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Mark A. Broughton
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Mark Broughton’s Answers

1,195 total


  • 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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  • My mom got a DUI when she only had one glass of wine.

    I know because she was at my house for dinner right before. What can we do?

    Mark’s Answer

    You can consult with a criminal defense attorney to discuss the case. Do it as soon as possible as you only have 10 days from the date of arrest to request a hearing from DMV or she will lose her license even if she has defenses of her blood alcohol level was above .08.

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  • What type of lawyer can help me fight a DUI?

    This for my friend.

    Mark’s Answer

    Yes, a criminal defense attorney. Almost all criminal defense attorneys handle DUIs, although some only handle DUIs. You can do a search of criminal defense attorneys in your area here on AVVO.

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  • I got a DUI that I think was unfair.

    There were issues with the field sobriety test.

    Mark’s Answer

    Then you should hire an attorney to fight the case. Don't forget to contact DMV within 10 days of your arrest to request a hearing or you will lose your license even if you have defenses (assuming your blood alcohol level was .08 or above).

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  • My public defender did not have anything prepared for court. What are my options now?

    My PD had nothing prepared for trial. No subpoenaed witnesses, no discoveries, he didn't make the state provide any proof of the alleged evidence or how they came to conclude it was in fact evidence, nothing and to top it off he told me that if I ...

    Mark’s Answer

    You always have to option of hiring your own attorney. Public defenders are largely overloaded with cases - not to say that a good criminal defense attorney is not very busy. But it is impossible to tell you what you should do in the case itself as much more information is needed to make that assessment. It looks like you didn't go to trial or make a decision yet so you may have time to discuss it with a private attorney.

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