Pumphrey Law Blog

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

Florida’s 1st District Court of Appeal ruled that a defendant’s waiver of his Miranda rights in Spanish, when his native language was Mayan Mam, was valid because he clearly was able to understand his rights. In Florida, Miranda rights are a key constitutional protection for individuals subject to custodial interrogation by law enforcement. Per the U.S. Supreme Court’s landmark Miranda …

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

Florida’s Supreme Court declined to reverse a defendant’s first-degree murder convictions on the grounds that during jury selection, a juror failed to disclose that he was the victim of a battery. In Florida, jury selection (also known as voir dire) is an essential part of criminal trials. As a jury can “make or break” a case, it is important to …

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

Florida’s 1st District Court of Appeal affirmed a defendant’s vehicular homicide conviction after he drove despite being drunk and a mortar firework exploding in his car, filling it with smoke. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious offense. Vehicular homicide is typically considered a second-degree felony, punishable by up to 15 years in state prison and …

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

Florida’s Supreme Court held that one of a defendant’s two denied “cause challenges” should have been granted by the trial judge – but that because the trial judge awarded the defendant an additional peremptory strike, his conviction and death sentence did not require reversal. In Florida, jury selection (also known as voir dire) is a critical aspect of any criminal …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s 1st District Court of Appeal affirmed the dismissal of charges against a defendant for grand theft, finding that he was entrapped as a matter of law because he simply ‘succumbed to temptation’ and was not predisposed to commit the underlying offense. In Florida, entrapment serves as a “total defense” to criminal charges. If someone successfully argues that they were …

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

Florida’s 1st District Court of Appeal affirmed a defendant’s conviction of possessing over 25 pounds of marijuana in a vehicle – finding “independent proof” that he knew of the marijuana and exercised dominion and control over it. In Florida, charges of possessing or trafficking in a controlled substance are extremely serious. A possession charge is typically a third-degree felony (punishable …

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

Florida’s 4th District Court of Appeal found a confidential informant’s conduct in attempting to get the defendant to purchase drugs – as well as law enforcement’s failure to supervise the CI – constituted entrapment as a matter of law. In Florida, entrapment is a well-known defense to criminal charges. Entrapment acts as a “total defense” – meaning that if a …

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

Florida’s 1st District Court of Appeal held that a man  who accidentally shot his girlfriend after a heated argument with her, was guilty of attempted second-degree murder – as he acted with a “depraved mind.” In Florida, second-degree murder and attempted second-degree murder are very serious offenses. For someone to be guilty of second-degree murder, the State must prove the …

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

Florida’s 1st District Court of Appeal ruled that a defendant’s statements to bystanders before he pulled a gun on a separate victim led to those bystanders developing a well-founded fear of violence when the defendant pulled out a gun – even though they were not his “targets.” In Florida, aggravated assault is a serious criminal offense (Fla. Stat. 784.021(1)(a) and …