Pumphrey Law Blog

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal held that a soccer coach accused of sexual battery and lewd or lascivious molestation on a child was in a ‘position of familial or custodial authority’ for purposes of enhancing his prison sentence. In Florida, someone being in a position of familial or custodial authority to a victim can lead to a significantly lengthier …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 3rd District Court of Appeal ruled that a judge’s failure to excuse “for cause” two jurors who indicated they were biased against the defendant – resulting in the seating of an “undesirable” juror – required reversal of the defendant’s convictions. In Florida, jury selection (also known as voir dire) is a critical part of any criminal trial. Jury selection …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal reversed a trial judge’s withhold of adjudication for a defendant who entered an open plea to traveling to meet a minor, among other charges. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) is a very serious second-degree felony. For someone to be proven guilty, the State must establish all of the following …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal vacated one of a defendant’s two convictions for online solicitation of a person believed to be a minor on double jeopardy grounds. In Florida, online solicitation of a minor (Fla. Stat 847.0135(3)) and traveling to meet a minor for the purpose of unlawful sexual activity (Fla. Stat. 847.0135(4)) are serious felonies. Solicitation is considered …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of appeal reversed a defendant’s sentence to the statutory maximum because the trial judge appeared to take into consideration the fact that the defendant was not American. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) and solicitation of a minor online (Fla. Stat. 847.0135(3)) are very serious offenses. Someone may be charged with either …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal held that just because an undercover officer lied about their age in a traveling to meet a minor police sting, this did not mean the defendant was entrapped. In Florida, entrapment is a well-known but frequently misunderstood defense. Entrapment occurs when government agents (e.g. police) impermissibly induce a defendant to commit a crime that …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal ruled that because the trial judge failed to make specific findings on the record as to why the victim’s CPT interview was ‘reliable’ and ‘trustworthy’, its admission at trial was grounds for reversing the defendant’s conviction. In Florida, hearsay is defined as an out of court statement offered in court for the truth of …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal held in a landmark decision that a defendant with no criminal record who was sent child pornography by law enforcement was both subjectively and objectively entrapped, requiring his conviction to be reversed. In Florida, entrapment is a total defense to criminal charges stemming from police activity that allegedly induced a defendant to act unlawfully, …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal affirmed a defendant’s conviction for various sex offenses, finding that he was entitled only to a jury of 6 members under state law – not 12. In Florida, many may believe that they are entitled to a jury of 12 members in a criminal case. But this is incorrect, as the vast majority of …