Pumphrey Law Blog

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that because law enforcement misled a defendant as to when he had the right to an attorney, his post-Miranda confession at trial was wrongly used against him, requiring reversal of his conviction. In Florida and throughout the U.S., a suspect must be notified of their Miranda rights before they are subject to custodial …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 4th District Court of Appeal reversed a defendant’s conviction because prosecutors improperly introduced evidence that he initially refused to give law enforcement his cell phone passcode.  In Florida, someone may face charges of traveling to meet a minor (Fla. Stat. 847.0135(4)), solicitation of a minor (Fla. Stat. 847.0135(3)), and unlawful use of a two-way communications device (Fla. Stat. 934.215). …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal upheld the admission of a Child Protection Team (CPT) forensic interview with a child in a sexual battery case, finding the trial judge did not abuse his discretion in allowing this to be introduced. In Florida, hearsay is defined as an out of court statement offered in court for the truth of the matter …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 6th District Court of Appeal recently held that a defendant’s conviction for drug trafficking could be upheld, as he was the only one in the vehicle when controlled substances were found inside. In Florida, constructive possession is a critical concept to understand. If someone is accused of possessing contraband (e.g. illegal drugs, guns), the State can prove that the …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal held in a landmark decision that a defendant with no criminal record who was sent child pornography by law enforcement was both subjectively and objectively entrapped, requiring his conviction to be reversed. In Florida, entrapment is a total defense to criminal charges stemming from police activity that allegedly induced a defendant to act unlawfully, …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that a defendant did not recklessly drive, despite speeding by approximately 20 miles an hour and giving an officer the middle finger when the officer attempted to pull him over. In Florida, reckless driving is a serious offense. Per Fla. Stat. 316.192, reckless driving involves the operation of a vehicle that shows “willful …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal affirmed a defendant’s conviction for various sex offenses, finding that he was entitled only to a jury of 6 members under state law – not 12. In Florida, many may believe that they are entitled to a jury of 12 members in a criminal case. But this is incorrect, as the vast majority of …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Juvenile Offenses Social Share

Florida’s 1st District of Appeal ruled that even though a juvenile drove a vehicle after he had been drinking, exceeded the speed limit, and swerved off the road, he could not be found guilty of vehicular homicide. In Florida, vehicular homicide is a very serious offense. For someone to be found guilty, the State must prove the following beyond a …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 3rd District Court of Appeal ruled that a juror who disclosed that she was molested as a child was permitted to sit on a jury that found a defendant accused of lewd molestation guilty, as she said she could be “fair and impartial.” In Florida, jury selection (also known as voir dire) is an important component of any criminal …