Pumphrey Law Blog

Solitary Confinement and the Scary Reality in Florida Prisons

January 26, 2022 Criminal Defense, News & Announcements

Being charged with a crime can completely alter the course of your life. Along with the initial shock of getting arrested, going through the legal process, and going to the court room, often the big question remains: what happens after the sentencing? Of course, there are expensive fines and the potential jail time to consider when the charge has been …

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Recent 11th Circuit Case Discusses the Line Between Offensive Speech and Criminal Wrongdoing

January 25, 2022 Criminal Defense

Recent 11th Circuit Case Discusses the Line Between Offensive Speech and Criminal Wrongdoing General Overview On December 16, 2021, the United States Court of Appeals for the 11th Circuit decided case United States v. Fleury. This case was an appeal from the United States District Court for the Southern District of Florida. There, Brandon Fleury was convicted by a jury …

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Florida Supreme Court Overturns Death Sentence for Gruesome Murders

January 25, 2022 Criminal Defense, Violent Crimes

A Tragic Story On January 13, the Florida Supreme Court decided to overturn the conviction and death sentence of Peter Avsenew. In 2017, Avsenew was convicted of two counts of murder for the deaths of married couple Stephen Adams and Kevin Powell in their home in Wilton Manners, Florida, on December 23, 2010. The manner in which the victims had …

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What is Stalkerware and is it Illegal in Florida?

January 20, 2022 Criminal Defense, Sex Crimes, Social Media

As technology continues to expand, so do the ways that hackers can break into your devices. Previously, people who wanted to secretly gain information from their victims would do so through physical methods such as stalking. However, in more recent years these methods have modernized into forms of technical stalking. One specific form of spyware, called “stalkerware,” is being used …

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How Can You Challenge a Criminal Conviction?

January 14, 2022 Criminal Defense

Challenging a Criminal Conviction in Florida While it doesn’t happen often, there are times when judges make mistakes. They are human just the same as you and me, and because of that they are not perfect. For this reason, there is the Court of Appeals. A mistake made by a judge in a criminal case can have serious consequences. The …

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Medical Marijuana and DUIs – Are There Special Rules?

January 11, 2022 Criminal Defense, Drug Charges, Drunk Driving/DUI

Currently, federal law prohibits the use of marijuana. However, 36 states have legalized the use of medical marijuana, including Florida. Florida Medical Marijuana Legalization Initiative, also referred to as Amendment 2, was a constitutional amendment that was approved by 72% of voters on November 8, 2016. Amendment 2 “allows a variety of medical marijuana products, such as food, tinctures, aerosols, …

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Lizard Smuggling – Traveling and Wildlife Trafficking

January 10, 2022 Criminal Defense

When you receive a package in the mail, the last thing you would imagine to come out are a set of scaly lizards. In the case of one Miami man, this was exactly his intention. In fact, he flew all the way to Australia to capture and send back over a dozen lizards across the world. Although Florida is known …

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Speedy Trials in Florida Criminal Cases

January 6, 2022 Criminal Defense

What is a Speedy Trial in Florida? In the state of Florida, there are two types of “speedy trial” rights. The first is the right under the Sixth Amendment of the U.S. Constitution. The second is the procedural right to a trial under the Florida Rule of Criminal Procedure 3.191. Under Florida Statute Section 960.0015, the victim’s right to a …

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Motions in Criminal Cases in Florida

January 6, 2022 Criminal Defense

There are many different motions available to defense counsel during criminal legal proceedings. A motion is an application to the court that is made by the prosecutor or defense attorney requesting that the court makes a decision on a specific issue before the trial or proceeding begins. The said motion can affect the trial, courtroom, defendants, evidence, or testimony. It …

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