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Mark A. Broughton
Avvo
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Mark Broughton’s Answers

1,202 total


  • What do the courts consider when granting a early termination of probation and expungement? How successful is this?

    I'm currently in the last year of a three year probation following a conviction for wet and reckless driving downgraded from a DUI. I wanted to seek an early termination of probation and then an expungement. This is to help out with seeking a job....

    Mark’s Answer

    Early termination of probation is discretionary with the judge and begins with your having complied with all the terms and conditions of probation, including paying all the fines and fees required. In some instances, the reason why you want to terminate probation is important (e.g. employment). While you may also be able to get a dismissal under PC 1203.4, there is no longer a true expungement in California and the dismissal will be documented as such in a background check. While you may be legally correct in answering that you have not been convicted of a misdemeanor if your motion to dismiss is granted, you may have difficulty when it shows on the background check by an employer and will certainly have to disclose it in any government application. You might want to have an attorney help you with your motions and give you specific advice as to how to properly proceed.

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  • I have a public defender for my DUI case in California. She is professional but she loses patience with me.

    She said she needs to hand over my emails addressed to her to the prosecutor as part of discovery. The main statement I made to her is a 2 page document that is very detailed of the night of my arrest - which I may say or may not in my testimony. ...

    Mark’s Answer

    Yes, there is something wrong here. Those emails directly with your attorney would appear to be privileged as attorney-client communications, protected from disclosure. And unless you are testifying as an expert witness, you should not have to disclose to the DA anything about your anticipated testimony OR whether or not you are going to testify at all. You should consult with an experienced criminal defense attorney in your area, taking copies of all the material, for a review and "second opinion" about the advice. You have been given. There may be more to the story that you haven't told us about here that would explain this confusing advice you have been given. Most attorneys will give you a free initial consultation and you can find one here on Avvo.

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  • I need a criminal lawyer but can't afford one I'm 8 month pregnant and can't afford one

    I rented a house and two weeks later the cop s kicked in the door took me to jail for 2nd degree burglary.I have a rental agreement and keys even a deposit receipt. I go to court the 20th of July I am being wrongfully charged and I can't afford th...

    Mark’s Answer

    If you cannot aford an attorney a public defndder will be appointed to represent you. You will have an attorney.

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  • Is there a statute of limitations for a misdemeanor DUI and if so how should i go about presenting to the judge?

    arrested in Oct. 2013, it is now 2015

    Mark’s Answer

    The statute of limitations is one year. It does not operate as a bar if, for example, the complaint is filed within the year and a warrant was issued but not executed. If you are acting as your own lawyer you will have to figure out how to present the issue but I would not be surprised if you have missed an issue or two. Hiring a lawyer is always your bast chance at a successful result.

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  • Is sex offender registration almost inevitable in plea deals?

    I am trying to find a lawyer for my nephew who is being charged with possession of CP. I spoke to a few lawyers from avvo and they mentioned how they were able to work out deals where their clients were able to avoid jail or do little time for ali...

    Mark’s Answer

    Registration is mandatory for most sex offenses. The challenge is in trying to get a plea to a charge that does not require registration, and that means the DA must offer such a deal. Very difficult to do. "CP" as you put it is one that is diffiult to manouever around registration, but in some instancs it can be done.

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  • Not Guilty Plea

    Can you plead not guilty even if the prosecution has evidence that may be proof for a guilty conviction, and if so, would you be released without bail until the trial as long as the crime was not a violent crime?

    Mark’s Answer

    Yes, you want to plead not guilty, at least initially. Most cases are resolved by way of a plea agreement that are the result of negotiations leading to reduced charges or sentencing benefits. Bail is another issue, but that will be set by the judge and you will most always be released on an amount related to the charges and your history, and the judge can release you on your promise to appear and certain conditions if he/she feels that is appropriate.

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  • Being told to keep calm and carry on while son is being investigated!!!!!!!

    our home was searched and raided last week on a warrant served on our son because they said they traced his internet activity to possible illegal porn. we spoke with several lawyers and the lawyers told us what's done is done and we will have to w...

    Mark’s Answer

    Mr. Finnecy is correct, especially about not talking to law enforcement or any other government agent relative to the situation - although your son has probably already given a statement to them when the cops showed up to search/seize his computers and the like. Yes, it can take months if not years before a filing decision is made; and, depending on what type of material is discovered and the amount of that material, the case can end up in either state or federal court. I have several clients in this very type of situation. Yes, you can simply wait, no knowing, or you can hire an attorney now to manage the case and be in contact with the prosecution and/or investigative agency. A "pre-filing" arrangement with a lawyer will give you some measure of peace, but not necessarily the difinitive answers you are seeking. In many instances, if and when a case is filed, the attorney who has already been in contact with the prosecution agency in charge of the case can make arrangements to bring the client into court (called a "surrender") to avoid having the client simply arrested on a warrant, which is by then usually a surprise and comes at a most inopportune moment. Just something else to think about...

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  • What will the lowest plea bargain be for?

    His charges are: Count 1,2: PC273.5(A) Inflict Corporal Injury on Spouse/Cohabitant; Count 3,4: PC245(A)(1) Assault With Deadly Weapon Not Firearm Or Force GBI Likely & He has 1 prior strike.

    Mark’s Answer

    Impossible to predict without more information. The strike complicates the mix, and the facts of the case are very important. His/her attorney is the one to answer this question.

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  • I am 30 years old.i have the charges of petty theft and contribute witb two minors..what can happen at my court date?

    I had two minors with me

    Mark’s Answer

    Interesting set of charges if they relate to the same incident. Yes, you will be presented with the charges at arraignment. You should have an attorney represent you if you can afford to hire one; if not, the public defender will be appointed to represent you. As the others have stated, much will depend on on the facts of this case and your prior history, if any.

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  • Is this evidence tampering?

    Say a search warrant is executed and the police want certain financial papers. Upon entering the property, the police find a bunch of papers in the fireplace and they have been burned to an ash. If the police could not 100% say that those burned p...

    Mark’s Answer

    Tampering is not the issue. Whether the ashes could be used as evidence at all would depend on the circumstances and laying a proper foundation for their admission, or for the statement/opinion that the ashes "probably were" financial papers they were looking for. I suspect that would be a major bone of contention in any resulting litigation.

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