Pumphrey Law Blog

June 24, 2021 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

This is Part 2 of a 2-Part Blog series. Read Part 1 here.  Florida is known for its tough stance on drug crime. If arrested for possession, distributing, or trafficking drugs in the state, the accused may face harsh penalties like substantial fines and lengthy prison sentences. What might come as a surprise is that an individual can face these …

June 23, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What is Cyberstalking? When you think of stalking, you probably think of someone who is monitoring every move of someone else and actively pursuing them. Most often, it takes place between two people who had some kind of romantic relationship in the past. However, the internet has made stalking significantly easier. To combat this issue, Florida enacted Section §784.048 of …

June 23, 2021 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

What is a BUI? It is common to hear stories about people convicted of driving vehicles while under the influence of drugs or alcohol. Although less common, people may also be convicted of driving boats while similarly impaired. In Florida, there are many instances where people head out on the water to enjoy a day with friends, and it is …

June 23, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What is Brady Evidence? The term “Brady evidence” comes from the holding of Brady v. Maryland, a United States Supreme Court case in which it was established that the State or Prosecutor has the affirmative duty of disclosing all evidence within their possession or, with due diligence, could be in their possession, that is material in regard to guilt or …

June 22, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

What is a Polygraph or Lie Detector Test? Polygraph examinations have become culturally iconic tools used in movies and television whose subject matter is criminal investigations. A polygraph test uses a recording instrument that records physiological changes in the body in order to examine whether a lie is being told based on the subject’s heart rate, blood pressure, respiration, and …

June 21, 2021 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

What Is Revenge Porn? Revenge porn is when a revealing or sexually suggestive image of someone is posted online without their consent, typically by a former romantic partner, with the goal of causing them embarrassment or distress.[1] This content is often shared with a partner in a trusted exchange and then is eventually used to “take someone in their most …

June 21, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Notoriously engrained discriminatory beliefs congregated in a certain area or region can create problems in terms of juror impartiality. Impartiality is the quality of not being biased or prejudiced.[1] The Supreme Court has recognized these problems in the last fifty years, issuing rulings acknowledging that “local prejudice can be so incompatible with a defendant’s right to an impartial jury that …

June 21, 2021 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Federal Legislation The Trafficking Victims Protection Act (TVPA) of 2000 is considered the basis of federal human trafficking legislation. The term “trafficking” within the act refers to “severe forms of trafficking in persons,” meaning: “Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act …

June 16, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

Who Owns the Client’s File? Florida law recognizes anything that an attorney prepares for the purpose of representation is the attorney’s property – including contents within a client’s file.[1] However, an attorney acts contrary to the broad rules of ethics and professional conduct when they fail to turn over documents from the client’s file requested by a client’s new attorney.[2] …