Pumphrey Law Blog

April 21, 2025 Don Pumphrey, Jr. Criminal Defense, Domestic Violence Social Share

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 …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

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 …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

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 …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

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 …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

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 …

April 21, 2025 Don Pumphrey, Jr. College, College Student Disciplinary Hearing, Criminal Defense Social Share

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, …

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

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 …

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

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 …

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

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 …