Pumphrey Law Blog

July 11, 2017 Don Pumphrey, Jr. Criminal Defense Capias Social Share

What is a capias in Florida? A capias is a court order directing the arrest of a person/defendant.  In layman terms, a capias is a tool utilized by the court to have a person physically arrested, detained, and brought before the court.  If a court deems the issuance of a capias is needed, the court will direct the Clerk of …

June 28, 2017 Brent Marshall Criminal Defense Social Share

Cake Bakers and Sexual Predators: Which Forms of Speech are Protected Under the First Amendment and How This May Shape Criminal Defense in the Future The news has been inundated with stories on the now-famous Colorado cake baker who refused to bake a cake for a same-sex couple, and the subsequent legal battle that resulted.[1] A less reported on, but nevertheless …

May 11, 2017 Don Pumphrey, Jr. Criminal Defense Clean Hands Provision Social Share

Finally Getting Rid of Clean Hands? What happens when a prisoner is wrongfully accused of a crime? We can hardly deny that prison, for any length of time, can be a completely life changing experience. Especially if the wrongfully accused crime was something heinous such as sexual assault, homicide, or serious drug offenses. So what has the Florida government done to …

April 6, 2017 Don Pumphrey, Jr. Criminal Defense Social Share

If you could somehow read the mind of opposing counsel and anticipate their every argument, would you? On some level, you may be privy to the opposition’s case through their brief and/or disclosure of evidence, but being able to predict what they will say is impossible, or is it? In sport, an athlete’s ability to predict their opponent’s next move …

March 30, 2017 Don Pumphrey, Jr. Criminal Defense, Florida Panhandle Arrests Social Share

I’m getting pulled over! Oh Crap! There are blue lights flashing behind you indicating that you need to pull over.  What should you do?  The blue flashing lights are directed at you.  What do you do if you get pulled over by the police? Everyone has been pulled over at some point in their life. Being pulled over is stressful …

March 27, 2017 Don Pumphrey, Jr. Criminal Defense Social Share

“Criminal Defense Attorney” or “Attorney” are not common search terms here in Tallahassee; our State capital.  Unfortunately, “Tallahassee Criminal Defense Attorney” is the most searched term, let’s face it. The reason is quite simple.  Tallahassee or Leon County ranks at the top of crime rate as reported by The Tallahassee Democrat. According to the Tallahassee Democrat, “[the number of reported crimes …

March 23, 2017 Don Pumphrey, Jr. Criminal Defense Social Share

The majority of the defendants in any given Florida courtroom could not tell you the meaning of the term nolle prosequi. Nolle Prosequi, in legal terms, means that ‘[a]t common law the State has the discretion to announce a nolle prosequi any time prior to the swearing of the jury to try the cause. Wilson v. Renfroe, 91 So.2d 857, 859 (Fla.1956). …

January 6, 2017 Don Pumphrey, Jr. Criminal Defense Social Share

Florida Governor Rick Scott signed all but three of the 272 bills that came to his desk during the 2016 legislative session. While 67 went into effect immediately upon receiving the signature of the governor and another 159 took effect on July 1, three bills became effective at the start of 2017. The three new laws in Florida include the …

January 4, 2017 Brent Marshall Criminal Defense Social Share

James Bates of Bentonville, Arkansas claims he woke up on November 22, 2015 to find his friend, Victor Collins, dead in his hot tub.[1]  At about 9:30 AM Bates called 911 to report that he found the body after a night of heavy drinking with Collins and another friend. [2]  Bates claims to have no memory of what occurred, but …