Pumphrey Law Blog

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

Tallahassee and North Florida’s highest court ruled that capital sexual battery defendants are not entitled to 12-person juries. But one judge on the court did not agree. In Florida, criminal defendants in the vast majority of cases have a right to a jury of just six members, not twelve. This rule applies in all felony and misdemeanor cases, with the …

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

A top Florida court recently affirmed a conviction for sexual battery despite the fact that the jury appeared biased against him from the start. Here’s why. In Florida, jury selection is a key part of a criminal trial. Though this process (called voir dire) is often overlooked or poorly understood by those who are not acquainted with the justice system, …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A major Florida court ruled that a defendant telling a minor he “wanted to” commit an illegal sex act upon her did not constitute criminal solicitation as a matter of law.  In Florida, sexual solicitation of a minor is a very serious offense. There are two types of unlawful sexual solicitations of minors under Florida law – online solicitation of …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, one of the most serious sentencing enhancements for sex offenses is the finding that the defendant was in a position of “familial or custodial authority” to the victim. This is quite common when the accused adult lives with the alleged victim, is blood related to the alleged victim, or were acting in a supervisory role at the time …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, jury selection is a crucial part of criminal trials. This process, known as voir dire, can have a significant influence on the outcome of a case. That’s because during voir dire, attorneys can draw out answers from potential jurors identifying the biases they hold – which may impact their ability to render a fair (impartial) verdict based on …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, jury selection is a critical part of any criminal case. This occurs during a process called voir dire, in which attorneys for both sides (prosecution and defense) participate. During voir dire (French for “to speak truth”), jurors are asked questions that may be relevant to their ability to be an impartial (fair) fact-finder in the case. This is …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Violent Crimes Social Share

In Florida, only six people (not twelve) are required for the impanelment of a jury in most criminal cases. This has been state law for decades, and it was upheld in the U.S. Supreme Court’s 1970 decision, Williams v. Florida, 399 U.S. 78 (1970). The exception to this is in capital cases. If someone is charged with a capital felony …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A decision from a major Florida court reverses a trial judge’s finding of entrapment in a traveling to meet a minor case. The court ruled it was an issue for the jury to decide. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) is a very serious offense. It is a second-degree felony, punishable by up to 15 years …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In DeMare v. State, Florida’s 2nd District Court of Appeal discussed the defense of entrapment in traveling to meet a minor cases stemming from police sting operations. If someone is charged with traveling to meet a minor and online solicitation of a minor in Florida (Fla. Stat. 847.0135), there are various defenses that may be pursued. One of these is …