Pumphrey Law Blog

April 21, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

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 …

April 21, 2025 Don Pumphrey, Jr. College, College Student Disciplinary Hearing, Criminal Defense Social Share

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, …

April 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

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 …

April 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

If someone is arrested and interrogated by law enforcement, they may make statements about the existence and location of evidence that can be used against them in court. This can be especially harmful to their defense if the evidence in question, such as a weapon, is discovered by police as a result of that statement.  Even if someone does not …

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

Imagine a suspect is arrested by law enforcement. They are told of their right to remain silent. However, the arresting officers omit that the suspect has the right to have an attorney during questioning. When officers begin the interrogation, the suspect initially remains quiet, but finally confesses. That confession is inadmissible in court. This blog will explore when someone has …

March 31, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, like the rest of the United States, there is a cherished tradition of free speech and expression. But this right is not unlimited. Florida’s legislature has made clear that when someone threatens a mass shooting – including a school shooting – this is not protected by the First Amendment. In fact, it is a felony. Florida Statutes Section …

August 30, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges, News & Announcements Social Share

Is “Plain Smell” of Marijuana Probable Cause in Florida? A Major New Court Ruling Says No **UPDATED October 3, 2025** Citing the legalization of hemp and medical marijuana, a Florida appeals court has ruled that the smell of cannabis alone does not establish probable cause for a search, effectively ending the state’s “plain smell” doctrine. This decision requires police to …

June 29, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, misdemeanors are criminal offenses that are less severe than felonies in terms of potential penalties faced. They can be broken down into two categories: first- and second-degree misdemeanors. This page will explore the types of misdemeanors in Florida and their penalties. Under Florida Statutes Section 775.15, prosecution for a first-degree misdemeanor must occur within 2 years from the …

June 29, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s Laws on Attempt, Solicitation, and Conspiracy In Florida, the offenses of attempt, solicitation, and conspiracy – sometimes referred to as “inchoate offenses” are charged under Florida Statutes Section 777.04. It reads, in part: Attempt: A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but …