David Michael Murphy’s Answers

David Michael Murphy

Los Angeles DUI / DWI Attorney.

Contributor Level 9
  1. Daugh. arrested, san ysidro border crossing, cocaine in the car. how can i find her, wat r poss. conseq? wat range of defens fee

    Answered over 3 years ago.

    1. David Michael Murphy
    2. Elliot Rahmim Zarabi
    2 lawyer answers

    This is potentially a very serious matter. Transporting drugs across the border is a major federal offense. In the federal system, the amount of time one faces on drug related offenses is based on the quantity of drugs alleged to have been in her possession, but it is likely a significant amount of time, as federal drug laws are quite harsh. The other issue is that this could have significant adverse immigration consequences. It may be possible to locate her through the federal bureau of...

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  2. I got caught with stolen assault rifle and other guns and also drugs,do i have a chance of not doing time?

    Answered over 3 years ago.

    1. Michael Rutledge Norton
    2. David Michael Murphy
    3. Maltaise E Cini
    3 lawyer answers

    You're facing very very serious charges. The quantity of weapons & ammunition, in conjunction with drugs will make it quite difficult to avoid jail time if you're found guilty. There may be issues surrounding the legality of the search, but that is impossible to determine without additional information. I would strongly suggest consulting an attorney to explore the validity of a motion to suppress. Please do not hesitate to contact me if you would like to discuss your case in further detail.

    1 lawyer agreed with this answer

  3. Traffict ticket bail forfeture

    Answered over 3 years ago.

    1. David Michael Murphy
    2. Andrew Stephen Roberts
    2 lawyer answers

    While there is no guarantee of success, you can retroactively request that the Judge grant you traffic school. You would need to go in and have the case added to the calendar in order to do so.

    1 lawyer agreed with this answer

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

    Answered over 3 years ago.

    1. Timothy Miranda
    2. David Michael Murphy
    2 lawyer answers

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

    1 person marked this answer as helpful

  5. 12 year old. Residential burglary

    Answered over 3 years ago.

    1. David Michael Murphy
    2. Andrew Stephen Roberts
    3. John M. Kaman
    3 lawyer answers

    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....

    1 person marked this answer as helpful

  6. 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

    Answered over 3 years ago.

    1. Elliot Rahmim Zarabi
    2. David Michael Murphy
    3. Robert Laurens Driessen
    4. Philip Daniel Hache
    5. Lauren Brooke Hemman
    5 lawyer answers

    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...

    1 person marked this answer as helpful

  7. My son was in prison serving a 12 yr sentence for carjacking and about halfway through the term my son murdered his cell mate.

    Answered over 3 years ago.

    1. David Michael Murphy
    1 lawyer answer

    There may be grounds for post conviction relief, but it is not a simple question that can be answered based on the information provided. To seek relief this long after the case was resolved is quite difficult. I would suggest you contact an attorney to see if some sort of post-conviction remedy is available for your son. Best of luck. David M. Murphy david@davidmurphylaw.com 310-955-7500

    1 person marked this answer as helpful

  8. 2nd pety theft first one expunged am i looking at jail

    Answered over 3 years ago.

    1. Elliot Rahmim Zarabi
    2. David Michael Murphy
    3. John M. Kaman
    4. Andrew Stephen Roberts
    4 lawyer answers

    Anytime you are charged with a misdemeanor or felony, you face potential jail time. In cases such as this, it is often possible to avoid doing jail time as part of a negotiated disposition of the case. I would suggest you consult with an attorney to seek the best possible resolution of this matter. David M. Murphy david@davidmurphylaw.com 310-955-7500

    1 person marked this answer as helpful

  9. 1538.5 Motion - Riverside CA - DUI Case

    Answered over 3 years ago.

    1. Elliot Rahmim Zarabi
    2. David Michael Murphy
    3. Robert Laurens Driessen
    4. Joseph Briscoe Dane
    5 lawyer answers

    There are a number of factual issues that would likely need to be clarified in order to give you a fully accurate answer. I would strongly suggest contacting an attorney to discuss the details more thoroughly, but yes, I believe there may be a basis for a suppression motion in your case. If the officer did not observe you driving, and you were not doing anything that would warrant him having stopped to speak with you, then the stop was without adequate justification. The officer is required...

    1 person marked this answer as helpful

  10. Can parents/family of a minor, who is charged w/robbery&commited to DJJ view case post-diposition?

    Answered almost 5 years ago.

    1. David Michael Murphy
    1 lawyer answer

    Under Welfare & Institutions Code Section 827, the parents/guardians of a minor are entitled to view the juvenile court records without a court order. It would be easiest for the parents/guardians of the minor to view the records and then have the necessary conversation with the minor.

    1 person marked this answer as helpful