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Mark A. Broughton
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Mark Broughton’s Answers

1,314 total


  • What happens if a jail releases someone too early??

    I had 3 cases and was given 3 sentences i was to serve consecutivley. The jail let me out after i completed my first jail sentence. Now a month later, i have warrants for the two sentences i havent served time for.... I feel like it was there mist...

    Mark’s Answer

    Yes, you have to go back to jail and finish your sentence. It is probably better to surrender at the jail rather than being picked up on the warrants at an inconvenient time, but that is up to you.

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  • My 16 year old daughter was cited with a California 242 misdemeanor 1/15/16. My wife, daughter and I met with the head probation

    My 16 year old daughter was cited with a California 242 misdemeanor 1/15/16. My wife, daughter and I met with the head probation officer March 2016. After the meeting we told the case was not going further. However we just received a letter that w...

    Mark’s Answer

    Yes, it means that a misdemeanor battery Petition has or will be filed. For a more detailed explanation of what will happen it's probably a good idea to speak to a criminal defense attorney who handles juvenile matters in your area. It is a situation that should be easily manageable on a more informal basis, unless there are some extenuating circumstances. If you are not able to speak to an attorney before her hearing, as stated, a public defender will be appointed to assist her through the process.

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  • How long can they hold you on a PC 187 case in Fresno with and/or without waiving time before they must begin the trial?

    As stated above

    Mark’s Answer

    Mr. Finnecy is correct in general terms with no time waiver. But these situations can be more complicated especially if there are co-defendants involved. Moreover, in a case as serious as this, the defendant's attorney must be properly prepared so as to provide effective assistance of counsel. Occasionally, a case will be continued over a no-time-waiver objection for these or other legal reasons. Best to consult with his attorney for a more specific answer to his situation.

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  • How would i start an appeal

    I know my son wasnt given a fair deal on the sentence he was given. My son wasnt anywhere near the crime nor did he have knowledge of the crime being commited but yet he was sentenced to 6 yrs w/strike he has no criminal record as an adult only on...

    Mark’s Answer

    Your son is in a tough spot. The place to start is filing a Notice of Appeal but the process depends on the circumstances of his conviction. There may be other things that can be done without filing an appeal. His attorney, or one you hire, can explore these issues and advise you as to the best approach.

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  • Need help. Miranda Rights violated.

    I was driving when I was pulled over for speeding. The officer asked me where I was going and started conversing with me. He asked me if I could search my car and I agreed because I forgot I had some things in the trunk. That was dumb of me. The o...

    Mark’s Answer

    It is very unlikely that your case will be thrown out simply because he didn't read you your Miranda rights. The issue for you will resolve around whether or not the vehicle stop and "consent search" of your car were valid. You need to get a good criminal defense attorney to explore these issues and get the best results.

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  • What is the sentence for a person who has no criminal background that committed grand theft in California

    your caught taking merchandise but never left the area of where you took the merchandise from. However, they charge you with grand theft. However you don't have a criminal background and have no clue what is going to happen.

    Mark’s Answer

    Yes, formal charges may or may not be filed by the DA, and if they are the could be misdemeanor or feliny charges based on the facts and circumstances. Consult with a criminal defense attorney who can explore the situation with you in more detail and advise you properly.

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  • What can I do if I'm being investigated for child pornography?

    I'll start off by saying I have never searched for and I have never been in possession of such material nor have I had the thought for even a femtosecond to obtain anything related to this material. It's difficult to even discuss this to people wi...

    Mark’s Answer

    You need to consult with an experienced criminal defense attorney right away. If HSI has already executed a search warrant there had been an investigation going in for some time, and there is enough evidence to establish probable cause to obtain a warrant. You probably already made a statement to law enforcement but don't make any more statements without tour attorney present. It is very common for the accused not to be arrested at the time of the search, and it can take weeks or months after the search before charges are filed. Use this time to hire an attorney.

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  • I want to know if i can get its possible to get a court date to reduce my bail prior to my scheduled pre prelim on july 12,2016

    im in the process of gathering the finances to obtain an attorney by my next court date but i want to know if i hire the attorney sooner is it possible to get the chance to post bail with my bail reduced and with out collateral that i dont have, i...

    Mark’s Answer

    If you have not already had a bail review hearing, which usually takes place between your initial arraignment on the charges and the pre-preliminary hearing, your attorney can ask for one and argue for a reduction in the amount of bail. That is a high bail amount and it's probably related to the 288 charge(s), not the domestic violence misdemeanor. With that amount of bail there is clearly something more to this story. Yes, you should have an experienced attorney assisting you in this case. The amount of the premium and "collateral" for the bond is a matter of contract (in most instances) with the bonding agent, not the court and clients frequently face the problem of "do I pay for an attorney or bail?" That is an answer only you can answer.

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  • How likely am I to be charged with domestic violence and what could be the consequence?

    My childs mother uses drugs and caught a drug possession charge a couple of months ago. Later that same month she came by at night and I let her sleep with my son, I have phy. Custody, because she suffers from bipolar depression and I felt sympath...

    Mark’s Answer

    If officers showed up and arrested you, and you apparently have a warrant for another similar case, chances are good the DA will be filing charges. You should hire a good criminal defense attorney, preferably before your court date so the attorney can manage the case before it hits the court. Sometimes, the attorney will be able to negotiate a favorable disposition early on.

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  • When plea bargaining you would agree to one of the charges to receive a lessor sentence, correct?

    when plea bargaining you would agree to one of the charges to receive a lessor sentence, correct? So, when all charges are the same how does the rule of law apply? Do the sentencing rules apply the same as a proven guilty? or is there another se...

    Mark’s Answer

    No, the case would not proceed to trial on the 1203.066 by itself. Yes, these are very complicated matters and you should be asking your attorney, but that provision is a sentencing provision, not a substantive crime. A plea to a charge is essentially the same thing as being found guilty by a jury, except as to matters that are negotiated as part of the plea agreement. If one entered a plea to one count of 288(a) and other counts dismissed, one would be sentenced on one count of 288(a); whether the facts bringing 1203..066 into play are admitted or not depends on the plea deal itself. One would not enter a plea to the substantive count and try the facts relative to 1203.066. Again, this should be discussed with the attorney.

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