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Questions Answered by Tom Murphy
1 Answer | Asked in Criminal Law for Florida on
Q: Can a person get convicted for BATTERY: BY PERSON DETAINED IN PRISON OR JAIL FACILITY if the victim don't cooperate
Tom Murphy
Tom Murphy answered on May 26, 2021

Yes. The State needs evidence, however, like a witness. They also have to prove identification of the Victim, which is difficult. The State often tries to introduce inadmissible hearsay evidence to do this.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: 17 year old girl had 2 bags of candy endables and they were found at school in her book bag.do we need a lawyer bc the

School said they are only charging her with possession now it was turned over to the school officer and he said he is only charging for possession

Tom Murphy
Tom Murphy answered on May 25, 2021

She is charged with a crime. The state will automatically assign her an attorney from the Public Defender's office. You can hire your own attorney if you want.

1 Answer | Asked in Domestic Violence for Florida on
Q: My sons had me arrested for domestic battery but I am the victim. I went to jail then got ROR can I go file charges

She attacked me I have a black eye and my other eye is swollen and she tased me. She had no marks but she called police the next day. I went to jail for 1 day. I just got out. Can I file charges of my own

Tom Murphy
Tom Murphy answered on May 25, 2021

Your question is confusing, was it your daughters or your sons? Anyway - you can try. It is up to the state whether charges are filed. Usually the first person to call the cops wins. Do you really want to file charges against your children? Get an attorney, have her call the prosecuting... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Is it still procure for prostitution if you change your mind and leave while waiting for the prostitute to show up?

It was a sting. A cop on the other end of the text messaging. I changed my mind while waiting and text and said I had to leave I got a call and 2 miles down the road I got pulled over and charged.

Tom Murphy
Tom Murphy answered on May 23, 2021

sounds more like 'assignation' of prostitution

2 Answers | Asked in Criminal Law for Florida on
Q: Hello, Im in middle school and want to prepare for college. Is there a way to prepare and what college do you recommend?

I want to go to college to become a criminal lawyer, I’m not sure how to start preparing since I’m only in middle school. I very good grades and I’m advanced in all of my classes. Do you have any recommendations for colleges or tips on how i can prepare for my future career.

Tom Murphy
Tom Murphy answered on May 23, 2021

Read books, stay off your phone, keep making good grades and stay out of trouble.

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3 Answers | Asked in Criminal Law for Florida on
Q: I have bench warrant arrest issued in wi for my misdemeanor case and I’m in Florida

Is that possible Florida police can take me to jail if they run my name if they stop by pull over or something?

Tom Murphy
Tom Murphy answered on May 25, 2021

Yes. They will 100% put you in jail if you have a warrant; even if the warrant is out of state. Then they will ship you to the other state. You should call an attorney in the other state and see if they can get rid of the warrant

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2 Answers | Asked in Criminal Law for Florida on
Q: The state has a offer do I have to take at arraignment?
Tom Murphy
Tom Murphy answered on May 25, 2021

Well, the state does not need to make an offer. They can go all the way to trial and never make you an offer. They can revoke the offer at anytime.

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1 Answer | Asked in Criminal Law for Florida on
Q: Dad said cop showed up at his job and said I (his daughter) am in serious trouble. They are doing an investigation.

Could this be true? Also I’m overage, why would they tell him?

Tom Murphy
Tom Murphy answered on Apr 13, 2021

Yes, it could be true. You can hire a lawyer to investigate the matter for you. If there is a warrant for your arrest then your lawyer can arrange with a bondsperson to have you do a 'walk-through' at the jail. A 'walk-through' is when you turn yourself in to the jail but the... Read more »

2 Answers | Asked in Personal Injury and Criminal Law for Florida on
Q: Can I use my Allstate accident insurance for a felony battery? My spouse was assaulted and has some brain damage.
Tom Murphy
Tom Murphy answered on Apr 11, 2021

For starters, read the policy to see what it covers and then call Allstate and ask them.

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1 Answer | Asked in Criminal Law for Florida on
Q: Who should I report Fraud of a legal document to?

My ex boyfriend, the father of my son, filed a lawsuit against me in regards to our son but he didn’t fill out the paperwork himself, his landlady did. And she didn’t fill out the “If a non lawyer helped fill out this form...” portion of any of the petitions. She admitted via text to... Read more »

Tom Murphy
Tom Murphy answered on Apr 8, 2021

Subpoena her to the Court hearing so she can tell the judge. If the court hearing has already taken place, call the judge's judicial assistant and let her know, see if yo can get a re-hearing and bring it up to the judge.

