Pumphrey Law Blog

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Tallahassee and North Florida’s highest court granted a defendant’s pretrial motion to dismiss an unlawful use of a two-way device charge, finding he was entrapped as a matter of law. In Florida, entrapment is a defense that is well-known but not necessarily understood by many. Entrapment occurs when government agents (usually police officers) induce someone to commit a crime who …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal found that a defendant could not be convicted of both solicitation of a minor and unlawful use of a 2-way communications device for conduct that occurred on the same day. In Florida, someone may be charged with solicitation of a minor (Fla. Stat. 847.0135(3)) along with unlawful use of a two-way communications device (Fla. …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A top Florida court recently affirmed a conviction for sexual battery despite the fact that the jury appeared biased against him from the start. Here’s why. In Florida, jury selection is a key part of a criminal trial. Though this process (called voir dire) is often overlooked or poorly understood by those who are not acquainted with the justice system, …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A top Florida court found that a suspect was not subject to custodial interrogation so as to require a reading of their Miranda rights, allowing the evidence recovered from their vehicle to be used against them in court. In Florida and throughout the U.S., someone must be read their Miranda rights before they are subject to custodial interrogation by law …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A top Florida court ruled that the fact someone is being arrested on a drug warrant does not give law enforcement permission to search their vehicle without a warrant.  In Florida and throughout the U.S., a person has the right to be free of “unreasonable” searches and seizures under the Fourth Amendment of the U.S. Constitution. Law enforcement is not …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A major Florida court ruled that a defendant telling a minor he “wanted to” commit an illegal sex act upon her did not constitute criminal solicitation as a matter of law.  In Florida, sexual solicitation of a minor is a very serious offense. There are two types of unlawful sexual solicitations of minors under Florida law – online solicitation of …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A top Florida court recently ruled that law enforcement unlawfully searched a handcuffed defendant’s fanny pack after it had been taken off of him at the time of his arrest.  In Florida and throughout the U.S., the U.S. Constitution’s Fourth Amendment protects someone against “unreasonable searches and seizures.” In essence, this means that law enforcement must have a legally valid …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, one of the most serious sentencing enhancements for sex offenses is the finding that the defendant was in a position of “familial or custodial authority” to the victim. This is quite common when the accused adult lives with the alleged victim, is blood related to the alleged victim, or were acting in a supervisory role at the time …

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A top Florida court recently upheld a murder conviction – ruling that the defendant’s Miranda rights were not violated because even though she was not read them before she confessed, she was not in police custody at the time. In Florida and throughout the U.S., someone must be advised of their Miranda rights before they are subject to custodial interrogation …