Pumphrey Law Blog

October 12, 2017 Don Pumphrey, Jr. Criminal Defense, Probation Violation, Sex Crimes Sex Crime, Sex Offender Social Share

What is the Florida Sex Offender Registry? The Florida Sex Offender Registry is compiled and managed by the Florida Department of Law Enforcement.[1] Individuals who have been convicted of certain crimes in Florida may be labeled a Sexual Offender,[2] or a Sexual Predator.[3] What is the difference between the designations? These two distinctions are very different, designation as a Sexual …

October 10, 2017 Don Pumphrey, Jr. College Student Disciplinary Hearing, Criminal Defense Fake ID Social Share

You may think being under 21 and having a fake ID is just a rite of passage; we all did it, right?  Wrong, in the State of Florida unauthorized possession of and other unlawful acts in relation to driver license or identification cards can be punishable under Sections 322.212 and 322.32, Florida Statutes. Fake IDs include any identification that has …

October 9, 2017 Don Pumphrey, Jr. Bench Warrants/Warrants, Criminal Defense, Probation Violation County Work Program, Diversion Program, Probation Community Service Social Share

A Guide to Diversion through Community Service/County Work Program So, you’ve been arrested for a charge that will qualify you for state attorney diversion work program/community service, and you’re wondering what happens next. Well, fortunately for you, Pumphrey Law is here to assist and hopefully the process outlined below will help you navigate the process for diversion in Leon County. …

September 15, 2017 Brent Marshall Criminal Defense 4th Amendment, iPhone Law, iPhone X Social Share

The FBI and Apple famously squared off when the FBI argued that the All Writs Act of 1789 entitled them to solicit Apple’s assistance in unlocking a potential terrorist’s iPhone.[1] The FBI knew they would be able to use a computer to guess the pin in about 26 minutes, but needed Apple to turn off the phone’s setting that only allowed …

September 5, 2017 Don Pumphrey, Jr. Seal or Expunge Criminal Record Social Share

Expungement, or Sealing of a record, is commonly musunderstood by unknowing students and parents, “the case was dropped, it’s off my/your/his/her record” The Myth of expungement in Florida revolves, in part, around programs like “diversion”, “Pre-Trial Intervention”, “my case was dropped” or “No Information” and any other term or coined phrase that indicates a favorable disposition of an arrest (including …

August 1, 2017 Don Pumphrey, Jr. Criminal Defense Bench Warrants, Capias, Warrants Social Share

How to withdraw a capias in Florida? This is not a question many people have to deal with on a daily basis unless you are a criminal defense attorney or someone in the criminal justice system.  In previous blog posts I have defined what a Capias actually is and what it is used for by the prosecutor and/or the judge here …

July 20, 2017 Brent Marshall Drone Law Drones Social Share

*Articles on this blog are not to be construed as legal advice, this warning is very predominantly displayed at the bottom of this page, but in this instance it is even more important. On the off chance that this article is ever copied without permission, please note that the law discussed is largely unsettled, the FAA is rewriting a requirement …

July 17, 2017 Don Pumphrey, Jr. Drunk Driving/DUI DUI, Intoxilyzer Social Share

What is an Intoxilyzer? The Intoxilyzer is a brand of evidential and preliminary breath alcohol measuring machines.  Currently, Florida uses the Intoxilyzer 8000 which is the replacement breath testing machine in Florida replacing the Intoxilyzer 5000.  The attorneys in our firm are put through rigorous training on the intoxilyzer (both the Intoxilyzer 5000 and the Intoxilyzer 8000) so we can …

July 11, 2017 Don Pumphrey, Jr. Criminal Defense Capias Social Share

What is a capias in Florida? A capias is a court order directing the arrest of a person/defendant.  In layman terms, a capias is a tool utilized by the court to have a person physically arrested, detained, and brought before the court.  If a court deems the issuance of a capias is needed, the court will direct the Clerk of …