Pumphrey Law Blog

November 22, 2023 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

In April 2023, U.S. Senate Majority Whip Dick Durbin introduced a bill titled the Strengthening Transparency and Obligation to Protect Children Suffering from Abuse and Mistreatment Act of 2023 (STOP CSAM Act). The Act was created to stop the proliferation of child sexual abuse material (CSAM) online. The U.S. Senate Committee on the Judiciary reported that the number of child …

November 22, 2023 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

We’ve previously covered the changes made through the FBI’s National Summary Reporting System. The federal government announced nearly a decade ago their plan to transition away from summary reporting to instead focus on specific incident reporting. Now state legislations are following suit, including Florida. Florida has adopted a new method of crime reporting under The Florida Incident-Based Reporting System (FIBRS), …

November 22, 2023 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI, Juvenile Offenses Social Share

Driving under the influence (DUI) of drugs or alcohol is extremely dangerous to yourself and others on the road. Not only can you cause property damage and serious injuries, but accidents caused by drunk drivers can also lead to the unexpected and untimely death of innocent victims. In the state of Florida, this is considered DUI manslaughter. DUI manslaughter has …

November 22, 2023 Don Pumphrey, Jr. Criminal Defense, Juvenile Offenses Social Share

Florida law prohibits any weapons or firearms from being brought onto school property. It does not matter if it is during school hours or an after-hours school event, weapons are prohibited. The Florida School Search Reference Guide explains that, despite the Fourth Amendment prohibiting the unreasonable search and seizure of a person, the unique nature of a public-school environment and …

November 22, 2023 Don Pumphrey, Jr. Criminal Defense Social Share

Aside from defendants charged with a capital offense or life felony, the Florida Criminal Punishment Code (CPC) provides that defendants have the right to pretrial release on reasonable conditions. A common form of release for criminal defendants is through a surety bond. When a defendant can post bond, it allows them to be released from prison under the agreement that …

October 26, 2023 Don Pumphrey, Jr. Criminal Defense, Drug Charges, News & Announcements Social Share

A recent ruling made by the Minnesota Supreme Court eliminated the smell of marijuana coming from a motor vehicle as insufficient grounds for police to justify a warrantless search. It is important to note that the Minnesota Supreme Court’s ruling does not change the legal standards in Florida for determining whether law enforcement may search a vehicle based on the …

October 26, 2023 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI, News & Announcements Social Share

The Monroe County Sheriff’s Office arrested a woman in Key Largo after a traffic violation turned into a suspected DUI. The Local 10 reported that Michele Lee Burke, 54, was driving on the Overseas Highway when she failed to move over into the left lane while passing two deputies conducting a traffic stop. Under the amended Move Over Law, drivers …

October 26, 2023 Don Pumphrey, Jr. Criminal Defense, News & Announcements, Sex Crimes Social Share

We previously covered the first Operation Traffic Stop in a blog post earlier this year. The second operation by Polk County Sherrif’s Office, along with several other jurisdictions, took place this September and resulted in over 200 arrests for differing sex crimes. The resulting charges varied between soliciting sex, offering to commit prostitution, and the engagement in human trafficking. This …

October 26, 2023 Don Pumphrey, Jr. Criminal Defense Social Share

Only four months after Florida’s new death penalty legislation was signed into law, court districts  across the state are having to choose whether they believe the new statute applies to certain capital cases. To provide some context: The 2016 Supreme Court decision in Hurst v. Florida found that the State’s process for the death penalty was unconstitutional. Later in October …