Pumphrey Law Blog

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal ruled that a defendant reaching towards an area of a vehicle where drugs were found and making statements such as “my life is over” provided sufficient proof to establish his guilt of constructively possessing cocaine. In Florida, alleged possession of contraband (e.g. drugs, paraphernalia, illegal guns) often results in criminal charges. Depending on the …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s Supreme Court ruled that a discovery deposition did not satisfy a defendant’s right to confront his accuser in a sexual abuse case, but affirmed his conviction on the grounds that it was ‘harmless error.’ In Florida, hearsay is defined as an out of court statement offered in court for the purpose of proving the content of the statement (or …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

In a major case, Florida’s 4th District Court of Appeal reversed a defendant’s conviction because law enforcement told him he had the right to an attorney BEFORE he answered any questions – without clarifying this right also applied WHILE he was being interrogated. In Florida and throughout the U.S., Miranda rights are key constitutional protections for those who have been …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 2nd District Court of Appeal ruled a defendant could not be guilty of constructively possessing marijuana allegedly found inside his car studio, and apartment as a matter of law. In Florida, possession of a controlled substance and possession of drug paraphernalia are very serious charges. Possession of controlled substances is typically charged as a third-degree felony (up to 5 …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

a case of “mutual mistake,” Florida’s 1st District Court of Appeal held that a judge’s failure to issue an order allowing the admission of child hearsay required the guilty verdict against a defendant to be reversed. In Florida, hearsay is an out of court statement, document, or other record admitted into evidence to prove that its contents are true. Hearsay …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal found the State failed to prove as a matter of law that a baggie of cocaine found in a vehicle’s center console belonged to the defendant, who was driving a jointly occupied vehicle. In Florida, there are two types of possession of contraband (e.g. drugs, illegal guns) that can serve as the basis for …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that because a defendant failed to object to a judge’s “insufficient” child hearsay reliability findings at trial, he could not raise the issue on appeal. However, one judge dissented. In Florida, hearsay is an out of court statement offered in court for the purpose of proving that the statement is true. Hearsay can …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 4th District Court of Appeal reversed the conviction of a trolley bus driver who hit a pedestrian in a crosswalk after momentarily not paying attention. In Florida, vehicular homicide is a very serious felony offense. It is typically punishable by up to 15 years in prison and a $10,000 fine. Vehicular homicide is a first-degree felony if either (or …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal affirmed a guilty verdict returned against a defendant for attempted second-degree murder – but the court acknowledged it was a ‘close case.’ In Florida, attempted second-degree murder is a very serious offense. It is typically charged as a second-degree felony, but it carries even more serious potential penalties if a firearm is involved. For …