Pumphrey Law Blog

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal rules that someone testifying to the value of property in a theft case must have “personal knowledge” of it, not simply agree with the State’s estimate. In Florida, the State must prove the value of allegedly stolen property beyond a reasonable doubt for a theft conviction. This blog will discuss a key new ruling …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 2nd District Court of Appeal rules that a confession to possessing drugs can lead to a conviction on a theory of constructive possession – even if no additional evidence besides the defendant’s proximity to the drugs is provided. In Florida, “constructive possession” is established when the State proves someone knew of an illegal item and had the ability to …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 5th District Court of Appeal rules that an explicit post-Miranda request for a lawyer, in certain contexts, does not always mean the police must immediately end questioning. In Florida, someone may (and should!) invoke their Miranda rights to remain silent and request an attorney if law enforcement reads them their rights.  Law enforcement in Florida must read Miranda before …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal shows friendliness to the idea of a twelve-person jury even in cases where death is not a possible penalty. If you’re facing criminal charges in Florida, you may assume a jury of twelve will decide your fate. But in most cases, that’s not true, and a recent major court ruling highlights why this issue …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal rules that simply “carrying” a deadly weapon is insufficient for someone to be found guilty of aggravated assault with that weapon. In Florida, aggravated assault is a very serious felony offense. A common form of aggravated assault is aggravated assault with a firearm or deadly weapon, without intent to kill the victim.  For someone …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal discusses when police conduct during interrogation crosses (and does not) cross the line into “undue coercion.” In Florida, someone subject to custodial interrogation must first be read their Miranda rights. But if someone waives their Miranda rights and agrees to speak with law enforcement, does this give officers the right to do whatever they …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s Supreme Court rules that a guilty verdict at trial can override trial court errors at a Stand Your Ground pretrial immunity hearing. In Florida, Stand Your Ground (Fla. Stat. 776.012, 776.013, 776.031, 776.032, 776.041) is a frequently discussed law. It permits someone to use or threaten to use force, including deadly force, if this is a reasonable and proportional …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

Florida’s 1st District Court of Appeal reiterates that when a suspect unequivocally invokes their right to attorney, police must end questioning unless the suspect voluntarily re-engages. Before someone is subject to custodial interrogation by law enforcement in Florida, they must first be read their Miranda rights. Police must notify someone after they are taken into custody but before interrogation commences …

October 9, 2025 Don Pumphrey, Jr. News & Announcements Social Share

A new Florida case discussing whether there is a constitutional right to a twelve-person jury in criminal cases may be heard by the U.S. Supreme Court. In Florida, twelve-person juries are not required in criminal cases. Since Williams v. Florida was decided by the U.S. Supreme Court in 1970, the state of Florida has relied upon six-person juries in all …