Reasonable articulable suspicion (RAS) is more than a mere suspicion or hunch. Whether reasonable articulable suspicion is developed, is based upon the mind of the officer at the time of the observations, information, encounter or investigation. The officer making the decisions and exercising lawful authority must do so just as any reasonable, prudent, cautious officer would in the same circumstances. …
False Sex Allegations in Florida: Information to Help the Falsely Accused If someone is accused of rape or sexual assault in Florida, it can have life-altering consequences. This includes the emotional toll, incurring reputational damage, harsh and severe legal repercussions as well. Understanding potential avenues for recourse if accused is critical for anyone who is facing such a situation. Contact …
In a crossing situation involving a stand-on vessel and a give-way vessel under Florida’s Inland Navigation Rules, the stand-on vessel has the right of way. Under federal boating regulations, when two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side (the give-way vessel) shall keep out of …
Reckless operation of a vessel in Florida is a serious crime that may endanger the lives and property of others. Florida Statutes 327.33 describes the reckless operation of a vessel as involving “Wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage …
Why Honesty is Still the Best Policy, Even with Silence as Your Right: A Criminal Defense Attorney’s Guide As a criminal defense attorney, I understand the initial urge to explain away a situation when facing criminal charges. However, I firmly believe that honesty, not deception, is the key to navigating a difficult legal situation. Let me explain why: The Power …
Florida has strong laws in place to protect children from online predators and those who use communication channels to lure them into harmful situations. One such law is Section 847.013(1)(a) of the Florida Statutes, which makes it a crime to use obscene or harassing communication to seduce, solicit, induce, entice, or attempt to entice a child to commit a sex …
DUI charges in Florida can be dropped, though it’s not guaranteed. Here’s a breakdown of situations where dismissal might be achievable in the event you hire an experienced DUI defense attorney. Errors by Law Enforcement Improper Stop: If the police officer lacked a valid reason to pull you over, the entire case could be thrown out. Examples include broken tail …
Being arrested can be a stressful and confusing experience. Here’s a breakdown of what typically happens after an arrest in Florida, focusing on the legal process: Booking After the arrest, the police will take you to a station for booking. This involves creating a record of your arrest with details like your name, fingerprints, and photographs. Your belongings will be …
In Florida, browsing the internet, even if you stumble upon unlawful content, this normally does not qualify as a criminal offense. However, there are conditions where certain actions someone takes while visiting a site can result in charges. First Amendment and Freedom of Speech The First Amendment to the Constitution protects freedom of speech, which extends to having access to …
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.