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Questions Answered by Tom Murphy
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Defendant was arrested for a dui and out on bond, was re arrested for felony domestic battery and his bond was revoked.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.

1 Answer | Asked in Domestic Violence for Florida on
Q: Can i talk about a woman who has an injunction on me online, she will read it but I made no contact with her
Tom Murphy
Tom Murphy answered on Mar 20, 2021

That seems like a really bad idea. My advice - move on.

1 Answer | Asked in Domestic Violence for Florida on
Q: What happens if I am eligible for a pretrial diversion program and the "victim" doesn't consent out of spite?

What happens if I am eligible for a pretrial diversion program and the "victim" doesn't consent out of spite? Do I have a way around this?

Tom Murphy
Tom Murphy answered on Mar 20, 2021

See Florida Statute 948.08(2). The Victim MUST consent to a defendant entering Pretrial Diversion. Whether the victim refuses to consent out of spite is irrelevant. Also, neither the defendant nor the defendant's immediate family is allowed to contact the victim or the victim's... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: petty theft charge with NO evidence at all what do I ask my PD to help get the case dropped ASAP ?

On felony probation and the charge violated her and now shes incarcerated. I need to know what motions etc to tell the PD to file to get the case dropped ASAP so she doesn’t have to sit in jail for very long . no video evidence and did not get caught in possession of anything stolen. The store... Read more »

Tom Murphy
Tom Murphy answered on Mar 19, 2021

You need to find out whether there was a video. Sometimes the video does not surface until you request it, which is easy enough to do. You can just ask the State to request it. Or you can file a subpoena duces tecum demanding it from the store.

The incident does not necessarily need to...
Read more »

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2 Answers | Asked in Criminal Law and Collections for Florida on
Q: I just recently discovered that I have a warrant in Harris County, Texas for larceny. I lived in FL since 2015.

This resulted from a $30 check written at a Houston supermarket in 2015. The check was NSF and I had no idea because I moved. I contacted Harris County Sheriff, but no info can be obtained over the phone. Do I have to return to Houston and turn myself in to resolve this?

Tom Murphy
Tom Murphy answered on Mar 20, 2021

You should definitely get an attorney in Texas to handle this case. You may have a statute of limitations issue, but you will not know until you have a Texas attorney review the case. Attorneys outside of Texas will generally not handle something like unless they belong to the Texas Bar. I, for... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Louisiana on
Q: Is there a statue of limitation on domestic violence occurrence being reported?

Multiple accounts of domestic violence and vandalism towards me by my husband, most recently 2 months ago. Is there a time frame to report this. And could I use these occurrences if a divorce is filed? No report ever filed but pictures and witnesses.

Tom Murphy
Tom Murphy answered on Mar 25, 2021

Statute of Limitations for a first-degree misdemeanor is two years. Keep your witnesses close. Yes, you can use this information in divorce/time-sharing proceedings.

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2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Domestic Violence for Florida on
Q: will the magistrate/judge ensure i get some form of alimony and my belongings (8 yrs married with dv no child) ?

we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... Read more »

Tom Murphy
Tom Murphy answered on Mar 21, 2021

Florida makes it easy to file the motions on your own. Check out this site:... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: If I showed up for jury duty since 8am and it's 12pm now can I just go home?
Tom Murphy
Tom Murphy answered on Mar 21, 2021

Do your civic duty, sit tight, and wait until they release you. The justice system does not work if we don't have jurors.

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3 Answers | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: Does my landlord in Florida have to let me out of lease if I have police report of domestic violence
Tom Murphy
Tom Murphy answered on Mar 20, 2021

You may be able to get an injunction against the other party. You would be the Petitioner and the other party would be the Respondent. If an injunction is granted then the Respondent will have to stay a certain distance away from you, your residence, and your place of work. If you live together,... Read more »

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