Mark A. Broughton’s Answers

Mark A. Broughton

Fresno Criminal Defense Attorney.

Contributor Level 16
  1. Traffic Trial

    Answered about 1 year ago.

    1. Mark A. Broughton
    2. Sharon Paris Babakhan
    3. Michael Moshe Levin
    4. Andrew Stephen Roberts
    5. Michael Kevin Cernyar
    5 lawyer answers

    You won't have to worry about PC 1118. And there is no way to make a trial lawyer out of you in short order. It takes years to learn our profession, even many years of experience to become a seasoned trial lawyer. As we always say, consult with, or hire an attorney to help you.

    10 lawyers agreed with this answer

  2. I was arrested for DUI yesterday, and I have a few questions as to the likely outcome.

    Answered about 1 year ago.

    1. Mark A. Broughton
    2. David Leonardo Rencher
    3. Matthew Murillo
    4. Wade J. Skalsky
    5. David Alexander Blair
    6. ···
    9 lawyer answers

    You need to contact an attorney right away. There are a number of issues that pop out to me here. If you "refused" to take a chemical test you will lose your license for a year even if you had nothing to drink, if the officer has a reasonable suspicion to suspect you have been driving while under the influence. There are other issues as well. You only have 10 days to take action with the DMV, so getting a lawyer immediately is imperative. Good luck!

    10 lawyers agreed with this answer

  3. In California, is a petty theft case (488 PC) a misdemeanor or an infraction if the item was under 50$?

    Answered 11 months ago.

    1. Mark A. Broughton
    2. Michael Kevin Cernyar
    3. Andrew Stephen Roberts
    4. William Carlos Makler
    5. Dan Eugene Chambers
    6. ···
    8 lawyer answers

    I agree with Mr. Cernyar that you may be able to get diversion or an infraction. Many jurisdictions have eliminated diversion programs for budgetary reasons, however. Another approach is a deferred entry of judgment, which is similar to diversion; in this situation, the accused enters a plea, stays out of trouble for 6 to 12 months, usually performs some community service, and if successful, the charges are dismissed. The judge and/or the DA must authorize it, very similar to a formal...

    Selected as best answer

  4. Is it possible for a 14601.2 be reduced to a 14601.1?

    Answered 11 months ago.

    1. Michael Jon Fremont
    2. Terry Alan Wapner
    3. Mark A. Broughton
    4. Andrew Stephen Roberts
    5. Greg Thomas Hill
    6. ···
    6 lawyer answers

    Yes, it is possible but as the others have said, it depends on several factors. Consult with a criminal defense attorney who can assist you with your case.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. If police were not called to a shoplifting incident, could they be called or informed after the fact?

    Answered 11 months ago.

    1. Greg Thomas Hill
    2. Mark A. Broughton
    3. Andrew Stephen Roberts
    4. Dan Eugene Chambers
    5. Brian K Wanerman
    5 lawyer answers

    It is possible, but unlikely considering the amount. The longer it goes the less likely it becomes.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can you get a strike for Attempted residential burglary in California ?

    Answered about 1 year ago.

    1. Michael Kevin Cernyar
    2. Mark A. Broughton
    3. Anthony Michael Solis
    4. Joseph Salvatore Farina
    5. Anthony Janji
    6. ···
    7 lawyer answers

    Yes.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I had a wet reckless 14 years ago, can that be used against me now in a DUI charge by the DMV and the courts?

    Answered about 2 months ago.

    1. Mark A. Broughton
    2. Hudson Thomas Bair
    3. Jay Scott Finnecy
    4. Michael Kevin Cernyar
    5. William Mathew Concidine
    6. ···
    14 lawyer answers

    Not to operate as a second conviction. It would have to be within 10 years of the current offense. But the DA will see it in your record and it could come into play.

    9 lawyers agreed with this answer

  8. Job background check states i have a felony theft warrant from Wa,state from 2008 Live in another state since 2011 statue of lim

    Answered 12 months ago.

    1. Mark A. Broughton
    2. Greg Thomas Hill
    3. Sharon Paris Babakhan
    4. Dean George Tsourakis
    5. Stephen Amory Meister
    5 lawyer answers

    If the charge are filed and a warrant is issued within the statute of limitations period, the statute is tolled. You may have some other defenses, however. You should contact an attorney in Washington State to discuss your options

    9 lawyers agreed with this answer

  9. - Do I need a lawyer? - How can I get this to a lesser offence? - Is it possible to not have this offence on my record?

    Answered 12 months ago.

    1. Dolisa A. Colley
    2. Antonio Raul Perez
    3. Marvin Ezequiel Vallejo
    4. Mark A. Broughton
    5. Joseph Briscoe Dane
    6. ···
    14 lawyer answers

    Yes, an attorney can help. The prosecutor will probably know about your previous offense if it resulted in a conviction, and of this case results in a filing it will be reflected on your record. You're a young guy; I hope you have learned your lesson this time.

    9 lawyers agreed with this answer

  10. How long does one have to file an appeal on a motion to suppress? Can one get extended time by just filing notice of appeal?

    Answered about 1 year ago.

    1. John M. Kaman
    2. Mark A. Broughton
    3. Andrew Stephen Roberts
    4. Dean George Tsourakis
    4 lawyer answers

    Your attorney should be assisting you with this. Interestingly, there were some very recent cases on just this issue that should be reviewed before deciding to seek appellate review. I'm sure your attorney has looked into this and will advise you accordingly.

    9 lawyers agreed with this answer

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