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Mark A. Broughton
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Mark Broughton’s Answers

1,250 total


  • I have a pending felony commercial burglary case against me that the DA rejected 1 day before the arraingnment date for "pending

    I have a pending felony commercial burglary case against me that the DA rejected 1 day before the arraingnment date for "pending for further investigation" the police came into my home 1 month ago and arrested me on a search warrant. like i said t...

    Mark’s Answer

    When police officers believe they have probable cause to arrest, and obtain a warrant, they can arrest you. If you are out of custody (I assume you are since the arraignment is 3 weeks after your arrest) , you were given a court date. Meanwhile, the police reports then go to the DA who decides if they have enough evidence for file charges and get a conviction. If the DA believes they need some more information, they don't file charges before your court date and ask the arresting agency to obtain "further information." Once that information is acquired, the case is sent back to the DA who decides again if there is enough to file charges. If so, the case is filed; if not, the case may be rejected altogether or sent back again for follow-up. The DA has until the statute of limitations to file charges or the case is barred as a matter of law.

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  • Is it possible to get two strikes for one crime? convicted. served. can I get one removed? if so, how?

    strikes

    Mark’s Answer

    Yes, you can get two or more strikes in a single incident, which is what I think you are asking. This can get rather complicated in terms of some other issues, but yes, it is quite possible and happens all the time. They cannot be "removed" but there may be some remedies that can be explored. Contact an attorney to explore your possible options.

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  • When will expunged misdemeanor show as "expunged" or "dismissed" in case index?

    Misdemeanor conviction expunged 3 weeks ago, but still shows as misdemeanor instead of "dismissed".. how long does it take for online records to be updated? I'd like to start applying to better jobs..

    Mark’s Answer

    Yes, it could take 4-6 weeks or longer. Meantime, you could get a copy of the minute order of the hearing in which your motion was granted. This will show that the charge was dismissed. At least you could show this to a prospective employer and explain that you are awaiting the official record to be updated.

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  • What should I expect in court ? What's gunna happen ?

    I am 18 I stole $87 from my work that I'm really regretting I was caught up in the moment and didn't know what to do so I took the money not thinking of the consequences that I told come with .... I'm really scared I've never done anything like th...

    Mark’s Answer

    It depends on the charges that are filed. If it is filed as an infraction ( like a speeding ticket, fine only, no jail possible) it will be a simple matter. If it is filed as a public defender will be appointed to you. You will be able to discuss the case with him/her before the hearing. It is also possible that the charges will not be filed yet. Then the court may order you to return at a future date, or simply await for a new court date in the mail. Don't lose any sleep, but I think you learned your lesson....

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  • What is the next step at court? How do I find out if I'm being charged?

    Hi...I was arrested almost 3 weeks ago on a Ramey Warrant for a 653A PC. A friends wife and a few other people in my contact list have recieved texts as well from an App, they said dirty things and sent an obscene picture (picture was not me) but ...

    Mark’s Answer

    Definitely have an attorney represent you and do not communicate with the police about the case without your attorney present. By doing so yourself you may well be further incriminating yourself, though you think you are helping yourself. A good criminal defense attorney will know the right way to handle your case and vastly improve your chances for a favorable result.

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  • Should I avoid having sex with my underage boyfriend completely? Would you advise against having sex?

    My boyfriend and I started dating when he was 16 and I was 17 (we are both males), since then I have turned 18 and he's still 16. We're almost exactly one and a half year apart in age. We have been dating for about three months now. We've come clo...

    Mark’s Answer

    • Selected as best answer

    Don't do it. As the others have said it is a crime to have sex if either of the participants is under 18. You don't know what is going to happen in 6 months or a year from now. You may trust him but that will be no defense if his parents or someone else finds out. Just wait, hard as that may be to accomplish.

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  • My husband was just arrested at our home for dui crash. they have proof. he left a bar and hit a parked car what can we do?

    my husband was just arrested at our home for dui crash. they have a cell phone pic of his liscence as he left a bar and hit a parked car. he was home for at least 45 minutes? he said he drank while home what can we do? Seaside, California.

    Mark’s Answer

    Although it may be too late, he should not make any statements to the police without an attorney present, and hire a good criminal defense attorney as soon as possible.

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  • What kind of & how much evidence or probable cause is needed by law enforcement to arrest and hold someone for rape?

    All I know is my brother is being charged with pc261(a)(2) rape by force of threats or fear, in eureka CA on 11/28/15. I want to know what kind of & how much evidence or probable cause is needed by law enforcement or arrest & keep him in jail whil...

    Mark’s Answer

    Yes, that's all the probable cause that is needed and yes, rape cases very often boil down to he-said she-said. But all of the facts and circumstances need to be reviewed and sometimes, as they develop, the alleged victim's story and credibility become compromised such that the case can be settled or dismissed. Best to have an experienced criminal defense attorney in a case as serious as this one.

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  • How to obtain a subpoena in Riverside county

    I need to acquire information for trial in a Riverside county Superior Court criminal trial. Specifically subpoenas for officer equipment logout sheet, breathalyzer operators manual and repair orders, officer's previous DUI investigation forms, ar...

    Mark’s Answer

    Yes, you are swimming up stream without a paddle, and being penny-wise and pound foolish. Hire an attorney - that's your answer.

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  • Got caught stealing at Sephora in JCPenny.... Im 18

    Hello, my friend and I were recently caught shoplifting in a CA Sephora. I was caught for an amount less or around $125 and she was for an amount less than $350. The LP Officer told us we were banned from the store (we signed a Trespassing Form) f...

    Mark’s Answer

    I agree with my colleagues that this type of crime, although seemingly small at the time you make the incredibly stupid decision to do it, can have dire consequences; and that to get the best result you should have a good criminal defense attorney represent you. It will cost you some money but not doing so may cost you much more in the long run. Be honest with your parents but decline to write any more about what happened on social media.

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