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Mark A. Broughton
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Mark Broughton’s Answers

1,199 total


  • Disclose 2 charges or 1?

    In 2013 I caught two separate HS11377 charges, when all was said and done they were ran concurrent and I was sentenced. My question is, on a pre employment backround check do I need to disclose these as separate charges or can I disclose it as a s...

    Mark’s Answer

    They are two separate charges even though the sentences were run concurrently. Disclose cautiously and honestly.

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  • What Should We Do?

    My cousin and I were involved in an accident where the driver of the other car died. The driver from the other car was with 3 other people as well. They suffered major injuries, while I suffered minor injuries but I was hospitalized as well. My co...

    Mark’s Answer

    This is a very serious situation but there may be defenses. I suggest a very good and experienced criminal defense attorney, one who has tried a lot of cases and knows how to handle a DUI homicide case. Hire the best attorney you can afford and be prepared to amass the proper experts to analyze the case. We cannot tell you here what can be done because these situations are way too complicated to give meaningful advice on a brief set of facts.

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  • My brother had been accused for assault with deadly weapon on an incident that occur on that particular day and in all reality

    He wasn't involved at all. He was hone on bed rest cause he was just shot in the back.there is no way he was involved at all but witnesses said it was him one of the other 3 suspects that tried robbing them..and ran into our residence and fired g...

    Mark’s Answer

    The help you need will come from a good criminal defense attorney who can dissect the facts and attack the government's case. Incorrect witness IDs are one of the most leading causes of wrongful convictions. Hire a good attorney to represent your brother.

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  • Will filling out a 1381 form guarantee release?

    My boyfriend is due to get release in less than 30 days. He plans to fill out a 1381 for a case that he has pending. Will they still hold him eventhough he will barely turn in that form?. I just want to make sure he will get release since i will b...

    Mark’s Answer

    Not nessarily. He waited too long to file it so there's no guarantee he will be brought to court before his term is up. You can check to see if there is a warrant issued for that case; if not, he may get released even though it is pending. You could also consult with his attorney in that case to get some solid advice.

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  • Why would transcripts of my preliminary hearing be missing major parts and have other parts "edited"

    so after my preliminary hearing for a felon with a firearm case i got the transcripts from my attorneys and at first i thought i was missing pages because probably half of my witnesses testimony that was contradicting what the cop wrote is missing...

    Mark’s Answer

    All testimony at the prelim should be transcribed. Check the page numbers to see if any are missing and speak to the attorney who did the prelim.

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  • POLICE CORNERED HIM IN A DEAD END STREET. HE DROVE TOWARDS THE POLICE CAR AND MISSED A BYSTANDER. AND POLICE BY INCHES. WEAPON?

    CHARGES ARE TWO COUNTS OF ASSAULT WITH A DEADLY WEAPON . WHAT ARE THE CALIFORNIA PENALTIES? HE HAD SHAVED KEYS IN THE STOLEN CAR.

    Mark’s Answer

    Yes, he faces up to 4 years for the ADW/vahicle, and two counts exposes him to 5 years in prison. He might also be charged with vehicle theft/receivng stolen property relative to the vehicle, and possibly an evading arrest charge, to name a few. He needs a good criminal defense attorney to represent him.

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  • Forgotten wreckage of my past...

    27 yrs ago, got another DUI (in VA). A lot has happened in 27 yrs--moved to CA; 24-yr relationship w/boyfriend-turned-sober husband; graduated college (AA - computer programming; BA - health & human scvs); worked as adjunct faculty/ software & of...

    Mark’s Answer

    I'm not sure there's anything you can do, or need to do with a DUI that old. But, contact an attorney in VA in the county where the conviction occurred. See if there is an "expungement" process in that state and if so, how you go about doing it. Sometimes, you cannot erase the past but you can learn from it and overcome it. You seem to have done that quite nicely. Keep trudging the road of happy destiny....

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  • What are the chances of being set free if you have life in prison WOP if the sentencing was wrongfully charge?

    The crime is murder but it was self defense

    Mark’s Answer

    If convicted of murder with LWOP sentence, none, unless the person was a minor at the time of the incident, or the case is reversed on appeal or habeas. Self defense is a complete defense but would be raised in trial where the jury decides if it applies on the facts of the case.

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  • Can they charge my 14yo son with a SeXual crime if he had consensual sex with his 12 yo girlfriend in California

    Both ran away for 2 days together. When they returned and questioned by cops it came out that they had sex. They charged my son with some type of sex crime. I am worried because I don't want my son having to register as sex offender

    Mark’s Answer

    Yes, he an be charged. Assuming the encounter was not forced or coersced, he may be eligible for a diversionary program and because of his age he may be able to avoid lifetime registration. You would be well advised to hire a qualified criminal defense attorney for your son.

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  • How come some people are arrested after a search warrant is executed and others are not?

    I always thought that if law enforcement executes a search warrant and they found evidence of a crime (i.e. drugs, porn), that they arrest people at that moment.

    Mark’s Answer

    Not always, especially in child pornography cases. In those types of cases, the government can spend months or longer conducting their investigation, which includes analyzing the computers or other data before deciding to file a case. It can be filed in either state or federal court, depending on what they find. Conversely, for example, in drug cases it is common for an arrest to be made immediately when drugs are located. So, it depends on the case and a few other factors.

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