Mark A. Broughton’s Answers

Mark A. Broughton

Fresno Criminal Defense Attorney.

Contributor Level 16
  1. How can my girlfriend file for a speedy trial per 1381? deputies aren't providing the necessary paper work.

    Answered 6 months ago.

    1. Mark A. Broughton
    2. Andrew Stephen Roberts
    3. Brian Russell Michaels
    4. Stephen Amory Meister
    5. Nicholas Milan Loncar
    5 lawyer answers

    Hiring an attorney to help you is the best way. I doubt the jail is going to help you at all. It is one thing to get the correct forms, it is another to serve the documents properly. Many people who try to file a 1381 on their own do not do this correctly and end up getting their petition ignored for procedural deficiencies. It will cost you a little money to hire an attorney but you will get the result you desire.

    8 lawyers agreed with this answer

  2. Charged with DUI. Breath test was .083. Took blood test. When can I get blood test results

    Answered 6 months ago.

    1. Mark A. Broughton
    2. Greg Thomas Hill
    3. Michael Jon Fremont
    4. Michael Stewart Phillips
    5. Jon Bryant Artz
    5 lawyer answers

    You may not be able to get your blood results but your attorney will. Two weeks from arrest is a very short time and it is very unlikely that the results of the blood tests will be available. I hope you called the DMV to schedule your DMV hearing within 10 days or you will lose your license regardless of the results of the blood test. There is clearly something going on with your blood alcohol with breath results like this, and you should have an experienced criminal defense attorney helping...

    8 lawyers agreed with this answer

  3. Last year I 4got my daughter in my car while getting her birthday cake in a store. I was arrested and did 4 days in jail

    Answered 7 months ago.

    1. Mark A. Broughton
    2. Peter John Marek
    3. Andrew Stephen Roberts
    4. Greg Thomas Hill
    4 lawyer answers

    It is possible to get a modification of the terms of your release, but you may not be able to simply walk into court and get the judge to do so. Usually, such a hearing needs to be set in advance. You may be able to accomplish this with the help of an attorney. You should take care of this by notifying your probation officer of the problem (if you have one), and take care of it before you take any action terminating your classes. You may also be able to change your class schedule, which would...

    8 lawyers agreed with this answer

  4. Can acronyms be used as evidence in Califonia?

    Answered 7 months ago.

    1. Anthony Michael Solis
    2. Mark A. Broughton
    3. Michael Kevin Cernyar
    4. Sholeh Iravantchi
    5. Christine C McCall
    6. ···
    7 lawyer answers

    Yes, and that one has a pretty common meaning.

    8 lawyers agreed with this answer

  5. Could I tape the person who framed me on video in California confessing to what he did to me? Is this considered conspiracy?

    Answered 7 months ago.

    1. Mark A. Broughton
    2. Kevin H. Pate
    3. Anthony Michael Solis
    4. Michael Kevin Cernyar
    5. Stephen F Wallace
    6. ···
    8 lawyer answers

    You are going to need to consult with an attorney to get "solid" advice; by that I mean a comprehensive review by an attorney, with full disclosure of your situation, including what you intend to do, and what/how the law applies to that specific situation after full review. We only give general advice on this forum with disclaimers that accompany our answers. You are cautioned accordingly. Having said that, a face to face encounter is different than recording over the phone or other such...

    8 lawyers agreed with this answer

  6. I WAS SENTENCED TO 16 MONTHS IN CA STATE PRISON FOR A LOW LEVEL NON VIOLENT NON SEX CRIME AND COMPLETED ALL THE TIME ON CASE

    Answered 8 months ago.

    1. Michael Kevin Cernyar
    2. Greg Thomas Hill
    3. Mark A. Broughton
    4. Andrew Stephen Roberts
    5. Victoria L Clemans
    6. ···
    6 lawyer answers

    Probably because your crime of conviction falls within AB109. Interestingly, most clients would prefer to be included within AB109. Consult with you attorney to fully explore your question.

    8 lawyers agreed with this answer

  7. I got arrested for a DUI .08. It was ONLY an alcohol related charge however I've smoked marijuana. Will I be drug tested?

    Answered 8 months ago.

    1. Michael Jon Fremont
    2. Matthew Murillo
    3. Mark A. Broughton
    3 lawyer answers

    It would be unusual to be drug tested during a normal DUI probation, although it is standard for conditions to include that you not drive with any measurable alcohol in your system, or any drug. So, if you were to be arrested again for a DUI drugs (only) it would violate the conditions of your probation, and give rise to a new DUI charge. The safest thing to do is not to drive after you have consumed marijuana - and remember, THC will remain in your system for a considerable period of time. If...

    8 lawyers agreed with this answer

  8. Can you reopen a case after it was settle and you plea guilty to the charges even if you weren't guilty of it?

    Answered 8 months ago.

    1. Mark A. Broughton
    2. Andrew Stephen Roberts
    3. John M. Kaman
    4. Maureen Furlong Baldwin
    5. Jeff Krigel
    5 lawyer answers

    There are ways to set aside a plea after the fact if you have the legal grounds to do so. It is a little hard to understand your questions, but it sounds as if you did enter a plea after further sentencing negotiations took place; I am also assuming that it was to a felony. It is very difficult to set aside a plea after it has been entered, and especially after sentencing has occurred. There are remedies to reduce a "wobbler" offense to a misdemeanor, and get relief from the conviction - called...

    8 lawyers agreed with this answer

  9. How many years is someone possibly facing who is charged with 5 counts of armed robbery in one night?

    Answered 8 months ago.

    1. Mark A. Broughton
    2. Izaak David Schwaiger
    3. Michael Kevin Cernyar
    4. Dan Eugene Chambers
    5. Benjamin Green
    6. ···
    7 lawyer answers

    In California, in excess of 50 years. Under the "10-20-Life" laws for gun use, a 10 year enhancement can be assessed for each victim on whom the gun was used, plus 9 years for the 5 robberies. Of course, these cases depend on the facts, especially regarding the gun use. You need anexperienced criminal defense attorney in this case. Don't pay attention to anyone not licensed in California.

    8 lawyers agreed with this answer

  10. My daughter just received a ticket she is 17 years old and was sleeping in her car outside on the street of her friend's house.

    Answered 9 months ago.

    1. Mark A. Broughton
    2. Greg Thomas Hill
    3. Michael Jon Fremont
    4. James Robert Mortland
    5. Andrew Stephen Roberts
    5 lawyer answers

    They may not have had probable cause to search the trunk, but my guess is that your daughter gave her consent for them to do so. If so, you will not be able to prevail on a motion to suppress the evidence observed in the trunk. If not, although these are only infractions, you could raise the issue if you chose to fight these tickets.

    8 lawyers agreed with this answer

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