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Mark A. Broughton
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Mark Broughton’s Answers

1,314 total


  • Is the third DUI tried as a felony or are you convicted of a felony once charge with the third DUI?

    Went to court two years ago for a third DUI and there was nothing in the system I have done multiple warrant checks and ran my name through the online sites you pay to check. Can they try to file it as a felony with in three years or am I misinter...

    Mark’s Answer

    There needs to be three priors within 10 years for the fourth to be a felony. Of course, a third can be a felony if, for example, there was an accident where someone was injured or killed. But no, a third DUI within 10 years is not in an of itself a felony.

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  • Does this mean they can still file against me? What should I do to find out what is going on?

    Got arrest for a third DUI 2 years ago. I went to court and they said they couldn't find anything. Iv looked up my name on multiple sites and can't find anything either.

    Mark’s Answer

    If the case wasn't filed within a year from the date of the incident, it is barred by the Statute of Limitations. You can check with the Sheriff in your county to see if there are any warrants; or you can check with the court where the case would have been filed; or, you can contact the DA's office to see if any case was filed. You could get a copy of your DMV record that might also show if a case was filed.

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  • Will a Cdcr Inmate Be able to get His Presentence 2-1 time credits, if he is also eligible for the 33.3% time off?

    My husband is In CDCR. He is eligible for his 33% time off his sentence, would his Presentence 2-1 time credit spent in a county jail still count towards his sentence as well?

    Mark’s Answer

    I think you may be confused. He should be eligible for either 50%, 20% or 15% time credit reductions depending on his charges and/or prior convictions for which he was sentenced. So a little more information is needed to answer your question. Of course, his attorney at the time of his sentencing can answer this question with full knowledge of the sentence, so that is where you should start.

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  • I was wondering once we get sentanced cause we have different court dates are we going to get the same sentance as the other one

    me and a friend were both charged with the same cases witch are misdemeainers so he is my codefendent

    Mark’s Answer

    You will not necessarily receive the same sentence, but that is often the case, especially in misdemeanor cases. A sentence depends on several factors, and not every defendant is in the same exact situation. So much of the time co-defendants in a misdemeanor case will receive the same sentence, but not always.

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  • Solicitation of prostitution jury trial

    What is a jury trial in Riverside court? If found guilty will i go to jail? Can plea deals still be discussed?

    Mark’s Answer

    A jury trial is when the prosecution presents witnesses and evidence to a panel of 12 randomly selected people from the community, who decide if, based on the evidence, the defendant is guilty of the charged crime(s). Yes, if found guilty, the defendant can be taken into custody, but not always. That depends on several factors including the charges for which the defendant was just convicted. In most jurisdictions, plea discussions can occur up to the selection of the jury, and in some cases, even during the trial until a verdict is reached.

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  • Can my husband got to jail if is on ab109 probation and this will be his second time testing positive for meth?

    My husband was in prison for 16 months and came home on probation ab109 back in October 2015. Last month for the first time he tested positive for meth and now he goes to see his probation officer and he knows hes dirty, will they violate him and ...

    Mark’s Answer

    Yes, he can go back into custody, with all the consequences that entails. But what will help him is staying clean and sober. He may not be able to do this on his own, for meth is a serious and dangerous foe; recognizing this and getting the help he needs would be the first step in his recovery and be the best assurance that he will not have to go back to jail again.

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  • How can I help her? Could I still submit the photos and audio to the appeals court?

    My daughter was found guilty by jury trail for PC 245 a 1 Felony. She was a victim and had to defend herself. Now she was sentenced 5yrs in prison. Her appeal was received and petition for review granted. She is not prison material. She was 21 yrs...

    Mark’s Answer

    Hopefully, her trial attorney filed a Notice of Appeal with the trial court. She may be eligible for bail pending appeal. If she cannot afford an appellate attorney one will be appointed for her. The appellate attorney will look at the record of her conviction and determine what issues to raise with the appellate court, that can (and usually does) include what the trial attorney did or didn't do during the trial. In short, she needs a good appellate attorney to help her continue the fight.

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  • What will happen to him now? is this a good deal? should he do it?? will he be protected now and when he goes to prison

    my son and two of his friends arrested charged with a gang enhancement they were offerd a package deal my son said okay his co defendents wont take the deal they want to go to trial his public defender told him to testify against his co defendent...

    Mark’s Answer

    A life term is nothing to take lightly and all options that take life off the table should be thoroughly considered. Testifying against co-defendants in a gang case is frightening and can be a dangerous situation. But it is most often better than taking the risk of spending the rest of one's life in prison. On the other hand, I have had clients reject such an offer and be acquitted at trial; I have had the opposite occur as well and as the parole date passed had the client had taken the offer, the client wished he would have taken the deal. As stated, only his attorney can give him specific advice on his situation.

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  • I waived the preliminary hearing with the understanding I wouldn't be facing jail time. Can the judge really do me like that?

    I've been fighting a case (bringing drugs into jail) in Placer county, CA, for about 9 months now. I have a conflict public defender. Last month, I was in court for my pre-trial hearing. It was a very full court room with many cases to be heard...

    Mark’s Answer

    Peculiar situation. My sense is that there is some missing information or you have misconstrued the "offer." It could be that you needed to take the offer that day as opposed to waiving the prelim and going straight to trial. Yes, the judge has wide discretion but not unlimited. If you were induced to waive a fundamental right on a specific promise that may place some limitations on the outcome. But the situation would take a much more detailed review by an attorney to advise you on the "offer" and how you should proceed.

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  • Why am I going to court even tho I wasn't aware of what had happened and what will my consequences be?

    I am a sophomore in high-school today a friend of mine went into a locker and stole a backpack that had a credit card in it and placed it into my locker that I do not use I had no clue about what had happened up until they called me up to the offi...

    Mark’s Answer

    They must suspect that you two were working together, in which case you both could be held accountable even if she was the one who took the backpack. On the other hand, the government has to prove that you knew what was happening - they can't just suspect or presume. Depending on what you told the authorities (hopefully, nothing incriminating), the case might be rejected as to you, or the DA could use the prosecution against you as leverage to compel you to testify. In any event, you should discuss this with a criminal defense attorney to review all the facts and advise you as to how to proceed.

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