Pumphrey Law Blog

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, the “plain smell doctrine” is one of the most discussed and controversial areas of criminal law. However, it is often not well understood. This blog will discuss the state of the plain smell doctrine in Florida by answering frequently asked questions about this key legal issue. #1 – What is the “plain smell doctrine”? The “plain smell doctrine” …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, Possession of Burglary Tools is a very serious offense – but is often misunderstood. When someone faces a charge of Possession of Burglary Tools (Fla. Stat. 810.06), many questions arise. This blog will answer frequently asked questions about Possession of Burglary Tools in Florida. #1 – What is Possession of Burglary Tools? Possession of Burglary Tools occurs when …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, reckless and careless operation of a vessel is a serious offense. But they are not well understood, including by many boaters. This blog will answer frequently asked questions about reckless operation and careless operation of a vessel (Fla. Stat. 327.33) in Florida. #1 – What is reckless operation of a vessel? Reckless operation of a vessel occurs when …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, Unnatural and Lascivious Act (Fla. Stat. Section 800.02) is a serious but little-known criminal offense. Charged less commonly than other lewd and lascivious offenses (such as lewd or lascivious molestation, lewd or lascivious conduct, lewd or lascivious exhibition, and lewd or lascivious battery), it is a second-degree misdemeanor punishable by up to 60 days in jail and a …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

The “fruit of the poisonous” tree doctrine is a legal doctrine that excludes evidence obtained from illegal searches, seizures or interrogations from being used in court. It is derived from the Fourth Amendment to the U.S. Constitution, which protections Americans against unreasonable searches and seizures by government agents – including law enforcement. During an investigation, law enforcement will often discover …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, HB 757 is a new law that criminalizes possession of a “lewd or lascivious image” and the solicitation of child pornography. In response to this legislation’s passage, many questions about it have arisen. This blog will answer frequently asked questions about HB 757. #1 – What is HB 757? HB 757 is a major piece of new legislation …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

In Florida, many new criminal laws are going into effect on October 1, 2025. Some of these laws create entirely new crimes, while others increase penalties for existing crimes. This article will discuss those laws. #1 – HB 113 – Fleeing/Eluding Police HB 113 increases the penalties for those accused of fleeing/eluding law enforcement. Fleeing/eluding a law enforcement officer in …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery by a person in familial or custodial authority is a very serious offense, carrying a sentence of up to life in prison. But a related criminal offense that may be charged is solicitation of a child (under age 18) to engage in an act constituting sexual battery (Fla. Stat. 794.011(8)(a)). Though this offense is not well …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, petit (petty) theft is a serious criminal offense. Even though it is commonly viewed as “not that serious,” petit theft can carry significant penalties if someone is found guilty, including jail or even prison time and hefty fines. When it comes to discussions about petit theft, there are common misunderstandings about what it is and the differences between …