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Mark A. Broughton
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Mark Broughton’s Answers

1,250 total


  • Why would the prosecutor proceed to trial after DNA excludes the defendant?

    1st DNA result was inconclusive leading to a mistrial, and then a specificity dna testing was done which came back negative but the DA still wants to proceed to trial. What could be the reasoning behind such a move?

    Mark’s Answer

    To convict the defendant. The DA must believe the deendant is guilty of the charges - or perhaps a better way of saying it, is that he/she believes the case can still be proven beyond a reasonable doubt. You do not say, but this is often the situation in exoneration cases where the defendant has been convicted and years down the road, DNA (or other evidence) seemingly exonerates the him. Rape cases tend to result in dismissals more regularly when, for example, the defendant is excluded from the DNA from vaginal swabs. If there is enough other evidence, or if there is an explanation for the lack of the defendant's DNA on a given piece of evidence, the prosecution may decide to seek a conviction. DNA is not always the end-all be-all of a case.

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  • I have a DUI misdemeanor warrant for $60K. I walked out on my sentence. Can I take care of this without a lawyer?

    I left the country when I got sentenced. At the time, child support hit me hard, lost my job, house, cars, basically everything. All this happened May 2014. I want to take care of everything, but with the warrant in effect, I can't even get a job...

    Mark’s Answer

    Yes, you can try to resolve this yourself, or with the help of the public defender (if you qualify), but you are much better off hiring an attorney to represent you. Make some calls and see if you can find someone that fits your needs.

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  • I signed a "stay" instead of a "lid" when I took a deal in court. .Can this be lifted or overturned?

    When I was arrested for carjacking I had poor legal help and signed to a stayed sentence of five years. I didn't understand what a stay was at the time. I completed my jail time on that case however when released to a drug program (Part of my se...

    Mark’s Answer

    ehThee answer depends on several factors. But yes, if the judge finds you in violation of probation (leaving the program) technically, the only thing he/she can do is lift the stay and impose the sentence already imposed - to which you agreed. In some instances, the judge will not find a violation, give you another chance and send you back into the program. It is very unlikely that you will be able to get around the "stay" you signed up for on the basis now that you didn't understand. A little late for that....

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  • Macy's - burglary felony pc459

    I was caught shoplifting at Macy's. Total was almost $1,800. I was stopped exiting Macy's into mall. With my daughter in stroller. I have no prior record. I paid my bail $2,500 since it was set at 25,000 I would like an attorney who has exp...

    Mark’s Answer

    You can use the "Find A Lawyer" function here on Avvo to find a lawyer in your area. You can read their profiles and reviews and decide which one looks the best to you. Yes, under the parameters you describe you are going to want to hire a good criminal defense attorney.

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  • Removal and search of passengers in a vehicle stopped for expired registration.

    The vehicle in which we were in was stopped for expired registration. The stop was justified. After the officer decided the driver of the Vehicle was guilty of a DUI. He cuffed him n Sat him on the curb. He turned his attention to the front seat p...

    Mark’s Answer

    Yes, it could be legal or not depending on the facts and circumstances. It certainly needs to be explored in more detail as these issues are very fact-specific. Doubtless the police will recite facts that will support their actions; but the good news is that there are more people present than just the cops. In any event, consult with a criminal deense attorney to explore the issues.

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  • How can I be charged as a felon in poss of firearm because I'm a drug addict if I've never been convicted on any drug offence?

    The local police are saying I'm a drug addict and charging me as a felon in possession of a firearm. How can this be if I've never been convicted of a drug offence or a felony either one?

    Mark’s Answer

    Yes, the law prohibits the posssession of firearms by drug adddicts, How the government would actually prove the case under these circmstances is another story, Hopefully,, you have a good criminal defense attorney who will represent you.

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  • What are the most likely charges for hs 11358 and hs 11359?

    First time offender,

    Mark’s Answer

    Those are the charges as Mr. Marshall points out. As to what will happen to you, if that is what you want to know, that depends on many factors, including the facts of the case, your criminal history, and others. Consult with a criminal defense atorney in your area to get an assessment of your case.

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  • Casino - wrong car - petty theft CONTINUED

    As we were driving away she told me that wasnt her bag! Shes never been in any trouble, ever. Me, I'm a felon. She suggested we go put it back. Me, being a felon, thought, We were already gone, and i didnt want to go into that vehicle a THIRD ...

    Mark’s Answer

    Your facts are very confusing such that your questions cannot be accurately answered. Aside from that, Mr. Marshall's advice is sound: don't talk about what happened with anyone but your attorney. If you don't have one, get one.

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  • Im out on bail july for a position for sale charges.prior to this i was not on pobation or poral i sign a deal september 8. And

    Was givin time to take care of afairs.i was told to come back gor sentancing. January.4.they said after the fact that as soon as i leave court ijad to report to ponation.why am i being put on probation when i have not been sentance yet i dont thin...

    Mark’s Answer

    Likely, you were ordered to probation for the preparatinon of a pre-sentence prebation report to be reviewed by the judge at the time of sentencing. Your attorney should be able to assist you.

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