Mark A. Broughton’s Answers

Mark A. Broughton

Fresno Criminal Defense Attorney.

Contributor Level 16
  1. How will a past DUI conviction in California effect someone who gets another one in Louisiana

    Answered 12 months ago.

    1. Michael Jon Fremont
    2. Mark A. Broughton
    3. Michael Moshe Levin
    4. Sharon Paris Babakhan
    5. Michael Kevin Cernyar
    6. ···
    6 lawyer answers

    That will depend on the laws of Louisiana and how it handles out of state prior DUIs. An attorney there should be consulted.

    9 lawyers agreed with this answer

  2. Going from wet and reckless to dui, still harsh punishment?

    Answered about 1 year ago.

    1. Wade Jonathan Skalsky
    2. Mark A. Broughton
    3. Cameron Herl Day
    4. Michael Jon Fremont
    5. Sharon Paris Babakhan
    6. ···
    7 lawyer answers

    Yes, your "wet reckless" will count as a prior conviction, making your new case a second DUI within 10 years.

    9 lawyers agreed with this answer

  3. Can the prosecution get evidence suppressed, or can only the defense do that

    Answered over 2 years ago.

    1. Mark A. Broughton
    2. Shawn B Collins
    3. Tai Christopher Bogan
    4. Olga Kelley
    5. Ryan James Tegnelia
    5 lawyer answers

    The defense does have disclosure obligations under the discovery statutes. If the evidence is going to be used at trial, the defense may have to disclose it prior to trial or the prosecution may be able to have it "excluded" from the trial, or some other less onerous remedy. Exclusion is not the same as suppression, as pointed out, but the defense is not entitled to avoid statutory procedures and sandbag the prosecutor (unless you have a very schrewd attorney and the right situation!)

    9 lawyers agreed with this answer

  4. I got a DUI and being charged with vc23152(a)(b) and vc23578/F1 (2cnts) what does the 2 cnts mean and why?

    Answered 10 months ago.

    1. Michael Jon Fremont
    2. Mark A. Broughton
    3. Katherine Laurie Schwinghammer
    4. Andrew Stephen Roberts
    4 lawyer answers

    It means that the DA is alleging that you have a blood alcohol of .15 or greater, or refused to take a chemical test. It probably means that one count applies to each count of DUI, and is usually alleged as an enhancement to each count. It means that the judge can increase penalties on either count if you are convicted and those facts are found true. You need an attorney to help you with this case if only because of these allegtions.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How many extensions can you get on your MADD class?

    Answered 8 months ago.

    1. Mark A. Broughton
    2. Daniel R Perlman
    3. Peter John Marek
    4. Michael Rutledge Norton
    5. Joel W. Bailey
    6. ···
    6 lawyer answers

    How close are you to completing your courses? If you have done all but a couple that is one thing. If you haven't started, that will be another. Either way, your best choice is to ask the judge before the time runs out because if it does and you haven't finished you run the risk of a violation of probation. If the judge does grant you another extension, finish it this time...no excused!

    8 lawyers agreed with this answer

  6. Can I press charges for rape if it happened two years ago?

    Answered 9 months ago.

    1. Mark A. Broughton
    2. Greg Thomas Hill
    3. Andrew Stephen Roberts
    4. David Philip Shapiro
    5. Vijay Dinakar
    6. ···
    6 lawyer answers

    Yes. Report it to the police. They will conduct an investigation and if they develop enough evidence charges will be filed by the DA. These are not easy cases for anyone, especially the victim, who will have to recount the incident(s), and testify if necessary. There are support groups and victims' advocates services she can use to help her through the ordeal. That it has been two years does not help but it does not preclude going forward.

    8 lawyers agreed with this answer

  7. How long does a misdemeanor stay on your record for?

    Answered 9 months ago.

    1. Michael Kevin Cernyar
    2. Mark A. Broughton
    3. Andrew Stephen Roberts
    4. Stephen Troy Allen
    5. Sarkis Jacob Babachanian
    6. ···
    7 lawyer answers

    'Til the end of time. But there is a remedy that can lessen the blow. Talk to an attorney to discover your options.

    8 lawyers agreed with this answer

  8. If my felony case was disposed, is that the same as expunged? I'm trying to get a job and I need to know. thank you

    Answered 9 months ago.

    1. Mark A. Broughton
    2. Michael Douglas Shafer
    3. Jonathan Aaron Weinman
    4. Christine C McCall
    5. William James Campbell Jr
    5 lawyer answers

    If by "disposed" you mean dismissed, then no conviction will show on your record and you can answer that you have no convictions (unless you have some other conviction). But if "disposed" means that you entered a plea of some sort, then you have a conviction. You will need to be a bit more clear.

    8 lawyers agreed with this answer

  9. I NEED HELP ASAP.. IN fontana ca Can brother get muder or manslaughter chargers...can he win case..where to find a Lawery.

    Answered 9 months ago.

    1. Mark A. Broughton
    2. Benjamin Alika Okin
    3. Michael Stewart Phillips
    4. Joshua Peter Visco
    5. Philip Courtland Greenberg
    6. ···
    6 lawyer answers

    Your brother really needs to get to a qualified criminal defense attorney as soon as possible. As I am sure you know, this is a very serious situation. He should not make any further statements to law enforcement, or post anything on any social media site about the incident. Avvo is a great place to start his search for an attorney; by reviewing profiles and reading about the attorneys, he can chose one or more with whom he would like to consult. Many offer free initial consultations, but that...

    8 lawyers agreed with this answer

  10. Where can I get sentence modifications at ? In riverside and are they free?

    Answered 10 months ago.

    1. Mark A. Broughton
    2. Greg Thomas Hill
    3. Andrew Stephen Roberts
    3 lawyer answers

    There is not enough information here, and I think you are a little confused. It is hard to explain in this brief forum, but basically consecutive means that the sentences run one after the other, or not at the same time. Concurrent means that the sentences run together. In a concurrent sentence of 2 years on each of 2 counts, the sentence is 2 years. In a consecutive sentence of 2 years on each of 2 counts, the sentence would be 4 years (but it really doesn't work exactly that way; the actual...

    8 lawyers agreed with this answer

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