Pumphrey Law Blog

What is a Capias Warrant in Florida?

July 11, 2017 Criminal Defense Capias

What is a Capias Warrant in Florida?

What is a capias in Florida? A capias is a court order directing the arrest of a person/defendant.  In layman terms, a capias is a tool utilized by the court to have a person physically arrested, detained and brought before the court.  If a court deems the issuance of a capias is needed, the court will direct the Clerk of …

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Probation Violation(s) Must Be Willful and Substantial!

July 6, 2017 Probation Violation

Probation Violation(s) Must Be Willful and Substantial!

A VOP (Violation of Probation) MUST be Willful Almost daily at the Pumphrey Law Firm, we receive inquiries about probation violations for both County Probation and for State Probation (State Probation is run by the Florida Department of Corrections).  Although the probation officer whether, State or County, alleges a violation of probation that does not mean that an actual violation occurs.  Many …

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Cake Bakers and Sexual Predators

June 28, 2017 Criminal Defense

Cake Bakers and Sexual Predators

Cake Bakers and Sexual Predators: Which Forms of Speech are Protected Under the First Amendment and How This May Shape Criminal Defense in the Future The news has been inundated with stories on the now-famous Colorado cake baker who refused to bake a cake for a same-sex couple, and the subsequent legal battle that resulted.[1] A less reported on, but nevertheless …

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CS/SB 494 – Compensation of Victims of Wrongful Incarceration

May 11, 2017 Criminal Defense Clean Hands Provision

CS/SB 494 – Compensation of Victims of Wrongful Incarceration

Finally Getting Rid of Clean Hands? What happens when a prisoner is wrongfully accused of a crime? We can hardly deny that prison, for any length of time, can be a completely life changing experience. Especially if the wrongfully accused crime was something heinous such as sexual assault, homicide, or serious drug offenses. So what has the Florida government done to …

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Florida Criminal Hazing Accusations

April 25, 2017 College Student Disciplinary Hearing College Hazing

Florida Criminal Hazing Accusations

Hazing under Fla. Stat. § 1006.63 At many colleges, universities, and post-secondary institutions, hazing is a rite of passage that allows one to cross over into membership in the “Greek” community.  “Greek” refers to the various fraternities and sororities designated by Greek letters that promote camaraderie and philanthropic activity among students and alumni.  Although hazing may be a tradition for …

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The Role of Anticipation in the Courtroom

April 6, 2017 Criminal Defense

The Role of Anticipation in the Courtroom

If you could somehow read the mind of opposing counsel and anticipate their every argument, would you? On some level, you may be privy to the opposition’s case through their brief and/or disclosure of evidence, but being able to predict what they will say is impossible, or is it? In sport, an athlete’s ability to predict their opponent’s next move …

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What to do If You Get Pulled Over?

March 30, 2017 Criminal Defense, Florida Panhandle Arrests

What to do If You Get Pulled Over?

I’m getting pulled over! Oh Crap! There are blue lights flashing behind you indicating that you need to pull over.  What should you do?  The blue flashing lights are directed at you.  What do you do if you get pulled over by the police? Be calm. Stay in your vehicle.  Above all else, be calm. You should notify someone that you are being pulled …

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The Gang Members Protection Act?

March 27, 2017 Violent Crimes

“Gang Members Protection Act,” as dubbed by State Attorney Aronberg of West Palm Beach, is just another term used for something that places the burden of proof in stand your ground cases squarely on the shoulder of the prosecutors. “Prosecutors never like having the burden shifted to them–it creates more work,” stated Tallahassee Criminal Defense Attorney Don Pumphrey, Jr.”It creates …

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So You Need a Tallahassee Criminal Defense Attorney?

March 27, 2017 Criminal Defense

“Criminal Defense Attorney” or “Attorney” are not common search terms here in Tallahassee; our State capital.  Unfortunately, “Tallahassee Criminal Defense Attorney” is the most searched term, let’s face it. The reason is quite simple.  Tallahassee or Leon County ranks at the top of crime rate as reported by The Tallahassee Democrat. According to the Tallahassee Democrat, “[the number of reported crimes …

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Dismissal(Nolle Pros): What does Nolle Prosequi Mean, in Florida?

March 23, 2017 Criminal Defense

In Florida, dismissal cases, no information separated from the almighty nolle prosequi.  The majority of the defendants in any given Florida courtroom could not tell you the meaning of the term nolle prosequi. Nolle Prosequi, in legal terms, means”[a]t common law the State has the discretion to announce a nolle prosequi any time prior to the swearing of the jury …

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