Pumphrey Law Blog

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

Florida’s 1st District Court of Appeal discusses when police conduct during interrogation crosses (and does not) cross the line into “undue coercion.” In Florida, someone subject to custodial interrogation must first be read their Miranda rights. But if someone waives their Miranda rights and agrees to speak with law enforcement, does this give officers the right to do whatever they …

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

Florida’s Supreme Court rules that a guilty verdict at trial can override trial court errors at a Stand Your Ground pretrial immunity hearing. In Florida, Stand Your Ground (Fla. Stat. 776.012, 776.013, 776.031, 776.032, 776.041) is a frequently discussed law. It permits someone to use or threaten to use force, including deadly force, if this is a reasonable and proportional …

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

Florida’s 1st District Court of Appeal reiterates that when a suspect unequivocally invokes their right to attorney, police must end questioning unless the suspect voluntarily re-engages. Before someone is subject to custodial interrogation by law enforcement in Florida, they must first be read their Miranda rights. Police must notify someone after they are taken into custody but before interrogation commences …

October 9, 2025 Don Pumphrey, Jr. News & Announcements Social Share

A new Florida case discussing whether there is a constitutional right to a twelve-person jury in criminal cases may be heard by the U.S. Supreme Court. In Florida, twelve-person juries are not required in criminal cases. Since Williams v. Florida was decided by the U.S. Supreme Court in 1970, the state of Florida has relied upon six-person juries in all …

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

If someone talks to the police in Florida without an attorney when they are suspected of a crime, this is often harmful to their case. But it is not the end of the road. Countless times a day in Florida, someone is taken into custody and interrogated by police. If officers attempt to talk to someone regarding their alleged involvement …

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

False imprisonment is a serious felony in Florida that involves unlawfully preventing the movement of another person against their will – typically through restraint, abduction or confinement. In Florida, false imprisonment is a very serious offense. However, it is often confused with other crimes (such as kidnapping), and sometimes misunderstood by even those with relatively strong knowledge of the criminal …

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

A new Florida law, HB 1455, creates harsh new mandatory minimum sentences for sex offenders who commit certain additional sex offenses after they are released from custody. In Florida, the criminal penalties for sex offenses are very serious. But for those convicted of re-offending, the potential prison time they face is now significantly increased. This is due to a new …

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

Domestic violence injunctions in Florida may be issued if someone has previously experienced domestic violence, or has a reasonable and imminent fear of becoming a domestic violence victim. In Florida, petitions are often filed for a domestic violence injunction – regulated by Fla. Stat. 741.30. Whether someone is filing for an injunction (petitioner) or is the target of the petition …

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

Aggravated assault with intent to commit a felony occurs when someone commits assault with the intent of using that assault to commit a separate felony offense under Florida law. In Florida, aggravated assault is a very serious offense. There are two types of aggravated assault recognized by Florida law – aggravated assault with the use of a deadly weapon, and …