Free Consultation: (559) 691-6222Tap to Call This Lawyer
Mark Broughton

Mark Broughton

Mark A. Broughton, PC
  • Criminal Law, Domestic Violence, DUI & DWI...
  • California
Badges
Claimed Lawyer ProfileQ&ASocial Media
Summary

Mark A. Broughton is a Fresno County criminal defense attorney who represents men, women, and juveniles in state and federal court. Mr. Broughton has been licensed to practice law for the past 39 years. He regularly defends people accused of simple misdemeanor DUIs to complex cases such as white collar, gang related matters, and murder charges. He was the chief defense attorney for a 17-attorney criminal defense law firm where he worked exclusively in criminal matters for nearly 15 years. Mr. Broughton is death penalty qualified and is currently on the special circumstances/death penalty panel of attorneys who are appointed to the most serious murder cases by the Fresno County Superior Court. He has handled and tried dozens of murder and manslaughter cases, and has received several not guilty verdicts in murder cases tried by a jury. He has worked with the Northern California Innocence Project and was successful in obtaining the reversal of a conviction in which an innocent 17 year old boy was wrongfully convicted of a double murder who had been sentenced to two Life Without the Possibility of Parole (LWOP) prison terms. His high profile cases have appeared regularly in the media and on television programs such as The History Channel’s "Gangland."

Practice Areas
  • Criminal Law
  • Domestic Violence
  • DUI & DWI
  • White Collar Crime
Additional Practice Areas
  • Drug Cases
  • Violent Crime
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
California
Placeholder image for jurisdictions.
U.S. District Court, Eastern District of California
Placeholder image for jurisdictions.
U.S. District Court, Southern District of California
Placeholder image for jurisdictions.
Languages
  • English: Spoken, Written
Education
University of California - San Diego
B.A. | Sociology
University of California - San Diego Logo
Western State College of Law at Argosy University
J.D.
Western State College of Law at Argosy University Logo
Awards
AV®Preeminent™ Peer Review Rated
Martindale-Hubbell
Rated 10/10
Avvo
Super Lawyers Northern California
Super Lawyers
Verified
LawQA
Professional Associations
Fresno County Bar Association
Chairman, Criminal Law Section
Current
Placeholder image for professional associations.
California State Bar # 79822
Member
- Current
Placeholder image for professional associations.
State Bar of California, Board of Trustees
Trustee
-
Placeholder image for professional associations.
Certifications
Criminal Law Specialist
State Bar of California Board of Legal Specialization
Websites & Blogs
Website
Legal Answers
5 Questions Answered

Q. Please help, I have a urgent question.
A: 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.
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.
A: 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.
Q. Can four defendants be tried all together and have to take the same plead?
A: 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 nothing. This can unfair to someone who feels forced to accept a plea deal, or who may have defenses to the charges, or who feel they are innocent. The offers to each individual can be the same for each, or they could be different charges. Occasionally, someone is allowed to plead out, as they say, but that usually comes with a price: cooperating with the prosecution and testifying against the others if the case goes to trial.
Q. During a drug raid, can anything I say be brought up in court?
A: 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; this is usually done by reading you your so-called Miranda rights prior to questioning. So there are no easy answers and each statement/case depends on the particular facts and circumstances. These issues are frequently litigated prior to trial. There is no such thing as an anonymous statement, except in cases where the person is a confidential informant, rather than an accused or a percipient witness. You should talk to an attorney about the specifics of your situation.
Q. Can a DA subpoena someone and then after they have testified can the DA refuse to relocate them.
A: 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 you, would be helpful. There is no requirement to have you brought back to court but many experienced attorneys will have a witness "subject to recall" so that they can be called back to the stand to give further testimony without having to re-subpoena the witness again.
Click here to see all answers
Contact & Map
Mark A. Broughton, PC
2300 Tulare Street
Suite 215
Fresno, CA 93721
USA
Telephone: (559) 691-6222
Fax: (559) 691-6221