Pumphrey Law Blog

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Tallahassee and North Florida’s top court ruled that a lack of drug residue on an item can defeat charges of drug paraphernalia possession under certain circumstances. In Florida, possession of drug paraphernalia is a very serious offense. Per Fla. Stat. 893.147, possession of paraphernalia is typically considered a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine). …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Tallahassee and North Florida’s highest court defines ‘custodial interrogation’ to clarify when law enforcement officers are required to read someone their Miranda rights. In Florida and throughout the United States, someone must be read their Miranda rights before they are subject to custodial interrogation. Pursuant to the Supreme Court’s landmark decision, Miranda v. Arizona, 384 U.S. 436 (1966), law enforcement …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A major Florida court decision reveals a potential inconsistency regarding what the content of a Miranda warning must be – depending on the language a suspect speaks. In Florida and throughout the U.S., someone must be notified of their Miranda rights before they are subject to custodial interrogation. Per the U.S. Supreme Court’s landmark decision, Miranda v. Arizona, 384 U.S. …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal had once expressed skepticism towards Florida’s current laws requiring only six jurors. But 16 years later, that skepticism seems to have evaporated. In Florida, a six-person jury is impaneled in the vast majority of criminal cases. Florida is the only state in the nation to routinely use juries of six members for all trials, …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A major Florida court ruled that a Miranda warning informing someone they have “the right to the presence of an attorney” – without additional information on when that right kicks in – is legally adequate.  In Florida and throughout the U.S., a suspect must be read their Miranda rights before they are subject to custodial interrogation. Per the U.S. Supreme …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A major ruling by Florida’s 1st District Court of Appeal clarifies the meaning of “deadly weapon” in the context of aggravated assault charges. In Florida, aggravated assault with a deadly weapon is a very serious crime. Under Fla. Stat. 784.021, the State must prove all of the following beyond a reasonable doubt for someone to be guilty: The defendant made …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In 2008, one major Florida court indicated its strong support for changing Florida’s jury laws requiring only 6 jurors, but could not due to Supreme Court precedent. In Florida, the vast majority of criminal trials occur with a six-person jury. Under state law, just six churros are required to hear all felony or misdemeanor cases – with the exception of …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A top Florida court recently ruled that even when a defendant’s pretrial motion to suppress their post-Miranda statements is denied, they must renew their objection to the admission of those statements at trial to preserve this issue for appeal. In Florida, someone must be informed of their Miranda rights (pursuant to Miranda v. Arizona, 384 U.S. 436 (1966)) before they …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

A major new Florida court ruling clarifies that even someone who was not in actual physical control of a vessel can be charged with vessel-related crimes, such as BUI and reckless boating. In Florida, vessel-related crimes are very serious. These range from careless or reckless operation of a vessel (generally considered misdemeanors), to BUI (boating under the influence). Depending on …