Pumphrey Law Blog

September 8, 2016 Don Pumphrey, Jr. Bench Warrants/Warrants, Domestic Violence Social Share

Limitations on the Community Caretaking Exception to the Warrant Requirement in Florida The Fourth Amendment provides: “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to …

August 26, 2016 Don Pumphrey, Jr. News & Announcements scholarship Social Share

Pumphrey Law is proud to offer a $1,500 scholarship to an accredited college or university. The scholarship is open to high school students accepted to college and current university students of all classifications. To qualify for the scholarship, the applicants must write an 800-1,000 word essay on the dangers of drunk driving and the impact it can have on a student and …

August 19, 2016 Don Pumphrey, Jr. Criminal Defense Social Share

Think of the children.  Incarceration affects children. Our decisions as human beings impact the ones we love, particularly our children. When someone is arrested, many people outside of that individual are affected, whether the arrest or incarceration occurs locally in Leon County, Tallahassee, Florida or Nationally. Regardless of the charge, whether it is for DUI, DUI Manslaughter, Domestic Violence, drug crimes, or any other …

August 15, 2016 Don Pumphrey, Jr. Criminal Defense Social Share

Often times you hear the phrase “lost in translation” in reference to misunderstanding in conversation.  From past experiences as an attorney, I’ve gained a different appreciation for things that get “lost in translation” in the courtroom. These moments wouldn’t have come to pass if I wasn’t a native Spanish speaker.  If I were any other attorney, one who didn’t grow …

August 12, 2016 Don Pumphrey, Jr. Bench Warrants/Warrants, Drunk Driving/DUI Social Share

The Impact of the Birchfield Decision on DUI Blood Draws in Florida A recent decision by the United States Supreme Court chips away at the so-called “DUI exception” to the Constitution. The case makes clear that law enforcement officers in Florida will not be able to take blood in a DUI related case without either a valid warrant or voluntary consent. The Search-Incident-to-Arrest Exception …

August 5, 2016 Don Pumphrey, Jr. Criminal Defense Social Share

If you are under investigation for committing a crime, it is important to seek out the services of a qualified criminal defense attorney before you make a statement or answer any questions. Both the United States Constitution and the Florida Constitution provide important protections against self-incrimination. The Florida Supreme Court recently decided on May 5, 2016, State v. Horwitz, SC15-348 (2016), …

July 26, 2016 Don Pumphrey, Jr. Theft/Property Crimes, Violent Crimes Social Share

Teen Nightclub Shooting Reignites Debate Over Gun Control in Florida In the wake of two children being killed and 19 others being wounded by gunshots early Monday morning at Club Blue nightclub in Ft. Myers, Florida, gun-control activists are seeking stricter gun laws to be put in place to prevent tragedies like this from reoccurring. Advocates of stricter gun control …

July 21, 2016 Don Pumphrey, Jr. Drunk Driving/DUI Social Share

An arrest for drunk driving or driving under the influence (DUI) can be a traumatizing experience. After a drink or two at the Florida State Seminoles’ game, the company end-of-year party, or another social gathering, it is possible to “feel fine” or “not feel drunk” and still be arrested for DUI. If you are arrested for DUI in Leon County, including Tallahassee, …

October 9, 2012 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI DUI Social Share

As I tell juries during jury selection, the arrest decision for Driving Under the Influence (DUI) is very unique.  It’s one of the few crimes where a citizen can be arrested and seized based solely on the opinion of a police officer.  A little-known fact is that the demand for a breath sample is not allowed by Florida law until …