Pumphrey Law Blog

July 1, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Criminal jury instructions are a set of directions read to the jury before their deliberations that outline the legal standards involved, how the jury should evaluate the evidence, and what behavior is expected from them.[1] Florida Rule of Criminal Procedure 3.390 sets forth the judge’s responsibility of directing the jury with instructions. The rule states that there must be written …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What is an Arrest Warrant? An arrest warrant is a document issued by the court that allows the police to take a criminal suspect into custody.[1] In order to issue an arrest warrant, probable cause must exist, meaning that a reasonable person would believe that the information presented indicates that criminal activities have occurred.[2] Arrest warrants fall under the Fourth …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense, Drug Charges, Drunk Driving/DUI Social Share

If you or a loved one has been charged with a crime, and you were intoxicated during the commission of the crime, then you may be able to assert an involuntary intoxication defense depending on the circumstances. If you believe that your arrest was a result of involuntary intoxication, it is important that you seek representation from an experienced criminal …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

“Innocent until proven guilty,” or the presumption of innocence, is a legal phrase deeply entrenched in popular culture. It can be heard on television and in movies during a legal drama, and in the news when a certain case captures national attention. However, not many people know the roots of the phrase or how it actually applies to criminal defendants …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Ambien is a sedative-hypnotic sleep medicine used by adults to treat insomnia. The Ambien defense is also known as the “sleep driving” defense. The Food and Drug Administration (FDA) defines sleep driving as “driving while not fully awake after ingestion of a sedative-hypnotic product, with no memory of the event.”[1] Zolpidem (sold under the brand names Ambien, Ambien CR, Edluar, …

July 1, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Most people are familiar with the general right to counsel. However, there are a lot of nuances and exceptions within this right that are incredibly important to know. The right to counsel is housed in two different constitutional amendments. The Fifth Amendment gives individuals the right to counsel during questioning. For more information on the Fifth Amendment, please visit our …

June 30, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

The Fifth Amendment of the United States Constitution ensures that “no person shall be compelled to be a witness against himself.”[1] This right to remain silent is extended to the state through the Fourteenth Amendment.[2] Almost everyone is familiar with Miranda rights in some form or another from popular criminal procedural television and movies. However, a lot more goes into …

June 30, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What is GERD? Gastroesophageal reflux disease (GERD) is a digestive disorder that affects the ring of muscle between your esophagus and stomach.[1] It occurs when stomach acid frequently flows back into your esophagus.[2] This backwash, or acid reflux, irritates the lining of the esophagus and causes gas and vapor from the stomach to travel through the esophagus and expel through …

June 29, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

The insanity defense is one of the most well-known defenses in pop culture. Famous insanity defense cases include the trial of notorious serial killer Jeffery Dahmer who pled not guilty by reason of insanity, Kenneth Bianchi, better known as serial killer “The Hillside Strangler” who feigned a mental illness in custody in the hopes of raising an insanity defense, and …