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David Michael Murphy

David Murphy’s Answers

58 total


  • My baby broher was charged with vc23153(a) and also vc2153(b) but it seems to be the same thing. Why would he be charge these 2

    I just dont know how there could be two charges for the same crime.

    David’s Answer

    Those are the standard DUI charges. It is perfectly normal to be charged with both.

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  • Can bail in murder case be reduced from initial $1Million to something affordable like $10Thousand if suspect not a flight risk?

    suspect is 70 years old has roots in community never ran from crime scene territory lived in territory in plain sight for 10 years following murder

    David’s Answer

    No.

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  • What usually happens at first court date? Will this be on my records ?

    I was caught shoplifting at Kohls and was taken in to the police department the same day. I was release about 4 hours the same day. I have a citation ticket to show up at court on December 13, 2011. I then received a civil claim letter stating tha...

    David’s Answer

    First and foremost, DO NOT pay the civil claim letter. There won't be any ramifications if you don't. The case does not automatically get filed. The police department will be required to prepare reports, and transmit them to the Prosecutor. The prosecutor then will review the case and determine what charge(s) to file. The charges you face will likely depend on the dollar value of the items. If it is below $950, it will be a misdemeanor.

    You will be required to go to Court on December 13th. The case may or may not be filed by that date. If it is filed, you'll have the opportunity to meet with a public defender, if you haven't hired your own attorney. The Prosecutor will provide documentation regarding your arrest and give a plea offer. If you don't wish to accept the plea offer, the case will move forward from there.

    David Murphy
    david@davidmurphylaw.com

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  • What usually happens at first court date? Will this be on my records ?

    I was caught shoplifting at Kohls and was taken in to the police department the same day. I was release about 4 hours the same day. I have a citation ticket to show up at court on December 13, 2011. I then received a civil claim letter stating tha...

    David’s Answer

    First and foremost, DO NOT pay the civil claim letter. There won't be any ramifications if you don't. The case does not automatically get filed. The police department will be required to prepare reports, and transmit them to the Prosecutor. The prosecutor then will review the case and determine what charge(s) to file. The charges you face will likely depend on the dollar value of the items. If it is below $950, it will be a misdemeanor.

    You will be required to go to Court on December 13th. The case may or may not be filed by that date. If it is filed, you'll have the opportunity to meet with a public defender, if you haven't hired your own attorney. The Prosecutor will provide documentation regarding your arrest and give a plea offer. If you don't wish to accept the plea offer, the case will move forward from there.

    David Murphy
    david@davidmurphylaw.com

    See question 
  • Pulled over for my blinker "blinking too fast" was arrested for possesion of meth

    police report states i was pulled over for having tinted front windows. I dont have tinted windows soo would that qualliy a motion to surpress in court

    David’s Answer

    If the police report states that you were stopped for tinted windows, and you in fact have no tint on your windows, then you may have a very strong basis for a motion to suppress. I would suggest you consult with an attorney, as the details of your situation are very important when determining the viability of a motion to suppress.

    David Murphy
    david@davidmurphylaw.com
    310-955-7500

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  • Is it mandatory that the defendant be taken to jail when charged with a misdemenor 242 battery? (prosecutor is pressing charges)

    I am a 33 yr old white female in pacific Beach ca. was involved in an altercation last night that involved my drunk neighbor unexpectadly screeming in my face. (I was not intoxicated). I told him to leave me alone and to stop yelling, He wouldn't ...

    David’s Answer

    There is no mandatory jail time attached to a misd. violation of PC242.

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  • AM I FACING JAIL TIME

    I WAS ARRESTESD FOR HS11359,HS11358,HS11550A,HS11364 I DID GET MY MEDICAL MARAJUANNA RECENTLY AS I HAVE MS I HAVE NOT BEEN ARRESTED BEFORE WHAT ARE MY CHANCES

    David’s Answer

    Based on the information provided, it is tough to say what your chances are in this case. While you have a medical marijuana card, there are still limits as to what you can legally do.

    I would recommend you speak with an attorney regarding the facts of your situation. The charges you're facing are serious and could definitely result in jail time. Much more detail is needed to know what defenses may be available to you.

    David M. Murphy
    david@davidmurphylaw.com
    310-955-7500

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  • 12 year old. Residential burglary

    My 12 year old child broke into a friend's house 6 or more times and stole several hundred dollars worth of things. The items were returned. The family is not pressing charges. I believe this is considered residential burglary. As his parent, I am...

    David’s Answer

    If the other family did not file a complaint, there is little chance that there would be any case against your son. You may contact the local police department to see if they have some sort of class or seminar that you could take your son to, rather than explaining to them the details of the situation. I wouldn't be too concerned about there being a case, based on what you've said, but I would suggest you don't call the police and tell them about the details of things, just to be safe.

    Were there to be a case, it would be a juvenile case, given your son's age. The DA would not seek to file a case of this nature in adult court. It is hard to say what the "typical" outcome is, as juvenile cases look to the nature of the individual, the crime, and the family with an eye towards getting the juvenile on the right track. That being said, this isn't something that the Court would take lightly. There are a variety of "sentencing" options in juvenile court. The judge can order the juvenile to be sent home with his family on probation, he can have the juvenile placed in a home to monitor his behavior, or the judge can order that he be sentenced to CYA, which is comparable to juvenile jail.

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  • I got a suspended license ticket,but i already qualify to get my license back,can the case be dismissed if i get my license back

    can the case be dismissed if i take my license on the court date of the suspended license ticket?

    David’s Answer

    When an individual gets caught driving on a suspended license, and the reason for the suspension was a DUI, technically, there is mandatory jail time. I've handled many of these cases, and it is often possible to get the 14601 reduced to a 12500, possibly as an infraction. The signficance of this is that the 14601 conviction carries the mandatory jail time, whereas the 12500 does not. I would not count on getting it dismissed based on the fact that you now have a license. If your suspension was unrelated to a DUI, it is often possible to get the charges dismissed altogether, but in DUI related suspensions, prosecutors are often unwilling to go that far.

    David M. Murphy
    david@davidmurphylaw.com
    310-955-7500

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  • Is it possible to withdraw my no contest plea if I have new evidence that proves my innocence if I've already served my time?

    I took a Judge offer of leniency in sentencing on my criminal case but had to plead "No contest" to all charges knowing I wasn't guilty to get judge's deal. I was coerced into this as DA threatened to add more charges if I tried my case. Cops were...

    David’s Answer

    There are may be options for you to reopen the case. You should consult with an attorney, as the viability of any such motion is highly dependent upon the facts of your case. There are also very strict timelines for any such motion. You don't specify how long ago this incident occurred, but given that you were sentenced to state prison, I'm assuming it was over a year ago. I would strongly suggest you consult with an attorney very soon, as time may be of the essence.

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