Pumphrey Law Blog

July 5, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

On July 1, 2021, The Supreme Court of Florida decided case Cruz v. State[1], affirming the defendant’s convictions for first-degree murder. However, the real importance of this case is their decision to reverse the defendant’s death sentence and remand (send the case back down to the trial court level) for resentencing. Factual Background of the Case In 2019, a unanimous …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

The Lockstep Doctrine refers to the principle that state courts, when presented with a federal question, are not bound by the decisions of any federal court deciding on that question except for the United States Supreme Court. This doctrine stemmed from the theory that federal courts “were originally created to coordinate with state courts, [and] with the exception of the …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

The Underlying Facts of His Conviction[1] Comedian and television star Bill Cosby has been released from prison after serving three of his three-to-ten-year sentence for his sexual assault conviction. Cosby was originally arrested in 2015 and convicted in a jury trial in 2018 on three counts of aggravated indecent assault for the sexual assault and drugging of Andrea Constand, a …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

If the po-po (police) are at the door or asking questions – or your friends are telling you cops are asking questions – assume you are under investigation for something illegal. Think about the worst case scenario. Don’t freak out and start calling your friends, “bros,” classmates, boyfriends, girlfriends, non-binary friends, or anyone who has advice. People who are not …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Criminal jury instructions are a set of directions read to the jury before their deliberations that outline the legal standards involved, how the jury should evaluate the evidence, and what behavior is expected from them.[1] Florida Rule of Criminal Procedure 3.390 sets forth the judge’s responsibility of directing the jury with instructions. The rule states that there must be written …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What is an Arrest Warrant? An arrest warrant is a document issued by the court that allows the police to take a criminal suspect into custody.[1] In order to issue an arrest warrant, probable cause must exist, meaning that a reasonable person would believe that the information presented indicates that criminal activities have occurred.[2] Arrest warrants fall under the Fourth …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense, Drug Charges, Drunk Driving/DUI Social Share

If you or a loved one has been charged with a crime, and you were intoxicated during the commission of the crime, then you may be able to assert an involuntary intoxication defense depending on the circumstances. If you believe that your arrest was a result of involuntary intoxication, it is important that you seek representation from an experienced criminal …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

“Innocent until proven guilty,” or the presumption of innocence, is a legal phrase deeply entrenched in popular culture. It can be heard on television and in movies during a legal drama, and in the news when a certain case captures national attention. However, not many people know the roots of the phrase or how it actually applies to criminal defendants …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Ambien is a sedative-hypnotic sleep medicine used by adults to treat insomnia. The Ambien defense is also known as the “sleep driving” defense. The Food and Drug Administration (FDA) defines sleep driving as “driving while not fully awake after ingestion of a sedative-hypnotic product, with no memory of the event.”[1] Zolpidem (sold under the brand names Ambien, Ambien CR, Edluar, …