You may be afraid, ashamed, and sure that everyone already assumes the worst. That is a heavy way to carry a charge this serious. This post explains the AB 690 California public defense law.

Here is what AB 690 changes in plain words, the questions to ask any lawyer handling a case this serious, and one first step you can take. It is general information about a law, not advice on any one person’s case.

What AB 690 changes, in plain words

The AB 690 California public defense law is about government-paid defense in the most serious cases. Governor Newsom signed it weeks ago.

The law ends flat-fee contracts in cases where the accused faces the death penalty or life without parole. It also creates a separate fund for defense investigators.

A companion bill was authored by a Fresno legislator.

Here is what this post does not claim. It does not say how the law affects any one person’s case. It does not tell you how your case will go.

What a flat-fee contract is, and why it matters when the charge is life without parole

A flat-fee contract is an arrangement where a county pays a lawyer one set amount, no matter how much work the case takes.

About two dozen California counties use flat-fee contracts as their primary method for providing public defense. [1]

Because the pay is the same no matter how many hours a case takes, a flat fee can reward doing less work. That is a concern about how the system is built. It is not a claim about any one lawyer.

The person facing the charge is the one who matters here. You deserve a lawyer with room to do the work the case requires.

Why investigators matter in a case this serious

An investigator finds the witnesses, records and evidence that the accused’s side needs. Police and prosecutors build their version of events first. Someone has to test it.

When everything is on the line, the facts behind the charge need a close look. Careful investigation can change what a lawyer knows, what options are on the table, and the path toward the best possible outcome for your situation.

Questions to ask any lawyer handling a death penalty or life-without-parole case

These questions work for a first search. They also work if you already hired someone and have doubts. A second opinion is a fair thing to ask for.

• How many jury trials have you tried? An honest answer is a number, with a clear account of what those trials involved.
• Who investigates my case, and how is that paid for? An honest answer names a person and explains the cost plainly.
• How many cases do you carry right now? An honest answer is a real figure, plus how the lawyer makes time for yours.
• Will you tell me the hard truth, even when it is bad? An honest answer is yes, with an example of how.
• Who answers my family’s questions, and how fast? An honest answer names a person and a timeframe.

Here is how Mark Broughton answers. As a Certified Criminal Law Specialist, he has tried more than 200 jury trials. He is also on the special circumstances and death penalty panel in Fresno. Ask for the truth about your situation and you get it, for better or for worse.

For families: what you can do today

If you are the spouse, parent or adult child reading this, you may be the only one who can act. The person you love may be frozen, ashamed, or hiding the charge. Searching for them is not interfering. It is a way of standing beside them.

You likely have practical worries: bail, income, the children, what to tell relatives. Bring every one of them to the consultation. You do not need answers first.

Waiting can narrow your options. A first step exists, and it costs nothing.

Your first step: the free 30-minute consultation

The plan has three steps. Fill out the form. Pick a time. Sit down with Mark.

In the meeting, Mark sits down with you one-on-one and listens to your story. He reviews your options and honestly tells you what needs to be done. The consultation costs nothing and commits you to nothing.

Two promises come with it. We treat you like a person, not a criminal. And we are honest about the situation you are in, for better or for worse. No lawyer can promise a result, but the goal is the best possible outcome for your situation.

Schedule your free 30-minute consultation.

If someone you know is facing a charge like this, share this post with them.

Sources

1. Newsom signs two laws to address weaknesses in California’s public defense