Pumphrey Law Blog

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 3rd District Court of Appeal dismissed the charges against a defendant accused of drug trafficking on the grounds that law enforcement induced him to engage in drug activity, and there was no evidence he was predisposed to do so. In Florida, entrapment is a well-known but often misunderstood defense to criminal charges. Entrapment functions as a “total defense,” so …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 5th District Court of Appeal ruled that a bag full of cocaine and marijuana found three feet away from both the defendant and another person could not be tied to the defendant in the absence of independent evidence that the drugs belonged to him. In Florida, possession of cocaine and other drugs is prosecuted very seriously. Possession of controlled …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal ruled that a defendant reaching towards an area of a vehicle where drugs were found and making statements such as “my life is over” provided sufficient proof to establish his guilt of constructively possessing cocaine. In Florida, alleged possession of contraband (e.g. drugs, paraphernalia, illegal guns) often results in criminal charges. Depending on the …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 2nd District Court of Appeal ruled a defendant could not be guilty of constructively possessing marijuana allegedly found inside his car studio, and apartment as a matter of law. In Florida, possession of a controlled substance and possession of drug paraphernalia are very serious charges. Possession of controlled substances is typically charged as a third-degree felony (up to 5 …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal found the State failed to prove as a matter of law that a baggie of cocaine found in a vehicle’s center console belonged to the defendant, who was driving a jointly occupied vehicle. In Florida, there are two types of possession of contraband (e.g. drugs, illegal guns) that can serve as the basis for …

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

Florida’s 2nd District Court of Appeal reversed the conviction of a driver accused of possessing drugs found in a caddy by his feet while driving in a jointly occupied vehicle. In Florida, there are two ways to prove that someone unlawfully possessed a particular item or set of items (e.g. illegal drugs, guns). The first of these is actual possession, …

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

Florida’s 4th District Court dismissed drug charges against a defendant after finding he was ‘objectively entrapped’ by a confidential informant. In Florida, entrapment is a well-known defense to various criminal charges. It occurs when a government agent uses impermissible methods to induce a defendant to commit a crime who would not have otherwise done so. This can be a law …

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

Florida’s 1st District Court of Appeal held that even though there were multiple other passengers in the vehicle, the substance was in plain view in an area over which the juvenile had exclusive control. In Florida, someone may be arrested and charged with possession of a controlled substance or drug paraphernalia even if this was not found in their actual …

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

Florida’s 6th District Court of Appeal recently held that a defendant’s conviction for drug trafficking could be upheld, as he was the only one in the vehicle when controlled substances were found inside. In Florida, constructive possession is a critical concept to understand. If someone is accused of possessing contraband (e.g. illegal drugs, guns), the State can prove that the …