Pumphrey Law Blog

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 5th District Court of Appeal reversed a defendant’s vehicular homicide conviction after he stopped unexpectedly before entering an intersection – then made a panicked left turn that caused a fatal collision. In Florida, vehicular homicide is a very serious felony offense. For someone to be guilty, the State must prove all of the following beyond a reasonable doubt (Fla. …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal ruled that the trial judge preventing a defendant from arguing he was entrapped was grounds to reverse his convictions. In Florida, entrapment is one of the most well-known defenses in criminal cases. There are two types of entrapment recognized under state law: subjective entrapment and objective entrapment. These can be raised before trial (in …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges, Juvenile Offenses Social Share

Florida’s 1st District Court of Appeal held that even though there were multiple other passengers in the vehicle, the substance was in plain view in an area over which the juvenile had exclusive control. In Florida, someone may be arrested and charged with possession of a controlled substance or drug paraphernalia even if this was not found in their actual …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal reversed a defendant’s conviction for vehicular homicide despite her clear negligence leading up to a fatal crash. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious offense. For the State to prove someone guilty, all of the following must be established beyond a reasonable doubt: The defendant was operating a motor vehicle  …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that because law enforcement misled a defendant as to when he had the right to an attorney, his post-Miranda confession at trial was wrongly used against him, requiring reversal of his conviction. In Florida and throughout the U.S., a suspect must be notified of their Miranda rights before they are subject to custodial …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 4th District Court of Appeal reversed a defendant’s conviction because prosecutors improperly introduced evidence that he initially refused to give law enforcement his cell phone passcode.  In Florida, someone may face charges of traveling to meet a minor (Fla. Stat. 847.0135(4)), solicitation of a minor (Fla. Stat. 847.0135(3)), and unlawful use of a two-way communications device (Fla. Stat. 934.215). …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal upheld the admission of a Child Protection Team (CPT) forensic interview with a child in a sexual battery case, finding the trial judge did not abuse his discretion in allowing this to be introduced. In Florida, hearsay is defined as an out of court statement offered in court for the truth of the matter …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 6th District Court of Appeal recently held that a defendant’s conviction for drug trafficking could be upheld, as he was the only one in the vehicle when controlled substances were found inside. In Florida, constructive possession is a critical concept to understand. If someone is accused of possessing contraband (e.g. illegal drugs, guns), the State can prove that the …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal held in a landmark decision that a defendant with no criminal record who was sent child pornography by law enforcement was both subjectively and objectively entrapped, requiring his conviction to be reversed. In Florida, entrapment is a total defense to criminal charges stemming from police activity that allegedly induced a defendant to act unlawfully, …