Pumphrey Law Blog

May 31, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. Though hearsay is generally inadmissible in court, hearsay “exceptions” exist under Florida law allowing for the use of nontestimonial hearsay statements at trial under certain circumstances – even if a declarant (speaker) is never cross-examined …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, non-English speaking defendants are sometimes arrested and charged with a crime. Often, these individuals will be subject to police interrogation as well as court proceedings that would typically occur in English.  But if someone does not speak English or speaks very little of it, are they entitled to an interpreter during any and all legal proceedings – from …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, burglary is considered a very serious felony offense. But a lesser-known offense than (and lesser-included offense of) burglary is possession of burglary tools – which is itself a very serious felony. This article will discuss the crime of possession of burglary tools, the elements the State must prove to establish someone’s guilt of this offense, and defenses. Possession …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, child hearsay statements about acts of physical and sexual abuse are sometimes considered admissible under Florida’s child hearsay exception (Fla. Stat. Section 90.803(23)) – even if that child has not been cross-examined by the defendant. Hearsay is an out of court statement offered in court for the purpose of proving the truth of the matter asserted in the …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, trespass in a conveyance is a very serious criminal offense. This article will discuss the offense of trespass in a conveyance under Florida law, define what constitutes a conveyance in Florida, and examine case law and defenses to the charge. Trespass in a conveyance in Florida is defined as willfully entering or remaining in a conveyance without authorization, …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, homes and vehicles are often the subject of police searches and seizures. But the legal standard officers must meet before searching an automobile for evidence relating to a criminal activity, differs from the standard that must be met to search a residence.  This article will discuss the laws police must abide by if seeking to search a home …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

If someone is arrested and charged with online solicitation of a minor in Florida under Fla. Stat. Section 847.0135(3), this is considered a very serious felony. It is punishable by up to 5 years in prison and a $5,000 fine.  But what if the alleged child victim is not a child at all – and the person solicited for sex …

May 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, some crimes are “enhanceable” offenses. Certain facts may allow the State to charge what would otherwise be a misdemeanor as a felony, or a felony as an even more serious felony.  One such fact that can lead to an enhanced charge, and an enhanced sentence, is the fact that an offender was a family member or custodian of …

May 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, current law dictates that a jury be impaneled in both felony and misdemeanor cases with only six jurors selected. Florida is one of only a few states that still relies upon six-person juries in all criminal cases, with the exception of capital felonies, which require twelve jurors to be seated.  But many jurists and attorneys – including justices …