Mark A. Broughton’s Answers

Mark A. Broughton

Fresno Criminal Defense Attorney.

Contributor Level 17
  1. How to find the right attorney for my criminal case?

    Answered over 1 year ago.

    1. Sharon Paris Babakhan
    2. Maltaise E Cini
    3. Mark A. Broughton
    4. Sholeh Iravantchi
    5. Dan Eugene Chambers
    6. ···
    10 lawyer answers

    You can look up the profiles of the attorneys you are interested in here on Avvo. It is a great resource. And, as my colleague has said, most of us offer free initial consultations, so you can call or consult with them to see which one you like. Personal referrals are also a very good way to find an attorney, and you can see some of those as well on Avvo in the client review section.

    9 lawyers agreed with this answer

  2. I was wrongfully convicted on a felony drug charge now my entire life is screwed up what can i do

    Answered over 1 year ago.

    1. Mark A. Broughton
    2. George Ellis Corson IV
    3. Anthony Allen Roach
    4. Greg Thomas Hill
    5. Dan Eugene Chambers
    6. ···
    6 lawyer answers

    The best advice I can give you right now is to get in to see a criminal defense attorney as soon as you can. There are many questions to ask to decide where you are in the process and what is the correct course of action to take. If there is a warrant outstanding that will be the first thing to tackle; you don't want to get arrested before you have a chance to speak to an attorney.

    9 lawyers agreed with this answer

  3. How will a past DUI conviction in California effect someone who gets another one in Louisiana

    Answered over 1 year 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

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

    Answered over 1 year ago.

    1. Wade J. 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

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

    Answered almost 3 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

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

    Answered over 1 year 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

  7. Can a lawyer or police officer produce a subpoena although criminal charges have not been filed?

    Answered 23 days ago.

    1. Mark A. Broughton
    2. Mary Frances Prevost
    3. John B. Elbert
    4. David S. Kestenbaum
    5. James Roy Dickinson
    6. ···
    6 lawyer answers

    No. Without an active case a subpoena will not be issued by the court. A subpoena is an exercise of the court's authority and without a case the court has no authority. Law enforcement can get a warrant upon probable cause, but not a private lawyer or citizen. If it is in the nature of a criminal act it can be reported to the police who will investigate.

    8 lawyers agreed with this answer

  8. How do I beat a DUI stop when I'm sober? Will I be arrested if I do not consent to a roadside sobriety and breathe test?

    Answered about 2 months ago.

    1. Hudson Thomas Bair
    2. Mark A. Broughton
    3. Jay Scott Finnecy
    4. Julia E. Simmons
    5. Arnold William Gross
    6. ···
    8 lawyer answers

    Way too many questions to answer in this forum. You need to consult with a criminal defense attorney to discuss in more detail. However, if an officer is going to arrest you for DUI (alcohol and/or drugs) you must take a chemical test under the implied consent laws or you will lose your driver's license whether or not you are actually under the influence or have other defenses to the charge.

    8 lawyers agreed with this answer

  9. What to do when DA has wrongly told ruling Judge information about me?

    Answered 2 months ago.

    1. Matthew Murillo
    2. Mark A. Broughton
    3. David Matthew Piper
    4. Michael Jon Fremont
    5. Arnold William Gross
    6. ···
    9 lawyer answers

    Yes, get an attorney quickly and share the information with him/her. I doubt that the attorney will suggest you challenge the judge because of what the DA said. At most, the result of it may have been that the judge imposed severe alcohol restrictions as a condition of your OR release. I wouldn't worry about challenging the judge on that basis.

    8 lawyers agreed with this answer

  10. Beating driving on a suspended licence charge after dui suspension

    Answered 3 months ago.

    1. Jay Scott Finnecy
    2. Julia E. Simmons
    3. Robert Lee Marshall
    4. Michael Jon Fremont
    5. Matthew Murillo
    6. ···
    11 lawyer answers

    I've never read that in the Constitution and am mildly interested in where you have read it. As the others have said, you do not state a defense that will be recognized by the court in and of itself. You may have other defenses, or other issues that might be raised based on the totality of the circumstances, but not just for the reasons you have mentioned.

    8 lawyers agreed with this answer

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