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Questions Answered by Mark Broughton
2 Answers | Asked in Criminal Law and Constitutional Law for California on
Q: Please help, I have a urgent question.

If you are in someone's apartment whom that individual is on probation and the police come to harass and search his place. And they bring a lab technician with them. Can the legally force me to submit to a blood test being that I'm not on probation or parole?

Mark Broughton
Mark Broughton answered on Aug 21, 2019

No, unless there is independent probable cause to believe that you are involved in criminal activity. Even then, you would have to be under arrest and/or give consent, or the officers obtain a warrant based upon probable cause to draw your blood.

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1 Answer | Asked in Criminal Law, Family Law and Immigration Law for California on
Q: My wife left to india 6 months back...We decided to seperate now..She is telling that she comes back and file dv on me.

What proofs does she need to prove it..As we just had arguments as things r not going well before..What if she come and tell she had mental and physical abuse..Do they arrest me r how it works ..And does it effect on my visa status once she puts a case regardless it's proved r not .Pls let me know... Read more »

Mark Broughton
Mark Broughton answered on Feb 20, 2019

Whether a case would be filed after 6 months under these circumstances is very questionable. However, any allegation of domestic violence can have immigration consequences. You should probably consult with an immigration attorney on this issue.

3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for California on
Q: Can four defendants be tried all together and have to take the same plead?

Witness report states which defendant actually did the crime and which ones didn’t. But they are all getting the same plead

Mark Broughton
Mark Broughton answered on Feb 7, 2019

That happens the vast majority of the time in state cases. It is typically called a "package," meaning that a plea offer to settle the case is made to all the defendants, each of whom must accept their offer. If one or more of them do not accept their offer the others cannot do so. It's all or... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: During a drug raid, can anything I say be brought up in court?

And if so, can I talk to a lawyer to have it made anonymous?

Mark Broughton
Mark Broughton answered on Feb 1, 2019

That's a complicated question. If you make spontaneous statements with no questioning by law enforcement, yes, those can be admitted as evidence. If, however, you are "in-custody" (term of art), and you are questioned by law enforcement you must give a knowing and intelligent waiver of your rights;... Read more »

3 Answers | Asked in Criminal Law for California on
Q: Can a DA subpoena someone and then after they have testified can the DA refuse to relocate them.

Do all subpoenaed witness, have the right to ask to be relocated after they have testified against someone on a homicide case?

I was led to believe by the DA that i had to answer every question when i was up on the stand, i was never informed on having my right to plead the 5th amendment, i... Read more »

Mark Broughton
Mark Broughton answered on Jan 28, 2019

Interesting. I would have expected the judge to appoint an attorney to advise you of your rights before testifying if you were being asked questions the answers to which could incriminate you. Certainly, more clarity on exactly what you testified to, or if there were any agreements that applied to... Read more »

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