Pumphrey Law Blog

June 22, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What is a Polygraph or Lie Detector Test? Polygraph examinations have become culturally iconic tools used in movies and television whose subject matter is criminal investigations. A polygraph test uses a recording instrument that records physiological changes in the body in order to examine whether a lie is being told based on the subject’s heart rate, blood pressure, respiration, and …

June 21, 2021 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

What Is Revenge Porn? Revenge porn is when a revealing or sexually suggestive image of someone is posted online without their consent, typically by a former romantic partner, with the goal of causing them embarrassment or distress.[1] This content is often shared with a partner in a trusted exchange and then is eventually used to “take someone in their most …

June 21, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Notoriously engrained discriminatory beliefs congregated in a certain area or region can create problems in terms of juror impartiality. Impartiality is the quality of not being biased or prejudiced.[1] The Supreme Court has recognized these problems in the last fifty years, issuing rulings acknowledging that “local prejudice can be so incompatible with a defendant’s right to an impartial jury that …

June 21, 2021 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Federal Legislation The Trafficking Victims Protection Act (TVPA) of 2000 is considered the basis of federal human trafficking legislation. The term “trafficking” within the act refers to “severe forms of trafficking in persons,” meaning: “Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act …

June 16, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Who Owns the Client’s File? Florida law recognizes anything that an attorney prepares for the purpose of representation is the attorney’s property – including contents within a client’s file.[1] However, an attorney acts contrary to the broad rules of ethics and professional conduct when they fail to turn over documents from the client’s file requested by a client’s new attorney.[2] …

June 14, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

A Brief Background on Forced Labor Forced labor fueled by labor trafficking affects millions of men, women and children globally, and such work is present in the agricultural, manufacturing, and mining/quarrying sectors of the United States, as well the sex industry. However, America’s highly underregulated agricultural industry differs because unlike other industries that center around goods produced by labor abuse …

June 14, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Wrongful Convictions Resulting from Eyewitness Identification Eyewitness identification occurs in a case in which an eyewitness identifies the suspect to the police. Though eyewitnesses can be crucial in solving a case, the dangers of misidentification are all to present. In fact, eyewitness misidentification is the single greatest factor contributing to wrongful convictions in the United States.[1] According to recent data, …

June 10, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What is Vindictive Prosecution? The Supreme Court established that vindictive prosecution is impermissible and occurs when the prosecutor retaliates against the defendant because the defendant has chosen to exercise a legal right.[1] This results in a denial of due process, a defendant’s constitutional right to fair proceedings in a court of law. It is difficult to draw a hard and …

June 9, 2021 Don Pumphrey, Jr. Criminal Defense, Florida Panhandle Arrests Social Share

 Collateral Consequences Generally Collateral consequences are the roadblocks that those with prior criminal convictions and their loved ones face upon the returning citizen’s release. These range from emotional consequences, like a sense of helplessness when returning to the outside world, all the way to government-imposed burdens, like restricted access to public benefits.[1] These all culminate into one result: recidivism. Recidivism …