Pumphrey Law Blog

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A judge who served on Florida’s 1st District Court of Appeal indicated his strong support for twelve-person juries in criminal cases in a major concurring opinion. In Florida, unlike most other U.S. states, a six-person jury is seated in the vast majority of criminal trials. The sole exception to this is capital felonies (punishable by death), which require a twelve-person …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A major Florida court reversed a murder conviction because the Miranda warnings that the defendant received were “constitutionally inadequate.” This blog will discuss why. In Florida, a suspect in a criminal case must be read their Miranda rights before they are subject to custodial interrogation. These include: The right to remain silent The fact that anything can and will be …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, jury selection is a critical part of any criminal case. This occurs during a process called voir dire, in which attorneys for both sides (prosecution and defense) participate. During voir dire (French for “to speak truth”), jurors are asked questions that may be relevant to their ability to be an impartial (fair) fact-finder in the case. This is …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A top Florida court ruled that a suspect saying “I think I should have a lawyer” is not an “unequivocal” invocation of their right to counsel under Miranda v. Arizona. Here’s why. In Florida, someone must be read their Miranda rights by law enforcement before they are subject to custodial interrogation. According to the U.S. Supreme Court’s Miranda v. Arizona, …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Tallahassee and North Florida’s highest court rules that taking property from the bed of a pickup truck is felony burglary of a conveyance.  In Florida, burglary of a conveyance is a very serious felony offense under Fla. Stat. 810.02. It involves entering a conveyance to commit a separate crime while inside, such as theft (or any other crime other than …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida Supreme Court rules that any time someone asks law enforcement officers a question about their Miranda rights before or during interrogation, they must provide an “honest and straightforward” answer. In Florida (and all 50 U.S. states), someone who is placed into police custody must be notified of their Miranda rights before they are subject to interrogation (or its functional …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Violent Crimes Social Share

In Florida, only six people (not twelve) are required for the impanelment of a jury in most criminal cases. This has been state law for decades, and it was upheld in the U.S. Supreme Court’s 1970 decision, Williams v. Florida, 399 U.S. 78 (1970). The exception to this is in capital cases. If someone is charged with a capital felony …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A decision from a major Florida court reverses a trial judge’s finding of entrapment in a traveling to meet a minor case. The court ruled it was an issue for the jury to decide. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) is a very serious offense. It is a second-degree felony, punishable by up to 15 years …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In DeMare v. State, Florida’s 2nd District Court of Appeal discussed the defense of entrapment in traveling to meet a minor cases stemming from police sting operations. If someone is charged with traveling to meet a minor and online solicitation of a minor in Florida (Fla. Stat. 847.0135), there are various defenses that may be pursued. One of these is …