Pumphrey Law Blog

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 …

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

Florida’s 2nd District Court of Appeal reversed a defendant’s conviction for attempted sexual battery after he was ensnared in a “traveling to meet a minor” police sting. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) is often charged alongside two other charges that compose the “unholy trinity” – solicitation of a minor (Fla. Stat. 847.0135(3)) and unlawful use …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Violent Crimes Social Share

Under Florida law, all capital felonies require the impanelment of a 12-person jury. But a 1984 Florida Supreme Court ruling creates an exception to this rule that continues to be debated. In Florida, the vast majority of criminal cases are tried by juries composed of six members. In both felony and misdemeanor cases, Florida’s jury laws require just half a …