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Mark A. Broughton
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Mark Broughton’s Answers

1,191 total


  • 211 with gun enhancement no evidence

    I'm currently fighting a case based off of testimony, a woman is accusing me of robbing her with a gun. I purchased a phone off of craigslist I bartered for 300 when she wanted 390, she accepted. But then I get arrested and she is saying I robbed ...

    Mark’s Answer

    Your attorney is the best person to answer this question. But if you didn't do anything wrong you should think twice before taking a plea to a robbery, which is a strike. A misdemeanor is bad enough but much more palatable than a felony. If you're being offered a "deal" with a year in custody there must be some evidence of a theft or robbery beyond just her statement, which the DA is finding to be credible. Ask your attorney to spend some time with you to go over the case.

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  • Does a dropped case show up on my rapist's record?

    I reported my ex after he raped me. Detectives interviewed him and even started compiling evidence. However, the case was dropped due to insufficient evidence by the DA. Does the fact that I reported him still show up on his record? I want to know...

    Mark’s Answer

    If the police investigated it there will be a record of it. This is especially true if a case was filed but later dismissed by the DA. It could come into evidence in any future prosecution for the same type of offense.

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  • How long is a federal parole violation?

    My friend got arrested for impersonate to get money in Fresno county ,within the 72 hours charges were dropped and now he has a federal hold

    Mark’s Answer

    That depends of several factors. He will be brought to federal court very quickly and an initial assessment made. If he does not have a lawyer he should get one familiar with the federal system and the probation officers and prosecutors there.

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  • Charged with refusing a test on scene but went to hospital and gave blood and toxicology came back negative can I have overturne

    Never was asked on scene to take test gave blood at emergency room how is that a refusal

    Mark’s Answer

    My guess is that the cop will say he asked you to submit to a breath or blood test at the scene and you "refused," so he had to result to a forced blood draw and obtained a warrant to do so. Curious as to whether or not there was an accident, and/or the basis of the stop. You will need a good criminal defense attorney to litigate this issue, and the loss of your license by DMV.

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  • What does "Tree Farm" alternative sentencing entail?

    I'm trying to read up on alternative sentencing in LA county. Some are obvious (like community service) and some have a lot of information online about them (like Caltrans), but I can't find much about Tree Farm. What does it entail?

    Mark’s Answer

    It's essential another work detail, as Mr. Hill points out.

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  • What happens if you violated probation but then end up going to prison on another matter,now have warrant, almost released?

    My son was convicted on evading and dui, but was on probation for another dui conviction. He has been in prison for about 6 months and has 6 months to go before release, But he has bench warrants for the probation violation. We know they may pic...

    Mark’s Answer

    Yes, he needs to file a "1381 demant" while he is serving his time. The DA will have to bring him back to court and deal with the case while he is still serving time on the other case. It will also prevent having hi serve additional time when they bring him back to court on the warrant after he has served his time on the other case. Inmates try to do this themselves and they mess it up quite often and don't get the results they want, so best to contact an attorney to help with this process. It is not difficult but easy to miss a step.

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  • First time offender with the DA offering two stroke and six years with no lid should the offer be accepted

    Defendant no criminal charges at all is a twenty years old no juvenile nothing had a job played football and typical kid just a black male

    Mark’s Answer

    Not enough information to answer your question. These situations are very serious and demand a detailed analysis. His attonrey is the only person to answer the question, but you might be ablre to consult with another to get a rough second opinion. Taking two strikes is a heavy first-time choice and not to be taken lightly. He needs to be fully advised as to his exposure, consequences, and the potential risk of trial.

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  • Can I get my possession charges dropped to misdemeanors/ get put on informal probo. or do I have to serve my violation first?

    I am on formal probation for three cases with possession charges. I just got a new charge/case for paraphernalia. My goal is to get all my charges dropped to misdemeanors and get put on informal, unsupervised probation under prop 47. When I go to ...

    Mark’s Answer

    You need to speak to an attorney to discuss the specifics of your situation, but what seems obious here is that your continued use of drugs what is getting you in trouble. As you can see, each time it gets worse. The judge might want you to appreciate this aspect of your situation and compel you to take steps to address it. That may be the more imporatant question.

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  • What does 1203.2(A) PC,and11377(A) HS mean ?

    My brother has these codes on his charges ,he's on probation it's his first violation what does it mean the last one was for meth I know that but these codes are different from the last time he got arrested and now they're felonies but seem diffe...

    Mark’s Answer

    Yes, a probation violation and possession of a controlled substance. They could end up being misdemeanors depending on the circumstances.

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  • Detective contacted me from a different county why?

    I live in Stanislaus county . I've received a call from a san jose county I'm wondering why I only been in San Jose once, they want me to call them back what should I do? Please and thanks

    Mark’s Answer

    Another approach is to have your attorney contact them. Anything the attorney says cannot be held against you and he/she may be able to find out what the detective wants. Perhaps you are only a witness to something, but perhaps you are a suspect in something. I would find out which before speaking to them and if you don't get an answer, assume you are a suspect and say nothing without your attorney present.

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