Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals

* Statistics Verified by County Clerk of Court Documents

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Client Testimonials
  • "We are very fortunate to have hired such a wonderful team!!" by A.K., Past Client
  • "I trust this law firm so much that I refer them friends and family. They are always there for you with advice and guidance." by A.S., Past Client
  • "Don Pumphrey is a very respectable and trustworthy person" by Alejandro M.
  • "He takes care of everything from start to finish. If you are looking for the best, go with Don!" by Amanda S., Past Client
  • "If your college kid makes a mistake this is the attorney you need" by Anonymous (AVVO Review), Parent of Past Client
  • "I couldn't have asked for a better law firm!" by Anonymous (Google Review 2), Past Client
  • "Mr. Pumphrey and his staff are true experts at interpretation of the law and worked hard to protect my rights." by Anonymous (Google Review 3), Past Client
  • " I would highly recommend this firm if you want diligent, brilliant attorneys working for you. The proof is in his results!" by Anonymous (Google Review), Past Client
  • "Superlative firm, experienced and professional. Definitely a stand out in Tallahassee." by Austin C., Past Client
  • "I would recommend him to anyone wanting a trustworthy, diligent, aggressive attorney that knows how to navigate the legal system and get the best possible outcome." by B.J., Past Client
  • "The legal and emotional support is unsurpassed." by Braxton O., Wife of Past Client
  • "Would recommend if looking for a law firm that is committed to every case and personal circumstance" by Cameron J., Past Client
  • "I would trust him with my case 10/10 times, A+ lawyer!" by D. Hoffman, Past Client
  • "If you have a fight on your hands, you want Don Pumphrey in your corner." by D. Williams, Past Client
  • "He took his time with my case and made sure to get me the best results." by David H., Past Client
  • "Today, my relative is no longer in the system, having to report on a weekly basis, graduated college & gone on with his carer, having avoided prison - Thanks to Don Pumphrey JR." by Donna J., Relative of Past Client
  • "Best criminal attorney in Florida" by Elizabeth R., Past Client
  • "He went above and beyond to help me in my troubled time." by Eric U., Past Client
  • "Mr. Pumphrey took one look at my case and had all of the charges dismissed" by Evie, Past Client
  • "I have never felt so taken care of from an attorney. " by J. Burke, Past Client
  • "I would recommend them to anyone that is in need of the best legal care available!!! " by J. Martinez, Past Client
  • "When the quality of rest of your life is at stake go with Don trust me he has literally saved my life more then once" by J. Smith, Past Client
  • "[Don] is honest, truthful and the person you want in your corner." by J. Williams, Past Client
  • "Don Pumphrey and his staff will fight unremittingly for your your rights!" by J.C., Past Client
  • "Without question, the best criminal defense attorney in Tallahassee." by J.P.M., Past Client
  • "Saved my life best lawyer ever!" by Jacob S., Past Client
  • "I highly recommend them for your legal needs." by Jane S., Past Client
  • "If you are looking for top-notch legal council either locally or abroad, look no further. Don Pumphrey and his staff will fight unremittingly for your your rights!" by Jeremy C., Past Client
  • "I would challenge anyone to find a more experienced, knowledgeable and result oriented criminal defense attorney anywhere" by Jonathan E., Peer
  • "You will not find a finer, more experienced criminal attorney in Tallahassee to handle mistakes made by yourself or your student." by Kim, Parent of Past Client
  • "I will definitely be recommending his firm to anyone I come across that needs legal counsel. Thank you Don! You put our anxiety at ease and established a relationship and referrals for a lifetime!" by Kim S., Past Client
  • " I am very grateful for their help and would recommend contacting them for your legal troubles" by L.C., Past Client
  • "Highly recommended if you need the best representation" by L.L., Past Client
  • "Don can minimize your momentary lapse in judgement!" by Laura B., Past Client
  • "They were there for me every step of the way and I never felt like just another case to them." by Lauren J., Past Client
  • " Don Pumphrey is the best attorney in Florida." by Luke S., Past Client
  • " He's a great person and cares very much about his clients." by M.G., Past Client
  • " I would gladly recommend his law firm to represent you or anyone else. They are the real deal." by M.H., Past Client
  • "His dedication to his clients and office is remarkable." by Matt D., Past Client
  • "His passion for justice is second only to his unwavering commitment to his clients." by Michael M., Past Client

Post Conviction Motions for DNA Testing

DNA Testing

Every year there are new advancements in DNA (deoxyribonucleic acid) testing, yet in many criminal cases, the evidence gathers was never tested for DNA. A person who believes they were wrongfully convicted can seek to test the DNA evidence in their case to build evidence that they did not commit the crime or to show that another person committed the crime.

