Pumphrey Law Blog

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 …

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

Reasonable articulable suspicion (RAS) is more than a mere suspicion or hunch. Whether reasonable articulable suspicion is developed, is based upon the mind of the officer at the time of the observations, information, encounter or investigation. The officer making the decisions and exercising lawful authority must do so just as any reasonable, prudent, cautious officer would in the same circumstances.  …

June 7, 2024 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

False Sex Allegations in Florida: Information to Help the Falsely Accused If someone is accused of rape or sexual assault in Florida, it can have life-altering consequences. This includes the emotional toll, incurring reputational damage, harsh and severe legal repercussions as well. Understanding potential avenues for recourse if accused is critical for anyone who is facing such a situation. Contact …

June 4, 2024 Don Pumphrey, Jr. Criminal Defense Social Share

In a crossing situation involving a stand-on vessel and a give-way vessel under Florida’s Inland Navigation Rules, the stand-on vessel has the right of way. Under federal boating regulations, when two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side (the give-way vessel) shall keep out of …