Mark A. Broughton’s Answers

Mark A. Broughton

Fresno Violent Crime Lawyer.

Contributor Level 17
  1. How can I ask to fire my public defender for in effective counsel? Its sentencing and will the judge deny it?

    Answered almost 2 years ago.

    1. Harry Edward Hudson Jr
    2. Mark A. Broughton
    3. Antoinette Cara Liewen
    4. Anthony Michael Solis
    5. Lee Alan Thompson
    6. ···
    6 lawyer answers

    If he is your boyfriend's attorney he does not represent you. He represents him. But if your boyfriend thinks his public defender has provide him ineffective assistance of counsel he can address this with the judge in a closed hearing. He does this by making what is called a Marsden motion, or a Marsden hearing. The judge will listen to his complaints, and the response of his public defender, and then decide if your boyfriend should have a replacement public defender. This issue can, and...

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Entrapment defense?

    Answered over 1 year ago.

    1. Jared Parnell Eisenstat
    2. Mark A. Broughton
    3. Dan Eugene Chambers
    4. Kelvin P. Green
    5. Brian K Wanerman
    5 lawyer answers

    I agree with the previous answer but would add that it is water under the bridge since your motion was set aside. Unfortunately, this is something that should have been evaluated before you entered your plea. Entrapment is a very hard defense to prove, however.

    13 lawyers agreed with this answer

  3. If I never had my rights read to me does the arrest still stand up in court?

    Answered over 1 year ago.

    1. Leigh Gretchen Fleming
    2. William Peter Daley
    3. Mark A. Broughton
    4. Antoinette Cara Liewen
    5. Mark Lawrence Deniz
    6. ···
    9 lawyer answers

    Just because you blew a .07 does not mean you cannot be charged or convicted of a DUI. There are actually 2 DUI laws: driving with a .08 or greater, and driving under the influence of alcohol and/or drugs. If you were stopped for irrational driving and performed poorly on your field sobriety tests, you could still be charged under the latter section. True, you could prevail with a good criminal defense attorney, but just because you didn't blow a .08 or more is not necessarily the ind of the...

    13 lawyers agreed with this answer

  4. Will his bail be revoked and he'll have to go back to jail or, worse yet, be deported?

    Answered over 1 year ago.

    1. Anthony Michael Solis
    2. Giacomo Jacques Behar
    3. Michael Kevin Cernyar
    4. Mark A. Broughton
    5. John K Lassen
    6. ···
    7 lawyer answers

    Yes, I agree with both the other answers

    13 lawyers agreed with this answer

  5. Will my cousin serve life if convicted?

    Answered over 1 year ago.

    1. Mark A. Broughton
    2. George Ellis Corson IV
    3. Jerome Jacques Haig
    4. Michael Kevin Cernyar
    5. Oscar Ernesto Toscano
    5 lawyer answers

    With two prior strikes and current serious or violent felonies, yes, he will be looking at life if convicted on these charges. No, he cannot get the death penalty. He will get a parole date but that might be many, many years in the future. He is best chance is to be acquitted at trial, or negotiate a plea deal that takes life off the table. He is going to need a good criminal defense attorney to do either.

    13 lawyers agreed with this answer

  6. Charge with dui while car was parked can I fight the case or have it reduce?

    Answered 7 months ago.

    1. Mark A. Broughton
    2. Amie Hamilton Beighley
    3. Julia E. Simmons
    4. Larry Forman
    5. James Roy Dickinson
    6. ···
    11 lawyer answers

    Relieve your anxiety and contact a criminal defense attorney soon. You may have defenses that should be explored. There is missing information that will be very important in handling your case. Do not forget that you have to request a DMV hearing within 10 days or you will lose your license regardless of the defenses you may have to the charges.

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  7. Could two mathematically incompatible BAC results be admitted in DUI case?

    Answered about 2 months ago.

    1. Mark A. Broughton
    2. Matthew Murillo
    3. Brian David Mcginity
    4. Peter John Marek
    5. Sergio Humberto Benavides
    5 lawyer answers

    The problem is that both results are over .08% and within .01 of each other. The law says that this is sufficient to show that the blood resuts are admissible to prove you were driving with a blood alcohol contect of .08 or greater. Your attorney can have the blood retested, and analyzed to try and show that the true value was under .08.

    12 lawyers agreed with this answer

  8. Which one can get me drunk faster? Whiskey or Vodka?

    Answered over 1 year ago.

    1. Ronald J Brandmayr Jr
    2. Dan Eugene Chambers
    3. Mark A. Broughton
    4. Ted Harvatin
    5. Christopher Irvin Simser
    6. ···
    10 lawyer answers

    Unbelievable!

    12 lawyers agreed with this answer

  9. Daughter 14 accused of molesting gddaughter 4. Under investigation. Can something be done b4 charges filed to help?

    Answered 7 months ago.

    1. Mark A. Broughton
    2. Jay Scott Finnecy
    3. John David Rogers
    4. Moises Aguilar
    5. Nicholas Milan Loncar
    6. ···
    7 lawyer answers

    Yes, and attorney can help and should be retained if only to discuss the matter with the DA and/or the investigating agencies, and to represent the child in any discussions with the police - it is very important that the 14 year old not make any statements to the police without his/her attorney present. I have had clients as young as 9 years old being prosecuted in juvenile court for sex crimes. There really is no age limit and it can be a nightmare dealing with the government in these...

    11 lawyers agreed with this answer

  10. I cannot afford the 10% fee usually charged to bail my friend out of jail.($110,000)Is there any other way to bail him out?

    Answered over 1 year ago.

    1. Mark A. Broughton
    2. Sholeh Iravantchi
    3. Michael Kevin Cernyar
    4. Dean George Tsourakis
    5. Vijay Dinakar
    5 lawyer answers

    I agree, do not contact the prosecutor. Rather contact his attorney. That is a pretty significant bail amount, and either indicates a serious charge or multiple statutory bail amounts combined for alternative counts. He is entitled to a bail hearing if the issue and the judge can consider either reducing bail (to an amount that you/he can afford, hopefully), or being released OR. In any event, if he cannot make bail he will have to remain in custody unless he is released by the jail for...

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