Pumphrey Law Blog

September 5, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

The abandonment doctrine allows law enforcement to test for someone’s DNA in an effort to match them to biological material found at a particular scene even without a warrant or consent. But when does this doctrine actually apply in Florida? The answer is – police may gather and test “abandoned” DNA if it is left behind in a place or …

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s Stand Your Ground law is one of the state’s most widely-known statutes. Under Fla. Stat. 776.012 and 776.032, someone may use or threaten to use force (including deadly force) if it is a reasonable and proportional response to defend themselves, others, or prevent commission of a forcible felony (e.g. aggravated battery, sexual battery, robbery). But there is a fascinating …

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s Stand Your Ground law is one of the state’s most widely debated pieces of legislation. But it is also one of the most poorly understood. This article will address some of the most common myths about Florida’s Stand Your Ground law (Fla. Stat. 776.012 and 776.032) and explain what the law actually says.  The first myth about Florida’s Stand …

September 5, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, DNA evidence is often used as proof that someone is guilty of a criminal offense. Many may be inclined to believe that if a DNA “match” to a defendant occurs, this equates to someone having committed the charged crime. But often, this is not true. In many Florida criminal cases where DNA evidence is used to demonstrate someone’s …

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In traveling to meet a minor cases that stem from law enforcement stings, a frequently asked question is – when can the police legally search my phone if I am arrested? The answer largely depends on the facts of the case and whether or not someone consents to law enforcement going through their phone. This blog will explore when law …

September 5, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Imagine a defendant is on trial in Florida. No evidence connects him to the scene of a crime. No eyewitnesses, camera footage, or anything of the sort can definitively identify him. However, the State produces evidence that the defendant’s DNA was found at the scene. Based on the DNA alone, a jury convicts him. Can this happen in Florida? The …

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, theft (Fla. Stat. 812.012) occurs when someone knowingly obtains, uses, or endeavors to obtain or use the property of another. This is done with the intent to deprive the rightful owner of the property, or misappropriate the property for the defendant’s use or the use of another party not entitled to it. A common question asked in these …

September 5, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, law enforcement may wish to obtain a DNA sample from a suspect in connection to an ongoing investigation. Someone may decline providing that sample unless a warrant requires it to be provided (e.g. a saliva swab), or exigent circumstances permit officers to gather it without a warrant first being issued. Maryland v. King, 569 U.S. 435 (2013) In …

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

In Florida, statistical evidence is often introduced in cases involving the presence of DNA. Typically, this comes in the form of DNA “matching,” which is often used to argue to a jury that the defendant’s DNA would not be in a particular place if they were not guilty of the charge they were accused of. Examples of the use of …