Pumphrey Law Blog

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal ruled that a defendant charged with unlawfully selling hydrocodone was objectively entrapped by law enforcement, requiring reversal of her conviction. In Florida, entrapment serves as a total defense to criminal charges. Entrapment occurs when law enforcement impermissibly induces someone to commit a crime that would not have otherwise occurred but for the police intervention. …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal reversed a trial judge who dismissed a case against a defendant on entrapment grounds – allowing the prosecution to go forward. Here’s why. In Florida, entrapment is a total defense to allegedly criminal activity. Entrapment occurs when the government induces someone to commit an offense in a manner that does not comply with state …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal reversed a defendant’s conviction for cocaine-related offenses, finding that a potential juror who was close friends with prosecutors and expressed reservations about his impartiality should have been excused for cause. In Florida, jury selection (also known as voir dire) is a key aspect of criminal trials. During jury selection, each party to the case …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal ruled that the presence of a defendant’s fingerprint on a potato chip can in which a marijuana plant was growing was insufficient to establish that the defendant constructively possessed the marijuana. In Florida, possession of a controlled substance (such as cocaine or marijauna) is a very serious offense. This is typically considered at least …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal affirmed a defendant’s conviction of possessing over 25 pounds of marijuana in a vehicle – finding “independent proof” that he knew of the marijuana and exercised dominion and control over it. In Florida, charges of possessing or trafficking in a controlled substance are extremely serious. A possession charge is typically a third-degree felony (punishable …

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 …