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Pumphrey Law Blog

Category: Criminal Defense

Dissemination of Obscene Material in Florida

September 10, 2022 Criminal Defense, Sex Crimes

Obscenity is a term whose definition changes and fluctuates with the times. In decades past, the shirtless or sports-bra-wearing models posing in the front of grocery store fitness magazines could have been deemed obscene. The litmus test for obscenity generally follows the culture that the materials are found in. A struggle has always existed between the desire to keep a …

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Do Police Officers Have to Return Property Obtained During the Course of a Criminal Proceeding?

September 10, 2022 Criminal Defense

There are many reasons why police officers may confiscate, obtain, seize, or otherwise collect someone’s property during the course of a criminal investigation and proceeding. But, once the case is over, who gets to keep the property? Does law enforcement have a duty to return seized property? In this blog post, we will cover all the necessary details regarding law …

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Trick or Treat Yourself to a Jail Cell – Trending Halloween Crimes

September 8, 2022 Criminal Defense

With fall right around the corner, one of the nation’s spookiest and most beloved holidays is upon us – Halloween. While the end of October brings about cute costumes and young trick-or-treaters, there is inevitably a dark side to the day. Criminal activity can spike during the holiday season. Northeastern Professor James Alan Fox claimed that from 2006 to 2009, …

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Arrest Made in Historic Ice Cream Shop Arson Case

September 8, 2022 Criminal Defense, News & Announcements, Theft/Property Crimes

I scream, you scream, we all scream for more knowledge on the arson statute in Florida! Arson charges are often complex and taken very seriously in the state of Florida. Whether the incident happened with purpose or resulted from boredom, damaging a dwelling or structure from fire or an explosion can lead to an arson charge. A recent case in …

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Is Sports Betting Illegal in Florida?

September 8, 2022 Criminal Defense

Football season is about to begin which means many people across the United States are starting to draft their fantasy football teams. Aside from fantasy football, many Americans enjoy betting on various sports, either online or in person. But is sports betting legal in Florida? If not, what penalties are associated with illegal sports betting? We’ll cover everything you need …

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Is Graffiti Legal in Florida?

September 8, 2022 Criminal Defense, Theft/Property Crimes

Graffiti is a form of art that is usually tied to societal or political messaging and shown in public places like on the sides of buildings, under bridges, on walls, or inside abandoned structures. The term graffiti originates as a reference to ancient inscriptions on the walls of ancient structures and ruins. The graffiti in these times consisted of words …

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Incompetent to Stand Trial? Everything You Need to Know

September 7, 2022 Criminal Defense

Sometimes, when a suspect is arrested and charged with a criminal offense, they have no idea what is actually going on. This can be due to a mental illness, mental defect, or other types of infirmity that result in the individual being incapable of understanding the nature of the charges against them. This can lead to the criminal defendant being …

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Lesser Included Offenses in Florida

September 7, 2022 Criminal Defense

A lesser-included offense refers to a criminal offense that has elements which are completely contained in another, more serious, criminal offense. It can also be referred to as another criminal law term – a necessarily included offense. It describes a phenomenon with lesser-included offenses where it is not possible to commit the more serious criminal offense without committing the lesser …

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Can I Get Arrested for Messing with a Monument in Florida?

September 7, 2022 Criminal Defense

After George Floyd died in 2020, there was national outrage that took to the streets in month-long protests. One of the responses during these protests was to deface or destroy Confederate monuments across the U.S. that many claimed represented racist ideologies. In April 2021, Florida’s governor decided to pass a new law that would protect these controversial monuments, and potentially …

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