135(3)) and traveling to meet a minor for the purpose of unlawful sexual activity (Fla. Stat. 847.0135(4)) are serious felonies. Solicitation is considered …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal reversed the finding of a judge who mistakenly believed a defendant’s motion to dismiss pursuant to Florida’s Stand Your Ground law had to be sworn to like a Rule 3.190(c)(4) motion to dismiss. In Florida, Stand Your Ground is a well-known statute that permits defendants to use or threaten deadly force when this is …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled a defendant could not be convicted of possessing an allegedly illegal firearm found in the center console of his vehicle. Here’s why. In Florida, possession of contraband (e.g. drugs, illegal guns) can be proven using one of two theories – actual possession or constructive possession. Though someone does not physically possess an illegal …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that a suspect saying “Man, I don’t really want to talk about that” was not an unequivocal invocation of the right to remain silent – allowing officers to continue questioning. In Florida and throughout the U.S., Miranda rights must be read to someone before they are subject to custodial interrogation by law enforcement. …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal held that even though a defendant is typically entitled for the jury to be instructed on entrapment if it is argued as a defense, there is one exception to this rule. In Florida, entrapment is a widely known and discussed defense. However, it is sometimes misunderstood. Entrapment occurs when law enforcement misconduct leads a …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 5th District Court of Appeal ruled that no matter how weak the evidence is to support an entrapment defense, a judge must instruct the jury on entrapment if the defendant produces any evidence it occurred. In Florida, entrapment is a well-known defense that acts as a total bar to criminal convictions arising from it. Entrapment occurs when government agents …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 4th District Court of Appeal ruled that an officer’s statements to a defendant after he requested a lawyer were impermissible, and that the subsequent admission of the confession at the defendant’s trial required the reversal of the guilty verdict. In Florida, the question of whether a suspect’s post-arrest statements were the product of a voluntary Miranda waiver or improper …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal ruled that a driver who sped through multiple red lights, swerved through traffic and executed illegal turns could be found guilty of vehicular homicide. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious felony offense. For someone to be guilty, the State must prove all of the following beyond a reasonable doubt: …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal established a two-pronged test to determine whether text messages sent by an alleged child victim of physical or sexual abuse can be admitted as evidence under the child hearsay exception. In Florida, hearsay is a statement made outside of court that is offered into evidence for the purpose of proving that statement is true. …