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. Typically, hearsay is excluded from mention in criminal proceedings against a defendant. But under certain circumstances, hearsay is admissible in a court of law. Hearsay may be offered in court when the hearsay statement falls …
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. Though hearsay is generally inadmissible in court, hearsay “exceptions” exist under Florida law allowing for the use of nontestimonial hearsay statements at trial under certain circumstances – even if a declarant (speaker) is never cross-examined …
If a juvenile is convicted of a major crime, such as murder or a life felony, a common question is if they will ever get out of prison. While this is not guaranteed, the U.S. Supreme Court has ruled that juvenile offenders cannot be sentenced mandatorily to life without parole, unless there is a special “Miller/Graham resentencing hearing.” This article …
In Florida, misdemeanors are criminal offenses that are less severe than felonies in terms of potential penalties faced. They can be broken down into two categories: first- and second-degree misdemeanors. This page will explore the types of misdemeanors in Florida and their penalties. Under Florida Statutes Section 775.15, prosecution for a first-degree misdemeanor must occur within 2 years from the …
What is Theft in Florida? A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another person – with the intent to temporarily or permanently deprive that other person of the right or benefit of that property. Theft also occurs if a person appropriates property for personal use …
Prison releasee reoffender (PRR) in Florida is really bad for anyone who qualifies – in every sense of the word. In Florida, criminal penalties are enhanced when someone reoffends after having committed enumerated statutory violations (Florida Statutes Section 775.082 9(a)(1)) within three years of having been released from the Florida Department of Corrections or another facility covered under the statute. …
Two new pieces of Florida legislation have been signed into law this week. SB 718 and SB 66 are both related to drug crimes, specifically those including the presence of fentanyl. Based on the findings by Florida Gov. Ron DeSantis, along with reports from law enforcement agencies, emergency medical employees and police agents who respond to calls of fentanyl possession …
After months of debate and speculation, the Florida Supreme Court has released two new decisions regarding the access to abortion rights. While one of the decisions approved the controversial six-week abortion ban, justices have also approved of the measure to let Florida voters decide whether abortion access should be expanded within the state. This page will provide information pertaining to …
When teenagers get in trouble with a parent, teacher, or other authoritative figure, they are usually given a warning or told what they did was wrong, along with advice on how to handle a similar situation moving forward. When the so-called “trouble” includes a violent act, specifically one that harms or even kills another person, law enforcement and Florida prosecutors …
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.