Pumphrey Law Blog

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal held that a defendant’s protection against double jeopardy was not violated by dual convictions for traveling to meet a minor and solicitation of a minor. Here’s why. 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 …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In a rare challenge to the constitutionality of Florida’s law against solicitation of a minor and traveling to meet a minor, Florida’s 5th District Court of Appeal affirmed the statute as being compliant with the First Amendment. In Florida and throughout the U.S., the First Amendment of the U.S. Constitution is a critical legal protection. The First Amendment ensures that …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal declines to address the‘plain smell doctrine’ when asked, rules the police had probable cause to search the defendant’s vehicle on other grounds. In Florida, one of the most intriguing legal questions debated by courts is when probable cause has been developed to search a vehicle. This is a fluid standard, and as a result, …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Tallahassee and North Florida’s highest court ruled that capital sexual battery defendants are not entitled to 12-person juries. But one judge on the court did not agree. In Florida, criminal defendants in the vast majority of cases have a right to a jury of just six members, not twelve. This rule applies in all felony and misdemeanor cases, with the …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A top Florida court ruled that a defendant convicted of aggravated assault with a firearm could not be sentenced to 20 years in prison for discharging it, despite the 10-20-Life law. Learn why. In Florida, aggravated assault charges are very serious. Under Fla. Stat. 784.021, there are two types of aggravated assault: Aggravated assault with a deadly weapon (e.g. a …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Tallahassee and North Florida’s highest court granted a defendant’s pretrial motion to dismiss an unlawful use of a two-way device charge, finding he was entrapped as a matter of law. In Florida, entrapment is a defense that is well-known but not necessarily understood by many. Entrapment occurs when government agents (usually police officers) induce someone to commit a crime who …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal found that a defendant could not be convicted of both solicitation of a minor and unlawful use of a 2-way communications device for conduct that occurred on the same day. In Florida, someone may be charged with solicitation of a minor (Fla. Stat. 847.0135(3)) along with unlawful use of a two-way communications device (Fla. …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A top Florida court recently affirmed a conviction for sexual battery despite the fact that the jury appeared biased against him from the start. Here’s why. In Florida, jury selection is a key part of a criminal trial. Though this process (called voir dire) is often overlooked or poorly understood by those who are not acquainted with the justice system, …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A top Florida court found that a suspect was not subject to custodial interrogation so as to require a reading of their Miranda rights, allowing the evidence recovered from their vehicle to be used against them in court. In Florida and throughout the U.S., someone must be read their Miranda rights before they are subject to custodial interrogation by law …