Pumphrey Law Blog

June 17, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, prior consistent hearsay statements are generally inadmissible on the grounds that these may bolster a witness’s testimony. If someone testifies to a particular set of events and previously recounted these events in a similar fashion to law enforcement or another source, these out of court statements generally cannot be used against a defendant. However, there are exceptions to …

June 17, 2025 Don Pumphrey, Jr. Civil Asset Forfeiture, Criminal Defense Social Share

In Florida, civil asset forfeiture allows law enforcement to seize someone’s assets – including cash – if they develop probable cause to believe the property was used or “reasonably linked” to criminal activity. In fact, the Florida Contraband Forfeiture Act (FCFA) explicitly authorizes law enforcement agencies throughout the state to do so. But after police in Florida seize someone’s cash, …

June 17, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, grand theft of a firearm is considered a very serious felony offense. It is regulated by Fla. Stat. Section 812.014(2)(c)(5). This article will discuss the crime of grand theft of a firearm in Florida, its elements, and potential defenses to this charge. For someone to be found guilty of grand theft of a firearm in Florida, the State …

June 17, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, particularly in cases involving an attempted crime, the abandonment defense can sometimes be relied upon. The abandonment defense allows someone accused of attempting a crime to argue that they voluntarily abandoned their criminal intent before completing the crime, thereby negating their culpability for the offense. This blog will discuss the abandonment defense in Florida under Fla. Stat. Section …

June 17, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

If someone fires a gun into the air in Florida, various criminal charges may be brought. Due to the potential for the projectile to injure or kill individuals on the ground, someone may face charges ranging from reckless discharge of a firearm to attempted second-degree murder. But given a lack of specific intent to kill another person, can someone really …

June 17, 2025 Don Pumphrey, Jr. Civil Asset Forfeiture, Criminal Defense Social Share

In Florida, civil asset forfeiture in response to allegations of criminal activity can be very serious. In response to developing probable cause that assets were used in the commission or furtherance of a criminal offense, law enforcement may sometimes seize those assets pursuant to the Florida Contraband and Forfeiture Act (FCFA). Assets that are typically seized by law enforcement as …

June 10, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, someone’s waiver of their Miranda rights must be knowing, intelligent, and voluntary. A suspect’s Miranda rights include the right to remain silent, the right to an attorney, and a notification of the fact that anything they say can and will be used against them in a court of law.  But what happens when someone invokes their Miranda rights …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vessel homicide is a very serious felony offense. Unlike many other forms of homicide, vessel homicide does not require the person charged with the homicide to have intended for the victim to die. If someone operates a vessel (boat) recklessly and their actions are the proximate cause of another’s death, they may be convicted of vessel homicide. This …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A major Florida court recently answered a common question – can a K-9 (police dog) sniff of a vehicle that alerts an investigating officer to the potential presence of drugs serve as probable cause for a search? The Fifth District Court of Appeal says no. This article will discuss the Fifth DCA’s Ford v. State ruling and what it means …