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Mark A. Broughton
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Mark Broughton’s Answers

1,316 total


  • 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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  • How much jail time is he facing?

    my husband has 2 dui's first one he was pulling out of the driveway, never went to court. second one was taken to jail for driving on a suspended license and dui, and didnt go to court for that one either. so he gets pulled over again and they ju...

    Mark’s Answer

    He's looking at two DUIs and at least 2 Failure To Appear charges. Without some more information it is not possible to give a more specific answer. Each time he fails to show up he is making things worse for himself. He needs to hire an attorney, face the music and take care of these matters before it gets worse still.

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  • How long will my bf get in for attempt first degree burglary and conspiracy to attempt first degree burglary

    Charged with attempt first degreee burglary and conspiracy to attempt first degree burglary but didn't go inside the house nor did he touch the house. He went with 4 juveniles to commit burglary but didn't only rhe juveniles did. The cops stopped...

    Mark’s Answer

    I agree with Mr. Dane. What he will get - if convicted - and what his maximum exposure is are most often two different things. Many factors play into the judge's decision about what sentence to impose. Probation is certainly in play on these brief facts, so he should have a good criminal defense attorney to assist him. Who knows, he may have defenses, or the prosecution may not be able to prove the case, all of which should be analyzed by a good attorney.

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  • Restitution claim by State

    My probation is up in 2 months for a simple battery or miso DV in 2013. I just received a motion by the State to pursue me for nearly $5K in mental health from ex or her bills (she has been going to therapy for years) submitted and paid by the sta...

    Mark’s Answer

    Undoubtedly, the court reserved jurisdiction over the issue of restitution for the period of your probation. Now, because she made a claim to the Victim's Restitution Fund, the State is seeking "reimbursement" for the amount they paid her as restitution for her "injuries." You have a right to have a hearing on the amount of restitution and if you think there is something "fishy" about the claim, by all means request a restitution hearing.

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  • If no evidence and just what police are saying can they give my friend many years ?

    This case is out if riverside calif. He been charged with 288penal code my friend been wrongfully accused we are getting ready to go to trail his attorney tells him their is no evidence but it is what the police report that has kept him locked u...

    Mark’s Answer

    If a case cannot be settled it goes to trial. There, the jury will evaluate the evidence and decide if there is enough to convict the accused. Sometimes, in a weak case, when a case has not settled, if the evidence is too weak the DA will dismiss the case on the day of trial. So, your friend should take the advice of his attorney and if there is no evidence as you say (police testimony IS evidence; a 288 case would not be prosecuted unless there was some statement from the alleged victim to establish the crime), the result should be favorable.

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  • What is her best option when a modification is needed. Because of missing understanding on information what should she do?

    My Best friend was recently convicted of I D. Theft. However she was sentenced to 240days to be server either home detention or work project, to be signed up by the 15th of this month, therefore she went and was denied for work project, and told ...

    Mark’s Answer

    Unfortunately, today is the report date so anything she does will be a little late. However, she could ask her attorney to place her on the judge's calendar to request an extension and explain the situation. The hearing won't be until after the 15th so a warrant may be issued if she doesn't report. She could also go to the court and place the case on calendar herself to make sure she gets it done today. Aside from that, she can, of course, report and take that avenue.

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  • Is the police testimony in his report about what a victim said to him still hearsay?

    Is a police report hearsay? I am helping my friend with her domestic violence situation. We want to admit the police report. We have subpoena the police officer, but the question to the police officer will be about what the police officer wrote...

    Mark’s Answer

    Yes, any out of court state met is hearsay. But you should be very cautious representing yourself, or in giving legal advice if you are not a lawyer. Best advice is to hire an attorney who will know the answers to these questions and how to handle them in court.

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  • Is " allegedly ", Supposed to be used by media and live televised news blast when referencing anyone prior to being convicted.

    Family member starting trial for pc187. One local news channel wrote and aired false information via: police report. It was my understanding that unless and/or until said person is convicted of actual crime, they must refer to them as "allegedly"

    Mark’s Answer

    Generally, "allegedly" should be used until there has been a guilty verdict or factual finding. It is basically an issue of liability for the publisher until the facts are proven. Often, media will quote sources, stating "facts" as related by those sources. Stating things as "facts" in the media can have an impact on the defndant's presumnption of innocence and the right to a fair trial and due process of law.

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  • What are the stipulations required for a case to be considered a high profile case?

    Family member on trial pc187.

    Mark’s Answer

    If a case has garnered enough media attention it is considered a "high profile" case. It has nothing to do with the parties to the case at all. It has to do with whether or not there is a high degree of public interest in the case. This often happens in a murder case or where a celebrity is involved. The parties do not "stipulate " about this, although there may be issues related to publicity in the courtroom or medial access to the proceedings.

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