Pumphrey Law Blog

June 20, 2025 Don Pumphrey, Jr. Civil Asset Forfeiture, Criminal Defense Social Share

In Florida, civil asset forfeiture may occur if law enforcement develops probable cause that someone’s property was an “instrumentality” of or otherwise used in criminal activity. The Florida Contraband Forfeiture Act (FCFA) is a major law that outlines the procedures police and courts must follow when someone’s property is seized as part of a civil forfeiture proceeding. This article will …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida and all 50 U.S. states, a defendant has a right to confront witnesses against them at trial. Under the U.S. Constitution’s Confrontation Clause found in the Sixth Amendment, anyone accused of a criminal offense has the right to cross-examine witnesses offering testimony against them. However, hearsay is sometimes admissible in court, adding a significant wrinkle to this otherwise …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida criminal trials, cross-examination (confrontation) of a witness against a defendant is a critical part of ensuring someone receives due process. While confrontation typically occurs in person, however, this is not an absolute requirement. This article will discuss the Sixth Amendment’s Confrontation Clause, how it applies in Florida, and the circumstances under which face-to-face cross-examination is not required. Under …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, lab reports and other forensic evidence are often admitted by the State at trial against a defendant. These documents may serve various functions, such as: Matching DNA of someone alleged to be at a crime scene to a particular individual Testing drugs allegedly seized by police to ensure these are controlled substances Providing details regarding blood, semen, or …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida criminal trials, a defendant has the right to cross-examine any witness called against them in accordance with the Sixth Amendment’s Confrontation Clause. However, a witness may sometimes be unavailable to testify at trial.  Two common questions are often raised in the context witness unavailability, both of which this article will address: When is a witness considered unavailable under …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, Level Two wildlife violations are regulated by Fla. Stat. Section 379.401(2)(a). If someone commits such an offense, they may face not just fines or a citation – but potential criminal penalties including jail time. This article will discuss Level Two wildlife violations in Florida, including example cases, potential penalties, and defenses. Fla. Stat. Section 379.401 covers penalties for …

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, statutes and ordinances are presumed constitutional. But under limited circumstances, laws in the state have been successfully challenged on the basis that they are unconstitutionally vague. This is because laws must be written clearly enough for ordinary people to understand which conduct is prohibited by the statute, and police must have clear standards for enforcement of laws. This …

June 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In some cases, a child may testify at a criminal trial regarding an abuse allegation. However, the child may change the content of – or entirely repudiate – their hearsay (out of court) statements alleging the physical or sexual child abuse that led to the arrest of a defendant.  If child hearsay statements alleging the charged crimes are introduced in …

June 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Social Media Social Share

In Florida and all 50 U.S. states, someone arrested and charged with a crime has a constitutional protection against double jeopardy. Double jeopardy occurs when someone is either put on trial again despite being acquitted, or is charged with multiple crimes stemming from the same course of conduct, the elements of which entirely overlap. Blockburger v. United States, 284 U.S. …