Pumphrey Law Blog

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal ruled that a defendant arrested for attempted lewd battery after appearing on “To Catch A Predator” was not objectively entrapped by law enforcement. In Florida, attempted lewd or lascivious battery (Fla. Stat. 800.04(4) and Fla. Stat. 777.04) is a serious felony offense. For someone to be guilty, the State must establish all of the …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal ruled that a defendant who expressed his ‘intent’ or ‘desire’ to perform an unlawful sex act on a minor, did not solicit him as a matter of law. In Florida, solicitation of a minor (Fla. Stat. 847.0135(3)) is a very serious offense. For someone to be guilty, the State must prove all of the …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal reversed a trial judge who dismissed a case against a defendant on entrapment grounds – allowing the prosecution to go forward. Here’s why. In Florida, entrapment is a total defense to allegedly criminal activity. Entrapment occurs when the government induces someone to commit an offense in a manner that does not comply with state …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal reversed a defendant’s conviction for cocaine-related offenses, finding that a potential juror who was close friends with prosecutors and expressed reservations about his impartiality should have been excused for cause. In Florida, jury selection (also known as voir dire) is a key aspect of criminal trials. During jury selection, each party to the case …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal ruled that a defendant’s conviction required reversal after he was convicted of second-degree murder for stabbing a man in the chest after realizing he had sexually assaulted the defendant’s wife. In Florida, second-degree murder and attempted second-degree murder are extremely serious offenses. Second-degree murder is typically considered a first-degree felony, punishable by up to …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal ruled that the presence of a defendant’s fingerprint on a potato chip can in which a marijuana plant was growing was insufficient to establish that the defendant constructively possessed the marijuana. In Florida, possession of a controlled substance (such as cocaine or marijauna) is a very serious offense. This is typically considered at least …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 4th District Court of Appeal reversed a defendant’s conviction after he was questioned about an alleged burglary by police even after saying he “didn’t want to talk about it” – and his resulting confession was used against him at his trial. In Florida and throughout the United States, Miranda rights are a key constitutional protection suspects have before they …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal ruled that a man who drove thirty miles an hour over the speed limit, attempted to weave through crowded traffic and drifted into bike lanes, was guilty of vehicular homicide. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious criminal offense. Vehicular homicide is typically considered a second-degree felony, punishable by up …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal reversed an adjudication of guilt for aggravated assault allegedly committed by a juvenile defendant – as there was dispute as to whether the ‘shotgun’ he used to commit the alleged assault was real, or a toy. In Florida, aggravated assault with a deadly weapon (Fla. Stat. 784.021(1)(a)) is a very serious offense. It is …