Pumphrey Law Blog

¿Quién es Miranda? (Who is Miranda?)

August 15, 2016 Criminal Defense

Often times you hear the phrase “lost in translation” in reference to misunderstanding in conversation.  From past experiences as an attorney, I’ve gained a different appreciation for things that get “lost in translation” in the courtroom. These moments wouldn’t have come to pass if I wasn’t a native Spanish speaker.  If I were any other attorney, one who didn’t grow …

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No Warrant, No Blood Draw in Florida

August 12, 2016 Bench Warrants/Warrants, Drunk Driving/DUI

The Impact of the Birchfield Decision on DUI Blood Draws in Florida A recent decision by the United States Supreme Court chips away at the so-called “DUI exception” to the Constitution. The case makes clear that law enforcement officers in Florida will not be able to take blood in a DUI related case without either a valid warrant or voluntary consent. The Search-Incident-to-Arrest Exception …

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The Pre-Arrest Right to Remain Silent under the Florida Constitution

August 5, 2016 Criminal Defense

If you are under investigation for committing a crime, it is important to seek out the services of a qualified criminal defense attorney before you make a statement or answer any questions. Both the United States Constitution and the Florida Constitution provide important protections against self-incrimination. The Florida Supreme Court recently decided on May 5, 2016, State v. Horwitz, SC15-348 (2016), …

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Does Leon County Need More Gun Control?

July 26, 2016 Theft/Property Crimes, Violent Crimes

Teen Nightclub Shooting Reignites Debate Over Gun Control in Florida In the wake of two children being killed and 19 others being wounded by gunshots early Monday morning at Club Blue nightclub in Ft. Myers, Florida, gun-control activists are seeking stricter gun laws to be put in place to prevent tragedies like this from reoccurring. Advocates of stricter gun control …

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“But I Think I am Guilty”: Why Hire a DUI Defense Attorney Even When You Think You’re Guilty

July 21, 2016 Drunk Driving/DUI

An arrest for drunk driving or driving under the influence (DUI) can be a traumatizing experience. After a drink or two at the Florida State Seminoles’ game, the company end-of-year party, or another social gathering, it is possible to “feel fine” or “not feel drunk” and still be arrested for DUI. If you are arrested for DUI in Leon County, including Tallahassee, …

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Choosing the Right Attorney for your Florida DUI Charge

October 9, 2012 Criminal Defense

As I tell juries during jury selection, the arrest decision for Driving Under the Influence (DUI) is very unique.  It’s one of the few crimes where a citizen can be arrested and seized based solely on the opinion of a police officer.  A little-known fact is that the demand for a breath sample is not allowed by Florida law until …

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Tallahassee One of the Top 10 Most Dangerous Cities in the U.S.?

October 17, 2011 Theft/Property Crimes, Violent Crimes

Forbes recently unveiled its list of this year’s top dangerous American cities. Many Tallahassee residents were shocked to find their city on the list, much less in the number eight position. Other cities flagged as dangerous by the closely-read Forbes lists include Memphis, Tennessee; Las Vegas, Nevada; and Flint, Michigan. When asked to explain its rationale for Tallahassee’s appearance on …

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