Pumphrey Law Blog

Two Charged in Markel Murder, But Are More Charges Coming?

September 20, 2016 Violent Crimes

More than two years after Florida State University law professor Dan Markel was murdered at his home in Tallahassee, recent developments have revealed increasing tension between Tallahassee Police Department (TPD) investigators and the prosecutor, State Attorney Willie Meggs. Sigfredo Garcia was arrested on May 26, 2016, for first-degree murder and Luis Rivera was charged as a co-conspirator a few days …

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Domestic Violence is NOT an Exception to the Warrant Requirement in Florida

September 8, 2016 Bench Warrants/Warrants, Domestic Violence

Limitations on the Community Caretaking Exception to the Warrant Requirement in Florida The Fourth Amendment provides: “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to …

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Pumphrey Law Offers Scholarship for Florida Students

August 26, 2016 News & Announcements

Pumphrey Law is proud to offer a $1,500 scholarship to an accredited college or university. The scholarship is open to high school students accepted to college and current university students of all classifications. To qualify for the scholarship, the applicants must write an 800-1,000 word essay on the dangers of drunk driving and the impact it can have on a student and …

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Incarceration Affects the Children

August 19, 2016 Criminal Defense

Think of the children.  Incarceration affects children. Our decisions as human beings impact the ones we love, particularly our children. When someone is arrested, many people outside of that individual are affected, whether the arrest or incarceration occurs locally in Leon County, Tallahassee, Florida or Nationally. Regardless of the charge, whether it is for DUI, DUI Manslaughter, Domestic Violence, drug crimes, or any other …

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¿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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