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Mark A. Broughton
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Mark Broughton’s Answers

1,250 total


  • Can an officer share information from a case or from an interrogation with anyone? Or even with a suspected suspect?

    I don't know if im asking this right hopefully it makes sense.

    Mark’s Answer

    Your question is a little broad. While I agree with the previous answer generally, when interrogating a suspect or witness, investigators may disclose certain information they have obtained from other witnesses in an effort to get the response they are looking for; if it is a suspect, they usually want a confession or admission to something that will incriminate them. But officers do not usually share information about an ongoing investigation to others, including the suspect or his attorney until charges are filed.

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  • Can i stillrenewmy daca no charges been filled out yet what should i do

    I was arrested for possesion for sale marijuana and addict to vechicle got my lisence back came out clean in urine test. Went to court twice. Got mybail exanarated. No charges been filed. I have to renew my daca. Can i still renew it?

    Mark’s Answer

    • Selected as best answer

    This is really a question you should be asking an immigration attorney. I'm sure there is more information needed, but the immigration attorney can get all the pertinent information.

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  • When do Feds file charges?

    I have a situation where I'm being investigated for my business practices by the FTC in the California district. An attorney I saw on TV said that a major difference between the Feds and the states, is that Feds will only file criminal charges whe...

    Mark’s Answer

    • Selected as best answer

    That's not the way I would phrase it, but yes, they do win the vast majority of the cases that go to trial. Most cases end in pleas if only for the fact that the accused can't take the risk of substantial federal custody time if they are convicted at trial. That having been said, the feds take a long time investigating their cases and usually do not file a complaint (or seek an Indictment) until they are fully ready. By way of example, I just got a case on my desk right now where the investigation began in November, 2014, and the Complaint was filed in December, 2015 - over a year. I have seen them longer than this. When the feds decide to take a case, they don't pursue a Complaint or Indictment until they are completely ready.

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  • What are the possible outcomes of this violation? Is it possible to have the probation reinstated?

    Husband got picked up on felony probation violation for not checking in with po. All fines and classes are completed. Warrant has been out for 3 years. Plead to 245 a 2. Sentenced to 270 days.

    Mark’s Answer

    If the ONLY thing that is alleged as a violation is failure to report, and it has been 3 years since the warrant was issued, and there have been no new law violations, and the probationer has led a law-abiding and productive life since that time, and there were no other violations of probation, and the reason for failing to report to the probation officer is reasonable, and there is not a "stayed" prison term, and all fines, fees and restitution has been paid, it is possible that the judge would simply terminate probation. This could be explored with the help of a good criminal defense attorney's assistance. Of course, as the others have said, the judge could impose up to the maximum in state prison, less the time already served, or reinstate probation with some additional "punishment" for the violation. There are many things that could happen in this situation.

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  • Is there anything else he could do besides take a strike

    My 16yr old is being charged with a felony. There trying to give him a strike. Is there any other options like enlisting to go to the military or something.. All circumstantial evidence .

    Mark’s Answer

    He has a right to go to trial if he does not like the SA's offer or believes he has defenses. The military probably won't take him with charges hanging over his head. He should have a criminal defense attorney to represent him for the best advice and results.

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  • How much time will they both be looking at?

    My friend was passenger with a family member in which the driver is being charged with felony evading, stolen vehicle Code VC10851A . The passenger is being charged with stolen vehicle also. Now what i think id being considered a stolen vehicle ...

    Mark’s Answer

    Not enough detailed information to answer your question. Felony sentencing is complicated and depends on many factors, including the facts of the current charges, the number and recency of any prior convictions and prison priors, and whether the accused is on probation or parole. Their attorneys will be able to answer the question.

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  • What is a "count" and how are they determined if only one crime is committed?

    If someone kills one person, say they shoot someone 7 times and the victim dies, how can that person be charged with say 4 counts of murder? I understand if there was a charge for murder, a charge for having a gun, but why so many counts of murder?

    Mark’s Answer

    I would certainly need to see the actual complaint to answer your question. You may be confusing an enhancement or special circumstance with a "count." Generally, a homicide may be charged in several different ways in the same complaint as three are different types of "murder" and lesser offenses described as manslaughter. Though lessers of each other, they can be charged as different counts in the same complaint, but the accused, if convicted, can be sentenced to only one. A "count" is a separately alleged offense.

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  • What does that mean in terms of sentencing for him? And/or, is it a good idea to post bail now?

    my cousin was recently arrested, on what we assume to be drug charges. As a past offender, we know he has been arrested countless times, but it is known he is being charged as a felony.

    Mark’s Answer

    In addition to looking to hire an attorney, you can see what his bail is set at presently by contacting the jail where he is housed, and more particularly, find out if he is "bailable." If he has that many priors he may be on probation and if so, his probation may have been summarily revoked. In that situation, is may be that he is being held in custody on that case "no bail," meaning that he cannot be bailed out. So, if you bail him out on his new case he may still not be released because of his "no-bail" status on his probation case. On the other hand, the jail could simply cite him out for overcrowding issues. So yes, check with an attorney to get all the details before deciding whether to bail him out or not.

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  • The 180 days is up already how come shes not out

    My daughter was charged with assault with battery but with not guilty for reason of insanity and her time to of 180 days to do at Napa state hospital

    Mark’s Answer

    More information is needed here. What I think you are referring to is that when a person is found "NGI" they must serve at least 180 in the state hospital before being transitioned back into society. That does not mean that she will only be kept there for 180 days. Her "sanity" must be restored before she can be released, which can take longer than that minimum commitment. Her attorney should be able to assist you with figuring this out.

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  • Can I ask the D.A or judge for a better plea deal on this day?

    What is trial readiness conference in Riverside County Court?

    Mark’s Answer

    I agree with Mr. Marshall. You (should be your attorney) can ask the DA - not the judge - but don't be surprised if the answer is no! Get ready for trial and good luck with that representing yourself....

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