In Florida, there is no time limit to file a Rule 3.853 motion for postconviction DNA testing. After the conviction, the defendant can file a motion to obtain DNA testing under sections 925.11 and 925.12, Florida Statutes. In some cases, the results of this DNA testing will constitute “newly discovered evidence” that will form a basis to set aside the conviction in a 3.850 motion.

In some cases, DNA testing is the only way to show that the person was wrongfully convicted and is actually innocent of the crime. If you have questions about DNA testing after a criminal conviction then contact the attorneys at Pumphrey Law in Tallahassee, FL. Call (850) 681-7777 to discuss your case with experienced

Call (850) 681-7777 to discuss your case with experienced criminal appellate attorneys in Florida.


Requirements under Florida’s Rule 3.853

Rule 3.853 requires that a motion for DNA testing must demonstrate the following:

  1. a statement of the facts relied upon in support of the motion, including a description of the physical evidence containing DNA to be tested and, if known, the present location or last known location of the evidence and how it originally was obtained;
  2. a statement that the evidence was not previously tested for DNA, or a statement that the results of previous DNA testing were inconclusive and that subsequent scientific developments in DNA testing techniques likely would produce a definitive result establishing that the movant is not the person who committed the crime;
  3. a statement that the movant is innocent and how the DNA testing requested by the motion will exonerate the movant of the crime for which the movant was sentenced, or a statement how the DNA testing will mitigate the sentence received by the movant for that crime; and
  4. a statement that identification of the movant is a genuinely disputed issue in the case and why it is an issue or an explanation of how the DNA evidence would either exonerate the defendant or mitigate the sentence that the movant received.

Lambrix v. State, No. SC16-56, 2017 WL 931105, at *5 (Fla. Mar. 9, 2017).


Factors Leading to a Denial of the Request for DNA Testing

Where a defendant cannot show that DNA will prove or negate a material fact, a request for testing should be denied. Scott v. State, 46 So.3d 529 (Fla. 2009).  In other words, DNA testing will not be permitted if the requested DNA testing would shed no light on the defendant’s guilt or innocence. Consalvo v. State, 3 So.3d 1014, 1016 (Fla. 2009). 

The courts in Florida have explained that when a motion for DNA testing is filed “[i]t is the defendant’s burden to explain, with reference to specific facts about the crime and the items requested to be tested, how the DNA testing will exonerate the defendant of the crime or will mitigate the defendant’s sentence.” Scott v. State, 46 So.3d 529, 533 (Fla. 2009).

“[A] trial court does not err in denying a motion for DNA testing where the defendant cannot show that there is a reasonable probability that the absence or presence of DNA at a crime scene would exonerate him or lessen his sentence.” Id. at 896.


Additional Resources

  • Innocence Project on Post-Conviction DNA Testing
    This article by the Innocence Project explains that why DNA testing has widespread acceptance as a reliable form of forensic evidence that can conclusively reveal guilt or innocence. The article also addresses the problems prisoners have finding the legal means to secure testing on evidence in their case. Find information on federal incentives for granting access to DNA testing.

Finding an Attorney for Post-Conviction DNA Testing in Florida

For these reasons, it is important to have the assistance of an experienced post-conviction attorney in Tallahassee to help you file and litigate the motion for DNA testing. The attorneys at Pumphrey Law are experienced criminal trial attorneys. These attorneys are also experienced in fighting cases after the judgment and sentence is imposed during a direct appeal, writ of habeas corpusor a post-conviction motion for ineffective assistance of counsel or newly discovered evidence.

Call the criminal appellate attorneys in Tallahassee, FL, at Pumphrey Law to discuss the facts of your case. Call (850) 681-7777 today.


This article was last updated on Friday, March 24, 2017.