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Mark A. Broughton
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Mark Broughton’s Answers

1,314 total


  • What charges and penalties can one expect from a 33 yr old man having consensual sex with a 17 yr old in ca?

    she pursued me for a time. i eventually gave in. had a disagreement so she goes to her parents saying i took advantage. she deleted certain texts to make it look different than it was. i know texts can be recovered and will show that she asked me ...

    Mark’s Answer

    There are a variety of charges that could be filed so your question is impossible to answer at this point. What charges the DA chooses to file depend on the facts, largely those that come from what she says happened, and, of course, what you say happened if you spoke to the police. If you haven't spoken to the police yet do not do so until and unless you have an attorney with you. If the cops want to speak to you about the situation, or request that you come down to the station to answer a few questions, respectfully decline to make any statement, saying that you will not do so without your attorney present...period. So, get a qualified criminal defense attorney soon to help you through this situation.

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  • Is a minute order a certified copy of an order?

    I had a sentence for a PC 166, but it was a conditional sentence. it's stipulated that I do two AA meetings a week for five months and the case would be dismissed. I did exactly what the court said THIS TIME, and the case was dismissed! All I was...

    Mark’s Answer

    As stated, you can get a certified copy of the order dismissing the case from the court clerk, although you will probably have to pay a fee to get a certified copy. For most purposes, a copy of the minute order you were given from the court should suffice. Since the case was dismissed already you should not need to pursue a motion to dismiss the case under PC 1203.4.

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  • What does personal use mean when it is posted after the 245(a)(1)2012 perrsonal use?

    My husband just was arrested for supposedly stabbing someone.

    Mark’s Answer

    It means that the accused personally used a dangerous or deadly weapon during the assault, in this case, a knife. If properly alleged, it operates as an enhansement increasing the possible punishment for the underlying crime. His attorney can explain this to him from the facts and allegations of the complaint.

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  • 16 y/o misdemeanor battery question in relation to trouble in school.

    Today we had a hearing in regard to my daughters misdemeanor battery citation back 1/16. My daughter had a fight with a young lady and we were told that young lady had a black eye. We were also told there is a video of the fight. My daughter suffe...

    Mark’s Answer

    I am not exactly sure what your question is, but the juvenile court system is premised on the notion of rehabilitation rather than punishment. If your daughter needs counselling or other services to deal with these issues the court should make every effort to address these concerns, rather than "punish" her for getting in a fight. That her school record may shed light on her particular needs is not necessarily a bad thing. Your lawyer should know the most advantageous way to address her case in court.

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  • Can a judge extend my probation even when it's come to the end with everything completed

    Finished my requirements on formal probation judge imposed another 2 years

    Mark’s Answer

    This sounds like it is related to the other question that you seem to have posted about picking up a new misdemeanor drug charge. As long as your probation has not expired or been terminated, and if there is a violation, the judge can generally extend your probation. Of course, he can put you in custody or prison if you violate instead of extending your probation.

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  • On formal probation finished all my terms but recent was arrested for possession controled substance I am in probation for poss

    Formal probation for sales and possession controled substance caught another case misdemeaner possession

    Mark’s Answer

    Yes, you are probably going to have to face a violation of probation, which has more serious consequences than the new misdemeanor case. The prosecution sometimes will dismiss a misdemeanor for an admission to a probation violation. You need to have a good lawyer to assist you right away to help minimize the damage.

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  • Allocution and Alford plea at sentencing

    I have given a Alford plea due to the fact that my attorney has said that one piece of circumstantial evidence may look negatively at trial . It was a internet search on a iPad . The da was asking for 8 months in jail , and my attorney mentioned a...

    Mark’s Answer

    It is nearly always a good idea to listen to your attorney. If you decide to make a statement to the judge you should run it by your attorney first, not so he/she can tell you what to say, but so he/she can help you say the things you need to say without saying something that will be counter-productive to what you want to accomplish. Too often, clients say things that end up hurting themselves....

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  • I have a good reason to believe that a search warrant is headed my way. what should i do to prepare?

    I have a good reason to believe that a search warrant is headed my way. Do not want to get into details. However, I know 100% sure that whatever agency comes, they will not find anything incriminating. I am sure of that as much as that a warrant i...

    Mark’s Answer

    It looks like you are already prepared if there are no illegal items or contraband in the areas to be searched, you are not in possession of any weapons, legal or not, and you are not a person who is prohibited from possessing weapons. The advice to consult with a criminal defense attorney prior to the search is sound.

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  • Selling illegal Fireworks in California

    My husband purchased illegals fireworks in Nevada. Be brought them over to California to sell. He was caught by an under cover police officer. He was not arrested but he has to go to court. What will happen?

    Mark’s Answer

    He will have to appear in court and answer to the charges at the very least, assuming they are filed by the prosecution. He should take his ticket to an attorney and review the charges for which he was cited. Then you will have a better idea of what will happen.

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  • What would be the sentencing for accessory to murder after the fact?

    Person was recently arrested for accessory charge. The person charged with murder is currently in custody. There is another person being looked for to investigate, as he may have been with the person that shot. The accessory person aided the 2nd p...

    Mark’s Answer

    If that person is truly charged as an accessory - and not as an aider and abettor - he is looking at a maximum of 3 years in prison. If he can be charged as an aider and abettor he can be liable for the murder itself. These concepts are often confused and used interchangeably but are completely different.

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