Pumphrey Law Blog

June 17, 2025 Don Pumphrey, Jr. Civil Asset Forfeiture, Criminal Defense Social Share

In Florida, civil asset forfeiture in response to allegations of criminal activity can be very serious. In response to developing probable cause that assets were used in the commission or furtherance of a criminal offense, law enforcement may sometimes seize those assets pursuant to the Florida Contraband and Forfeiture Act (FCFA). Assets that are typically seized by law enforcement as …

June 10, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, someone’s waiver of their Miranda rights must be knowing, intelligent, and voluntary. A suspect’s Miranda rights include the right to remain silent, the right to an attorney, and a notification of the fact that anything they say can and will be used against them in a court of law.  But what happens when someone invokes their Miranda rights …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vessel homicide is a very serious felony offense. Unlike many other forms of homicide, vessel homicide does not require the person charged with the homicide to have intended for the victim to die. If someone operates a vessel (boat) recklessly and their actions are the proximate cause of another’s death, they may be convicted of vessel homicide. This …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A major Florida court recently answered a common question – can a K-9 (police dog) sniff of a vehicle that alerts an investigating officer to the potential presence of drugs serve as probable cause for a search? The Fifth District Court of Appeal says no. This article will discuss the Fifth DCA’s Ford v. State ruling and what it means …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, attempted second-degree murder is a serious felony offense. It is considered a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. However, legal scholars and Florida courts have debated the legality of the state’s attempted second-degree murder statute – as it does not require someone to have specifically intended to commit murder for …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, the Pardo rule – though little-known outside of legal circles – is a staple of law and the operation of the state’s court system. This article will discuss the Pardo rule’s origins and its application in criminal cases in Florida. Florida has six District Courts of Appeal (DCAs) located throughout the state. These courts serve as intermediate appellate …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery is a very serious felony offense. Under Fla. Stat. Section 794.011, sexual battery is defined as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, except for acts done for bona fide medical purposes,” without consent. However, attempting the …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, entrapment can potentially be used as a defense to criminal charges if an individual only committed a crime due to government action. To argue entrapment under Fla. Stat. Section 777.201, someone must establish that they were induced by law enforcement to act illegally, and they were not predisposed to commit the crime with which they are charged. Inducement …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, entrapment can be used as a defense to various criminal charges. Under Fla. Stat. Section 777.201 and the Florida Supreme Court’s ruling in Munoz v. State, 629 So. 2d 90 (Fla. 1993), entrapment occurs when the government induces a non-predisposed defendant to commit a crime they otherwise would not have committed. But what does “predisposition” mean in the …