Pumphrey Law Blog

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, lab reports and other forensic evidence are often admitted by the State at trial against a defendant. These documents may serve various functions, such as: Matching DNA of someone alleged to be at a crime scene to a particular individual Testing drugs allegedly seized by police to ensure these are controlled substances Providing details regarding blood, semen, or …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida criminal trials, a defendant has the right to cross-examine any witness called against them in accordance with the Sixth Amendment’s Confrontation Clause. However, a witness may sometimes be unavailable to testify at trial.  Two common questions are often raised in the context witness unavailability, both of which this article will address: When is a witness considered unavailable under …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, Level Two wildlife violations are regulated by Fla. Stat. Section 379.401(2)(a). If someone commits such an offense, they may face not just fines or a citation – but potential criminal penalties including jail time. This article will discuss Level Two wildlife violations in Florida, including example cases, potential penalties, and defenses. Fla. Stat. Section 379.401 covers penalties for …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, statutes and ordinances are presumed constitutional. But under limited circumstances, laws in the state have been successfully challenged on the basis that they are unconstitutionally vague. This is because laws must be written clearly enough for ordinary people to understand which conduct is prohibited by the statute, and police must have clear standards for enforcement of laws. This …

June 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In some cases, a child may testify at a criminal trial regarding an abuse allegation. However, the child may change the content of – or entirely repudiate – their hearsay (out of court) statements alleging the physical or sexual child abuse that led to the arrest of a defendant.  If child hearsay statements alleging the charged crimes are introduced in …

June 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Social Media Social Share

In Florida and all 50 U.S. states, someone arrested and charged with a crime has a constitutional protection against double jeopardy. Double jeopardy occurs when someone is either put on trial again despite being acquitted, or is charged with multiple crimes stemming from the same course of conduct, the elements of which entirely overlap. Blockburger v. United States, 284 U.S. …

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

In Florida, prior consistent hearsay statements are generally inadmissible on the grounds that these may bolster a witness’s testimony. If someone testifies to a particular set of events and previously recounted these events in a similar fashion to law enforcement or another source, these out of court statements generally cannot be used against a defendant. However, there are exceptions to …

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

In Florida, civil asset forfeiture allows law enforcement to seize someone’s assets – including cash – if they develop probable cause to believe the property was used or “reasonably linked” to criminal activity. In fact, the Florida Contraband Forfeiture Act (FCFA) explicitly authorizes law enforcement agencies throughout the state to do so. But after police in Florida seize someone’s cash, …

June 17, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, grand theft of a firearm is considered a very serious felony offense. It is regulated by Fla. Stat. Section 812.014(2)(c)(5). This article will discuss the crime of grand theft of a firearm in Florida, its elements, and potential defenses to this charge. For someone to be found guilty of grand theft of a firearm in Florida, the State …