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Ronald T Murphy

Ronald Murphy’s Answers

6 total

  • If a 15 year old girl has sex with an 18 year old male with mild autism, will the male go to prison?

    A 15 year old girl and an 18 year old male with slight autism (PDDNOS) were dating, and the female met him over at the park one day and had sex with him. The male did not start it, the girl did. The male simply allowed it because they liked eachot...

    Ronald’s Answer

    First, he cannot be "forced" to speak with the detective or police or girl's family. He has a constitutional right to remain silent and not answer any questions. This right is ABSOLUTE regardless of what the police might say to scare him.

    Second, consult with an experienced criminal defense lawyer BEFORE speaking to the police about this allegation and investigation. That lawyer might advise (and probably will) to NOT speak with the police at all. Do NOT let the police persuade you to speaking with them. The police can and will lie to suspects to get them to talk.

    Third, do NOT disclose any additional information about this alleged incident in this public forum.

    Fourth, I can't tell based on the information given whether he will be arrested. Sometimes, in such a situation an arrest can be avoided; sometimes not. Consulting with an experienced criminal defense lawyer might help to avoid an arrest but no lawyer can guarantee an arrest can be stopped.

    Fifth, if the police are going to seek an arrest warrant, an experienced CT criminal defense lawyer might be able to speak with the prosecutor or insist on exculpatory information (autism issues for example) being included in the arrest warrant application.

    Sixth, if the police are going to seek an arrest warrant, a good criminal defense lawyer might be able to assist in arranging a voluntary surrender and getting a lower bond and other important matters.

    - Attorney Ron Murphy

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  • Can someone on probation in CT be violated by their probation officer for leaving the state to go to a rehab program?

    -Probation officer contacted the mother of the person on probation, we'll call him Matt. -Officer said Matt needed to go to a rehab program or she would violate him and he'd go to jail. -Matt's mother brought him to a detox program in Hartford w...

    Ronald’s Answer

    As indicated by other answers, a probationer usually cannot leave the state without the permission of the probation officer (PO) or court (if the PO refuses to give the permission). Assuming he went to FL only for the mandated rehab program, ultimately this should be no big deal. But someone needs to explain the misunderstanding to the PO and ask for forgiveness and establish Matt's attendance at the rehab program etc. so as to persuade the PO to not seek a violation of probation (VOP). If the PO files the VOP, then the prosecutor will have to be persuaded to not prosecute the alleged violation. Depending on the PO's attitude toward Matt and the situation, Matt may need to get a lawyer. If Matt had a lawyer in the underlying case that lead to his conviction, that lawyer would seem to be the logical starting point. Otherwise Matt might need to get new counsel. Obviously, Matt needs to gather the proof of his participation at the FL rehab facility as soon as possible, regardless of whether he gets a lawyer because he will need that to prove he has satisfied the condition of rehab treatment and to "explain" his departure from CT.

    - Atty. Ronald Murphy

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  • Can I back out of a retainer agreement if it's on a personal injury contingency fee?

    I had a few law firms looking at my case, after the initial investigation I signed with law firm A, (law firm B & C was taking longer to investigate) but didn't notify law firm B and C. Law firm B now wants to sign a contract and law firm C isn't...

    Ronald’s Answer

    • Selected as best answer

    Except for certain exceptions not applicable to your situation, a client has an absolute right to terminate a lawyer's representation at anytime for any reason or no reason at all. So there are no ethical or contractual reasons prohibiting you changing firms. The first firm might claim some interest in the fee depending on how much work they have invested or expenses advanced etc., but that should not affect you as the total fee to be paid to all the lawyers cannot exceed the contingency fee percentage you agreed to. In other words, the law firms will have to work out the fee split between them.

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  • I believe my attorney is overcharging me. I've already paid a $1,500 retainer, and now he is requesting more money.

    My attorney led me to believe that the retainer would cover the complete cost of my case. Now he is requesting more money for "filing charges", that he said he "failed to mention before hand". Should I pay the money or quit while I'm only $1,500 d...

    Ronald’s Answer

    You ask if you should pay more money to the attorney for filing fees or quit while only out $1,500?

    Well that is difficult to answer based on the limited information you have provided. But here are some general questions to get you started on the analysis:

    How good is your claim? What type of claim is it? If you get a judgment, would it be collectable? How much more would you be required to pay in attorney's fees or file expenses? Is your claim about money only or are there other reasons you are making the claim? How will you feel if you abandon the claim? How will you feel if you pursue the claim but end up losing?

    These are only some of questions you need to discuss with your current lawyer. But it also seems that you have lost some confidence or trust in your lawyer so the first thing you need to do is have a candid conversation with your lawyer about your concerns to see if you can get back on track with this lawyer.

    As others have mentioned, what does your fee agreement with the lawyer say about attorney's fees and expenses? (Note: I don't know what jurisdiction you are in, but most states require a lawyer to have a written fee agreement with a client (especially a new client for the lawyer.) That should be the starting point for analyzing your "money" concerns about whether to proceed with your claim.

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  • What is a normal sentence/punishment for two counts of breaking and entering (in CT)?

    The person in question will be definatley convicted. Also, what are the effects that being a convicted felon will have on him in the future?

    Ronald’s Answer

    That depends on a number of factors, such as: the prosecutor's attitude; the sentencing Judge; the victims' position; whether restitution was made or is possible; what type of criminal record the defendant has, if any; whether there are any mitigating factors in the defendant's background; whether there was addiction issues and if so, the type of treatment the defendant has sought; the defendant's general background, etc.

    As you can see, there is no simple answer to the question. Hopefully the defendant has competent Connecticut criminal defense counsel to assist him through the process.

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  • I was involved in an car accident, where I was at fault because of a stop sign, can I sue?

    Even thought I was hit I was at fault. It was clear so I went, then here comes this lady flying out of no where doing about 40-45 mph. What should I do?

    Ronald’s Answer

    You ask "can I sue?" The answer to that question is anyone can sue another person. The real question is should you? Perhaps the best way to get an answer to that question is to call personal injury lawyers in your area and determine if they are willing to take your case on a contingency fee basis, which means you don't pay an attorney's fee unless there is a recovery. A good PI lawyer will determine if liability can be established in your favor.

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