Pumphrey Law Blog

July 7, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida and all 50 U.S. states, officers are required to read suspects their Miranda rights before subjecting them to custodial interrogation. According to the U.S. Supreme Court’s Miranda v. Arizona decision, this includes formally notifying a suspect of all of the following: Their right to remain silent The fact that anything they say can and will be used against …

July 7, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. It is generally inadmissible in court unless it falls under a designated exception outlined in Fla. Stat. Section 90.803 (hearsay exceptions for witnesses regardless of availability) or 90.804 (hearsay exceptions for unavailable witnesses). But with …

July 7, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

When someone is taken into custody in Florida by law enforcement, they must be notified of their Miranda rights before they are subject to interrogation. These include: The right to remain silent  The right to an attorney, including having an attorney present during police questioning The fact that anything they say can and will be used against them in a …

July 7, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. Hearsay is generally inadmissible in court, unless it satisfies particular conditions required by Florida’s Rules of Evidence. But sometimes, a hearsay statement will be layered within another hearsay statement. This is called “hearsay-within-hearsay” (or double …

July 7, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, someone must be notified of their Miranda rights if they are taken into custody by police and officers intend to interrogate that suspect. These include all of the following: The right to remain silent  The right to an attorney, including having an attorney present during police questioning The fact that anything they say can and will be used …

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

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. It is generally inadmissible, unless it falls under one of Florida law’s designated hearsay exceptions under Fla. Stat. Section 90.803 or 90.804. However, not every out of court statement will necessarily be considered inadmissible hearsay …

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

In Florida, online solicitation of a minor or someone believed to be a minor (such as an undercover officer) for sexual activity is a very serious felony offense. Online solicitation of a minor is a third-degree felony, punishable by up to 5 years in prison, 5 years probation, and a $5,000 fine. When someone is charged with online solicitation of …

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

In Florida, someone who is taken into custody by law enforcement must be read a Miranda warning (their Miranda rights) before they are subject to interrogative questioning. A Miranda warning notifies someone of the following: Their right to remain silent Their right to an attorney, including the right to have an attorney present during questioning The fact that anything they …

June 25, 2025 Don Pumphrey, Jr. Violent Crimes Social Share

In Florida, vessel homicide is a very serious criminal offense. Unlike many other forms of homicide, vessel homicide does not require someone to have intended to kill the victim for that person to be convicted. But if someone is charged with vessel homicide, what are the potential criminal and financial penalties they may face? This article will answer this question, …