Pumphrey Law Blog

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal established a two-pronged test to determine whether text messages sent by an alleged child victim of physical or sexual abuse can be admitted as evidence under the child hearsay exception. In Florida, hearsay is a statement made outside of court that is offered into evidence for the purpose of proving that statement is true. …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal ruled that a defendant lawfully used force with a firearm after believing he was in danger of death or serious bodily harm – and that he did not have a duty to warn his attacker he was armed. Florida’s “Stand Your Ground” law provides key legal protections for those who reasonably act in self-defense, …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal found that a defendant was impermissibly convicted separately of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon.  In Florida, possession of a firearm by a convicted felon is a serious felony offense under Fla. Stat. 790.23. For someone to be guilty, the State must prove the …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal found a defendant convicted of attempted second-degree murder and sentenced to 30 years in prison was not entitled to have a 12-person jury decide his case.  In Florida, the vast majority of criminal cases are heard and decided by six-person juries. Florida is one of only two states that continues to rely upon juries …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal upheld the admission of an alleged sexual abuse victim’s CPT interview tape under the child hearsay exception, finding the trial judge made sufficient findings on the record of its reliability and trustworthiness. In Florida, hearsay is a statement (or writing/record) made outside of court that is offered in court to prove that the content …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal held that a juvenile could not be adjudicated delinquent of felony criminal mischief when the sole estimate that the damages were above $1,000 came from a third party that did not testify. In Florida, criminal mischief (Fla. Stat. 806.13) is a very serious offense. For someone to be guilty, the State must prove beyond …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Juvenile Offenses Social Share

Florida’s 5th District Court of Appeal found that a juvenile driving double the speed limit, in the dark, without an adult in the car despite only having a learner’s permit, committed vehicular homicide when he caused a fatal crash. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious felony offense. For someone to be found guilty, the State …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of appeal reversed a defendant’s sentence to the statutory maximum because the trial judge appeared to take into consideration the fact that the defendant was not American. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) and solicitation of a minor online (Fla. Stat. 847.0135(3)) are very serious offenses. Someone may be charged with either …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal held that just because an undercover officer lied about their age in a traveling to meet a minor police sting, this did not mean the defendant was entrapped. In Florida, entrapment is a well-known but frequently misunderstood defense. Entrapment occurs when government agents (e.g. police) impermissibly induce a defendant to commit a crime that …