Pumphrey Law Blog

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 …

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

Florida’s 5th District Court of Appeal held that a defendant’s protection against double jeopardy was not violated by dual convictions for traveling to meet a minor and solicitation of a minor. Here’s why. 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 …

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

In a rare challenge to the constitutionality of Florida’s law against solicitation of a minor and traveling to meet a minor, Florida’s 5th District Court of Appeal affirmed the statute as being compliant with the First Amendment. In Florida and throughout the U.S., the First Amendment of the U.S. Constitution is a critical legal protection. The First Amendment ensures that …

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 …