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Pumphrey Law Blog
Major Florida Court Rules Defendants Must Renew Pretrial Objections to Admission of Post-Miranda Statements At Trial
October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share
A top Florida court recently ruled that even when a defendant’s pretrial motion to suppress their post-Miranda statements is denied, they must renew their objection to the admission of those statements at trial to preserve this issue for appeal. In Florida, someone must be informed of their Miranda rights (pursuant to Miranda v. Arizona, 384 U.S. 436 (1966)) before they …
Read MoreFlorida Court Issues Major Ruling On What It Means To “Operate” Vessel
October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share
A major new Florida court ruling clarifies that even someone who was not in actual physical control of a vessel can be charged with vessel-related crimes, such as BUI and reckless boating. In Florida, vessel-related crimes are very serious. These range from careless or reckless operation of a vessel (generally considered misdemeanors), to BUI (boating under the influence). Depending on …
Read MoreMajor Florida Court Reinstates DUI Charges, Clarifies Reasonable Suspicion Under Totality of the Circumstances
October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share
A major new Florida court ruling reinstated a defendant’s DUI charges, finding that reasonable suspicion for DUI must be evaluated based on the “totality of the circumstances.” In Florida, police officers must develop reasonable suspicion that a driver is committing, has committed or is about to commit a crime to detain them by stopping their vehicle. This may include suspicion …
Read MoreFlorida Supreme Court Creates New Standard for Double Jeopardy in Traveling and Solicitation Cases
October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share
A major Florida Supreme Court decision established a new legal standard for evaluating if a defendant’s double jeopardy protections were violated in traveling to meet a minor and solicitation of a minor case. In Florida, solicitation of a minor (Fla. Stat. 847.0135(3)), traveling to meet a minor (Fla. Stat. 847.0135(4)), and unlawful use of a two-way communications device (Fla. Stat. …
Read MoreMajor Florida Court Reverses Juvenile Conviction Due to Miranda Rights Violation
October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Juvenile Offenses Social Share
A top Florida court reversed a juvenile’s conviction for attempted armed robbery after finding his Miranda rights were violated by law enforcement. In Florida, suspects of all ages must be notified of their Miranda rights before they are subject to custodial interrogation. Miranda rights are named for Miranda v. Arizona, 384 U.S. 436 (1966), a landmark U.S. Supreme Court case …
Read MoreJudge On North Florida’s Highest Court Writes In Support of Twelve-Person Jury
October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share
A judge who served on Florida’s 1st District Court of Appeal indicated his strong support for twelve-person juries in criminal cases in a major concurring opinion. In Florida, unlike most other U.S. states, a six-person jury is seated in the vast majority of criminal trials. The sole exception to this is capital felonies (punishable by death), which require a twelve-person …
Read MoreHow Inadequate Miranda Warnings Led to a Florida Murder Conviction Being Reversed
October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share
A major Florida court reversed a murder conviction because the Miranda warnings that the defendant received were “constitutionally inadequate.” This blog will discuss why. In Florida, a suspect in a criminal case must be read their Miranda rights before they are subject to custodial interrogation. These include: The right to remain silent The fact that anything can and will be …
Read MoreMajor Florida Court Reverses Sexual Battery Conviction Over Biased Juror
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 …
Read MoreMajor Florida Court: “I Think I Should Have a Lawyer” Did Not Require Police to End Questioning
October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share
A top Florida court ruled that a suspect saying “I think I should have a lawyer” is not an “unequivocal” invocation of their right to counsel under Miranda v. Arizona. Here’s why. In Florida, someone must be read their Miranda rights by law enforcement before they are subject to custodial interrogation. According to the U.S. Supreme Court’s Miranda v. Arizona, …
Read MoreDon Pumphrey, Jr.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
