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Questions Answered by Tom Murphy
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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1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: Can I press charges on ex wife for false allegations

My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... Read more »

Tom Murphy
Tom Murphy answered on Mar 24, 2021

It is illegal to make false allegations of a crime. See Florida Statue 817.49

1 Answer | Asked in Criminal Law for Florida on
Q: I was forced to do something I didn’t want to and now I don’t know if I can get help?

They told me to meet them and then forced me to run up charges on my Apple Card

Tom Murphy
Tom Murphy answered on Mar 22, 2021

You would need to establish what is called an 'affirmative defense'. Basically, you would need to admit you committed the crime but that you did so because there existed a real threat of imminent harm to yourself or another unless you committed the crime. See Florida Jury Instruction... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: My friend is serving a 9mo concurrent jail sentence. For VOSP:DUI 3RD OFF W/I 10 YRS//DWLSR 3RD. When will he be out?

I read somewhere that in Florida you only serve 85% of your sentence so I don’t really know if that works in this situation I’m just looking for some good news that he might be out sooner than 9 months. He was on probation but violated it and he waived his 44 day good time credit.

Tom Murphy
Tom Murphy answered on Mar 21, 2021

Looks like he was on probation, so he might have already served jail time for the initial arrest. He will get credit for that time as well as whatever time he has served on the VOP. County jails give 5 days per month for good time served, so yes, he has a chance of getting out sooner than 9... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: If a defendant in custody is granted a bond reduction does that mean he can bail out of jail now?

Defendant was arrested for a dui and out on bond, was re arrested for felony domestic battery and his bond was revoked. Defendant went to court and was granted a bond reduction. Is he able to get out of jail now on bail?

Tom Murphy
Tom Murphy answered on Mar 21, 2021

If he was 'out on bond' for DUI and the bond was revoked because he was arrested on a DV Batt charge, then he cannot get out of jail until he gets a bond on the DUI charge. Your question was not clear as to which case received the 'bond reduction'. If the bond reduction was... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can I ask for a downward departure if I meet 4 out of the 10 requirements and I’ve never used one before?
Tom Murphy
Tom Murphy answered on Mar 21, 2021

Absolutely. See Florida Statute 921.0026. Actually, you can request a downward departure even if you do not fit exactly into the departures listed in the statute. That is hard to do, but technically it is possible. But if you fit into 4 of the listed departures, then you are in good shape.... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I don’t know how to go about finding an attorney to file several different issues with 2 individuals.

My ex has wire-tapped our conversation (I have video evidence)

My ex & his girlfriend set me up for a trespass warning at my daughters school so I can’t go watch her play sports (I have the trespass & Body cam footage) the girlfriend wasn’t there but is the one who called it... Read more »

Tom Murphy
Tom Murphy answered on Mar 21, 2021

You should have a time-sharing plan with the family court. If your ex is not following the plan, bring it up to the judge.

Also, gather evidence about the abuse. DCF is pretty good about figuring out the real story. If you have evidence, bring it to the police. If the evidence seems...
Read more »

1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: Can I file charges of theft or sue somebody for not delivering a puppy

Two weeks after conception the neighbor claimed she had a sonogram done and we were expecting 8 to 10 puppies in the litter I did not believe this was true you need 21 days to have an Acurate sonogram so I offered and insisted on getting a second opinion with my vet, the neighbor was reluctant and... Read more »

Tom Murphy
Tom Murphy answered on Mar 21, 2021

Yes, you can sue her. She offered the puppy, you accepted the offer, and provided her with consideration in the form of money, and you also took the action of neutering your dog based on her reassurance.

1 Answer | Asked in Divorce for North Dakota on
Q: Ok my husband has cuatusy of our son only because of the landlord I have wants johnny seen not heard I'm in process of.o

I'm process of divorce. Ex has 3 domestics against him from me he drink often he abused our eldest daughter. But was never reported. She just recently told me when he was drunk 9nce he tried crawling into bed with her naked what chances 9f me getting child aupprt

Tom Murphy
Tom Murphy answered on Mar 21, 2021

I would suggest proofreading any requests you make for legal advice.

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