Pumphrey Law Blog

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

What to Know About Florida’s Evolving Laws on Child Porn, Child Pornography, Child Sexual Abuse Material or “CSAM”, Deepfakes and More Florida’s Child Pornography Laws Florida’s child pornography laws are harsh and scary – even for the law-abiding citizen. You would expect someone who knowingly and intentionally possesses child pornography to know child pornography laws in Florida are harsh and …

June 27, 2024 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

What is Theft in Florida?  A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another person – with the intent to temporarily or permanently deprive that other person of the right or benefit of that property. Theft also occurs if a person appropriates property for personal use …

June 27, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

It’s big and nasty like a Fujita 5 Tornado – everyone gets sucked into the vortex of destruction in the form of the most serious possible charge.  The “Principal Statute,” Florida Statutes Section 777.011, pulls everyone (who aids, counsels, abets, hires, procures) in like a tornado and makes them as guilty as the person who pulled the trigger in a …

June 26, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

Entrapment is wrong. It’s a “hawk tuah” on democracy, and all over that thing called due process. However wrong entrapment may be, it is not necessarily intentional – or if intentional, can be the product of poor training or poor planning. Sometimes law enforcement – in trying to do the right thing – does so in the wrong way. Objective …

June 26, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges, Theft/Property Crimes, Violent Crimes Social Share

Before October 31, 1998, the Florida Criminal Punishment Code consisted of restrictions on the maximum and minimum penalties for felonies of various types in Florida. On that day, Florida’s Legislature changed the criminal punishment code to allow a judge in their discretion to give – without any reason either written or otherwise – the maximum penalty for each felony crime …

June 25, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

Your Miranda rights are your right to remain silent, and the right to an attorney. Remaining silent does not allow law enforcement officers – or anyone for that matter – to say you are lying, nor does it allow misinterpretation or misunderstanding. Anything, and I mean anything you say – to anybody – can and will be used against you …

June 24, 2024 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Prison releasee reoffender (PRR) in Florida is really bad for anyone who qualifies – in every sense of the word. In Florida, criminal penalties are enhanced when someone reoffends after having committed enumerated statutory violations (Florida Statutes Section 775.082 9(a)(1)) within three years of having been released from the Florida Department of Corrections or another facility covered under the statute. …

June 24, 2024 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

SR-22 or FR-44 insurance certifications are meant for high-risk drivers, and generally are filed to restore someone’s driving privileges in the event of a driving-related offense such as Driving Under the Influence (DUI). SR-22s and FR-44s prove to the Florida Department of Highway Safety and Motor Vehicles (DHSMV) that higher-risk drivers carry required liability coverage. SR-22s and FR-44s are insurance …

June 24, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

A brief investigative stop, or “Terry stop,” is a temporary detention of someone who is suspected to be or have been involved in criminal activity, for the purpose of investigating that suspected criminal activity. A brief investigative stop during which an officer searches the person who has been stopped is commonly referred to as a “stop and frisk.” Brief investigative …