Pumphrey Law Blog

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

In a major case, Florida’s 1st District Court of Appeal held that “I don’t want to say nothing” was not an invocation of the right to remain silent. This article will explain why. In Florida, someone must be read their Miranda rights before they are subject to custodial interrogation. Those rights include: The right to remain silent The fact that …

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

Florida’s 1st District Court of Appeal, the highest court in Tallahassee and Northwest Florida, did not go so far as to reverse the “plain smell doctrine.” However, the court indicated it may do so in a future case. In Florida, the “plain smell doctrine” has recently been under fire. Following the legalization of hemp and medical marijuana, the odor traditionally …

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

Florida’s 1st District Court of Appeal, which covers Tallahassee and Northwest Florida, holds that criminal mischief is a specific intent crime. But what does that mean? In Florida, criminal mischief is a serious offense. Under Fla. Stat. 806.13, criminal mischief occurs when someone willfully and maliciously injures or damages property belonging to another person.  For someone to be guilty of …

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

In Florida and throughout the United States, the Sixth Amendment’s Confrontation Clause gives defendants in criminal cases the right to confront their accusers and challenge evidence against them. If someone’s confrontation rights are violated, this can be grounds for the reversal of a trial verdict, depending on what occurred. The view Florida’s courts currently have of the Confrontation Clause originates …

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

Vehicular homicide in Florida involves the killing of any human being, including an unborn child, caused by the reckless operation of a motor vehicle. It is a very serious felony. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious criminal offense. However, it is sometimes misunderstood by even those who are relatively well-acquainted with the state’s criminal laws. …

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

A major Florida court has reversed a defendant’s conviction for solicitation of a minor on the grounds that it violated his Fifth Amendment protection against double jeopardy. In Florida, someone may be charged with online solicitation of a minor (Fla. Stat. 847.0135(3)) and traveling to meet a minor for sexual activity (Fla. Stat. 847.0135(4)). Both of these offenses are part …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Oquendo v. State, the Florida Supreme Court ruled that PTSD and similar mental health evidence may be admissible to establish the reason for someone’s fear of violence that preceded their use of force.  For years, Florida’s District Courts of Appeal have been in conflict regarding a key aspect of the state’s Stand Your Ground law. Now, that conflict has …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A 2022 U.S. Supreme Court is having a subtle yet visible influence on how Florida’s courts are looking at Miranda rights. In Florida and throughout the United States, someone must be read their Miranda rights by law enforcement before they are subject to custodial interrogation. These include: The right to remain silent The fact that anything they say can and …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

After the U.S. Supreme Court’s Erlinger decision, how are Florida’s courts responding to a wave of legal challenges to state sentencing laws?  In the wake of the U.S. Supreme Court’s 2024 decision, Erlinger v. United States, 602 U.S. 821 (2024), courts throughout the nation have been faced with questions about how to apply it. The Supreme Court clarified in Erlinger …