Pumphrey Law Blog

Can Police Record a Suspect’s Conversation With a Confidential Informant in Florida

April 21, 2025 Criminal Defense

criminal investigation

In Florida, a confidential informant may cooperate with law enforcement to avoid arrest or prosecution for a crime, or mitigate punishment for a crime. Confidential informants sometimes complete “controlled buys” from drug suspects. These involve police sending an informant in to purchase drugs from a suspected dealer, and recording this interaction to use as evidence against the target suspect. Under …

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Possession of a Firearm By a Person Subject to Injunction in Florida

April 21, 2025 Criminal Defense, Violent Crimes

handcuffs

In Florida, an injunction is defined as a court order that tells one person to stay away from and not contact another person (the petitioner). A person may be subject to an injunction for various reasons. These include: Domestic violence Stalking  Cyberstalking Someone subject to a final injunction is prohibited from possessing a firearm or ammunition. This is not just …

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Defenses to Violating An Injunction For Protection in Florida

April 21, 2025 Criminal Defense, Domestic Violence

courtroom

If someone intentionally violates a valid injunction for domestic violence or stalking in Florida, this can be a very serious offense. An injunction is defined in Florida law as a court order that tells one person to stay away from and not contact another person (the petitioner). This blog will explain the law surrounding injunction violations, and potential defenses if …

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When Can A Judge Order An Injunction With Only One Party Present?

April 21, 2025 Criminal Defense

judge

In Florida, a judge will sometimes grant an injunction even when the respondent is not physically present. An injunction is defined as a court order that tells one person (respondent) to stay away from and not contact another person (petitioner).  But judges are limited by law as to when they can grant an “ex parte injunction.” This blog will discuss …

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Does the Identity of a Confidential Informant Have to Be Disclosed in Florida?

April 21, 2025 Criminal Defense

job application arrest question

In Florida, laws exist surrounding the disclosure of a confidential informant’s identity by prosecutors to the defense before a trial. While the State has the right to withhold the identifying information of informants for their safety in certain situations, this is subject to constitutional restrictions. This article will explain what the Florida legislature and courts have said about when prosecutors …

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What is Proximate Cause in Florida Criminal Law?

April 21, 2025 Criminal Defense

In both civil and criminal law, the concept of “proximate cause” is an important one. Proximate cause is typically defined as the underlying – or but-for – cause of a particular negative outcome. In other words, it is the act that is mostly or entirely responsible for what occurred.  Florida criminal law uses two “proximate cause” tests, depending on the …

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Sexual Battery By a Person in Familial or Custodial Authority in Florida

April 21, 2025 Criminal Defense, Sex Crimes

sexual cyberharassment

The crime of sexual battery by someone in familial or custodial authority is regulated under Florida Statutes Section 794.011(8)(b). If a family member or someone in custodial authority sexually batters a minor under the age of 12, this is a capital felony in Florida – punishable by the death penalty. If the minor is over the age of twelve, this …

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Is it A Crime to Have a Fake ID in Florida? What to Know

April 21, 2025 College, College Student Disciplinary Hearing, Criminal Defense

Fake ID

In high school and college, it is quite common for students to attempt to procure fake IDs. But possession of one of these is a crime – and could land someone in serious legal trouble. In fact, it is a felony to possess a fictitious or fraudulent identification in Florida. This article will discuss the law surrounding the sale, possession, …

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What is Severance in Florida?

April 1, 2025 Criminal Defense

judge

For defendants charged with an offense they are alleged to have committed jointly, Florida courts will often try the accused together. But under certain circumstances, someone can successfully file to sever the trial – in other words, to be separately from one or more co-defendants that they are currently set to be tried with. This article will explore when a …

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