Pumphrey Law Blog

May 18, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A federal gun purchase form may be amended by the Bureau of Alcohol, Tobacco, and Firearms (ATF) to reflect that medical marijuana users are no longer violating federal law when they buy a gun. In Florida, a common legal question is whether someone can permissibly purchase a firearm if they are a user of marijuana. Previously, the answer to this …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal reversed a defendant’s conviction for cocaine possession, finding that a prosecutor’s impermissible “bolstering” of a testifying police officer’s credibility during closing arguments may have led to the defendant being convicted. CASE: Williams v. State, 673 So.2d 974 (Fla. 1st DCA 1996) Charge(s): Possession of Cocaine Outcome: Conviction REVERSED, as the prosecutor improperly “bolstered” the …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal ruled that a defendant was not entitled to an entrapment jury instruction because there was no evidence that he was induced to commit the charged crime and he introduced no evidence of his lack of predisposition to do so. CASE: Davis v. State, 937 So.2d 300 (Fla. 4th DCA 2006) Charge(s): Sale of Cocaine …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal ruled that the jury had a sufficient evidentiary basis to find that the defendant was not subjectively entrapped in a heroin sale sting – despite the defendant’s “reasonable” argument that he was entitled to dismissal of the charge due to entrapment. CASE: Hall v. State, 326 So.3d 1188 (Fla. 1st DCA 2021) Charge(s): Sale …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal ruled that because the trial judge failed to evaluate the “genuineness” of the State’s reason for exercising a peremptory strike on a Black female juror was grounds to reverse the defendant’s convictions and remand the matter for a new trial. CASE: Simmons v. State, 940 So.2d 580 (Fla. 1st DCA 2006) Charge(s): Sale of …

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 …