Pumphrey Law Blog

June 6, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

During the course of a criminal investigation, law enforcement will sometimes allege that an individual accused of a crime confessed to it. But what if no evidence of a written or spoken confession is provided – aside from the claim from a police officer that a confession occurred? This article will explain whether an unrecorded confession with no corroborating evidence …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A major Florida court has ruled that a drug not recognized by name in Florida’s law prohibiting possession of substitute cathinones (bath salts) is still illegal and subject to the same criminal penalties as other controlled substances recognized by name under the statute. This article will discuss the Fourth District Court of Appeal’s Jackson v. State ruling, and what it …

June 6, 2025 Don Pumphrey, Jr. Civil Asset Forfeiture, Criminal Defense Social Share

In Florida, being arrested and formally charged for a criminal offense is very serious. But a not-too-often discussed aspect of criminal charges is civil asset forfeiture, which may occur based on the development of probable cause that the assets in question were used during the commission of a crime. This article will define civil asset forfeiture in Florida, discuss Florida’s …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Does Florida’s statute allowing the death penalty for sexual battery on a minor stand up to constitutional scrutiny? This article will explore the content of Florida’s capital sexual battery statute, discuss the Florida and U.S. Supreme Court’s ruling on the constitutionality of the death penalty for sexual battery, and likely reasons for the statute’s passage. In 2023, Florida’s legislature passed …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

When someone is taken into custody by law enforcement, they must be notified of their Miranda rights before officers can interrogate them. Any waiver of someone’s rights to remain silent and their right to have an attorney present during questioning must be made knowingly, intelligently, and voluntarily. If someone agrees to speak with law enforcement and validly waives their rights …

June 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. Typically, hearsay is excluded from mention in criminal proceedings against a defendant. But under certain circumstances, hearsay is admissible in a court of law. Hearsay may be offered in court when the hearsay statement falls …

May 31, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. Though hearsay is generally inadmissible in court, hearsay “exceptions” exist under Florida law allowing for the use of nontestimonial hearsay statements at trial under certain circumstances – even if a declarant (speaker) is never cross-examined …

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

In Florida, non-English speaking defendants are sometimes arrested and charged with a crime. Often, these individuals will be subject to police interrogation as well as court proceedings that would typically occur in English.  But if someone does not speak English or speaks very little of it, are they entitled to an interpreter during any and all legal proceedings – from …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, burglary is considered a very serious felony offense. But a lesser-known offense than (and lesser-included offense of) burglary is possession of burglary tools – which is itself a very serious felony. This article will discuss the crime of possession of burglary tools, the elements the State must prove to establish someone’s guilt of this offense, and defenses. Possession …