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Mark A. Broughton
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Mark Broughton’s Answers

1,250 total


  • What should I plead in court ? should I try to fight it ? What can I do to help myself in Court?

    I was pulled over for bad tags on my truck they towed it for that reason they can "search and collect my property" Before they begin to look the officer asked if I had anything he needed to know about I told them I had a 12 gauge in the truck (th...

    Mark’s Answer

    Yes, you should have an attorney to advise you. Not only could you be looking at a felony conviction and custody time but other consequences as well. If you cannot afford an attorney one will be appointed for you. Do not simply walk into court and plead guilty.

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  • How can I take care of this without going to jail?

    I had a failure to appear for a traffic violation in 2011 in los angeles, I've been working out of state since 2012. I had forgotten i had the court appearance, was pulled over in 2012 before in LA i was told there was an arrest warrant out for me...

    Mark’s Answer

    It is unlikely that you will go to jail for this, unless the traffic violation was for a misdemeanor, like a DUI, or worse. Hire an attorney to set the case on calendar to recall the warrant and handle the case for you. It will cost you a little money, but you can ultimately get it cleared and if you ever want to get your license back, you can do so after resolving the case.

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  • What does it mean when a tahl waiver is filed?

    Change of plea

    Mark’s Answer

    It means that he was fully advised of his Boykin/Tahl rights a the time he entered his plea, and gave up those rights. Very briefly, those rights have to do with him waiving his right to go to trial that he is giving up when he enters his plea, to establish that his plea is knowing and voluntary.

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  • Search terms - can they come anytime without reason even when I am driving my car to search me?

    I have search terms on my felony probation terms. Does that mean they can come anytime and search my house or car. Can they even stop me when I am driving and just search my car or how far does this go?

    Mark’s Answer

    Generally, the answer is yes. They cannot do it to harass you, as a legal matter, which is difficult but not impossible in the right set of circumstances to prove, but other than that, yes. A search and seizure waiver is one of the most onerous terms of probation and one that gives the police great power. If you think you are being harassed contact an attorney to see what remedies you may be able to pursue.

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  • My son got pulled over going in to a drive thorough in Monrovia ca they had him do the sobriety test and then took him to the st

    My son got pulled over going in to a drive thorough in Monrovia ca they had him do the sobriety test and then took him to the station and he blew 0.082 and got him for dui first one they impounded his car is this right

    Mark’s Answer

    Yes, that's right. The consequences for a DUI - direct and indirect, and in addition to the exhorbinate impound fees - are severe so he should have a criminal defense attorney look into all the circumstances of the situation so see if there are any defenses.

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  • How to clear my name from these crimes?

    Hi I have 3 charges on my record 1 misdemeanor spousal abuse 1 felony battery on a peace officer and 1 assault force likely to create GBI. I want to join the Navy or army, is their any way this can happen for me. if so how to I go about doing this...

    Mark’s Answer

    Your record contradicts your view of yourself and it will be very hard to find someone in authority who would agree with you. As the others have said, it is unlikely that you will be able to join the military with this record, but there are some steps you can take to minimize your current record. Talk to an attorney abou taking those steps needed to reduce or dismiss the charges of which you were convicted. This may help you move past these mistakes.

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  • How long is he looking on doing and will he get a felony charge against him this time around?

    My husband is using drugs and he got out of hand and went crazy on me and his mother we called the cops and he's facing charges cause he hit me and broke a door to the bedroom. He has previous domestic violence charges with his ex. We have two ch...

    Mark’s Answer

    It is impossible to say without more specific information, but suffice it to say he is possibly looking at several years in prison. His attorney will be able to figure out his actual exposure. Multiple domestic violence situations are taken very seriously by the DA and the courts.

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  • Is it normal protocol for a prosecuting attorney to be present when a defendant meets with his criminal defense attorney?

    My friend was sentenced 3 months ago after pleading no contest, but there are a few things that still don't quite add up. :-)

    Mark’s Answer

    Sometimes, but only with the consent and approval of the defense attorney, and almost always for a specific purpose.

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  • Can police conduct a search on a home while awaiting for a search warrant?

    Police arrived at my home at 8:20pm. They stated they had a search warrant on my home & spouse. After failing to provide the search warrant for about 45 they ended up coming into the home & conducted the search anyway. I went and did purchase a ...

    Mark’s Answer

    • Selected as best answer

    For a more detailed response you are going to have to at least consult with a criminal defense attorney. These situations can be very complicated and are largely fact-driven. Under these limited facts it may well be that the search was valid pursuant to the warrant, but a full vetting of the circumstances is necessary. Sounds to me, thought, as if the cops were trying to get consent to search and when that didn't happen, they sought a warrant. The basis of the warrant would be most interesting to review.

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  • When subpoenaed to testify against someone because you were interrogated for 6-8 hours and you plea the 5th what happens?

    What happens with that persons statement when they were interrogated?

    Mark’s Answer

    These can be very complicated matters and are often litigated in more serious cases. Whether or not you CAN "plead the Fifth" on the witness stand can be an issue; whether you must testify if you are offered immunity by the prosecution is another. But if you are subpoenaed to testify and you believe you might incriminate yourself, you should have an attorney represent you (or, the court will appoint one to represent you if you do not have one). Your prior statement to the police is hearsay if offered at trial, and a host of other issues come in to play if you are allowed to "plead the Fifth" and the prosecution wants to use it at trial. So, these can be complicated matters best dealt with by an experienced attorney.

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