1 Answer | Asked in Criminal Law and Car Accidents for Florida on
Q: ell us a little more so we can help you. Your Question:edit text Okay my son didnt havel

Can they charge him with homicides by traffic if the convict him of neuroscience

Tom Murphy
Tom Murphy answered on Apr 7, 2021

We are eager to answer your question. Try asking it again, and include more information.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was released from Florida's doc on 6/2/2019 and anyone released from Florida's doc qualifies for the prr act

for 3 years upon release if I was to commit a crime that is on Florida's prr act in South Carolina within 3 years could South Carolina use Florida's prr act to sentence me to more time

Tom Murphy
Tom Murphy answered on Apr 3, 2021

Well, if you have not done so already, do NOT commit any new crimes. That said, Florida's PRR statute will not cause you to serve more time in South Carolina for a crime committed in South Carolina. However, South Carolina may have a statute that will enhance a crime committed there based on... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Lemon Law and Mergers & Acquisitions for Florida on
Q: I need more info on pre assumptions of law that has an injunction on me I did not know.no contact 6 yrs.still pay for

I need to resolve my injunction in 3/23/2015.\

Tom Murphy
Tom Murphy answered on Apr 3, 2021

This question does not make sense. You need to provide more information.

2 Answers | Asked in Criminal Law for Florida on
Q: Court fines. Cost of supervision and electronica monitoring.

Am I exempt from paying court fees restitution and Community control fees, The cost of supervision and electronic monitoring?

Tom Murphy
Tom Murphy answered on Apr 2, 2021

No. You must pay these fees unless told otherwise.

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2 Answers | Asked in Criminal Law for Florida on
Q: I reported a gun stolen yesterday and it has been stolen by my 16 yr old son. Do I have to press charges against him?

The gun has not been recovered as of yet but all info regarding the gun has been reported to lake county sheriff's department as lost/stolen. Trying to see what my liabilities are if I chose not to press charges against him. Or if I will be forced to do so.

Tom Murphy
Tom Murphy answered on Apr 3, 2021

Depends what you mean by 'press charges'. The State will prosecute if they see fit, whether or not the victim wants the defendant prosecuted. For example, person A may punch person B in the face, and person B calls the police. Person B later decides he does not want the State to... Read more »

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3 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Is it right for cops do a field test on a traffic stop if he isn't at least in front of you?

Got pulled was searched me and my ole man hunt old bottles well we found one old and it was an old medicine bottle. They found it went to there truck out of sight from us and field tested it. Said it was positive for meth. We really don't know if it was or not we weren't able to observe.... Read more »

Tom Murphy
Tom Murphy answered on Apr 3, 2021

They do not have to perform the test in your presence. However, you may have a search and seizure issue. I agree with the other lawyers who have answered your question - you need to consult with an experienced defense attorney

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1 Answer | Asked in Criminal Law for Florida on
Q: I violated probation i am 15yrs old would they consider putting me in foster care?

What can i do for them to put me in there

Tom Murphy
Tom Murphy answered on Mar 25, 2021

You need to talk to your attorney. A plan to put you in Foster care would be considered 'mitigation', or, part of an argument to have the judge 'go easy' on you. You would need to provide proof that your current living situation is bad enough to need changing. Talk to your attorney.

2 Answers | Asked in Criminal Law for Florida on
Q: Can I get some direction for case law on search warrants and safes?

Someone else had a safe in their vehicle and they were pulled over and told the police it was mine . They police came snd picked me up for the drugs and money in the safe. The key to the safe was not in my possession it was on the ground on of a storage unit I was standing in which also was in... Read more »

Tom Murphy
Tom Murphy answered on Mar 24, 2021

If you were with someone else in the storage room you have a good argument that you were not in possession of the key. There must be more evidence against you if a warrant was issued, but it sounds thin

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3 Answers | Asked in Collections for Florida on
Q: Apartment complex I owe a debt of $3000 won't send written form until I pay the debt.

I need to pay this debt off, but dont want to pay if nothing is in writing, Complex is refusing to do so.

$3000 is a lot to pay on trust.

Tom Murphy
Tom Murphy answered on Mar 24, 2021

See if you can approach them personally with a cashier's check for $3000 in hand. Tell them you will give it to them if they give you the letter.

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