If you ask Merriam Webster what a pretext is, then you will likely learn that a pretext is either an alleged purpose, motive or appearance.
It is assumed in order to mask a person’s actual intention or state of affairs. It can also be a matter offered in explanation or defense.
Pretext suggests there is deceit involved in either the explanation or defense. The truth is covered by false reason.
In legal terms, pretext typically refers to a false reason given by an employer, to mask the real reason for terminating an employee.
The Context of a Pretext
Pretext in employment discrimination cases can be found in statistics, comparisons, either written or oral statements indicating bias or false reason. Plus, reasons that simply don’t make sense.
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3 Approaches to Prove Pretext
Courts have developed three approaches to prove pretext.
- Pretext Only
Pretext only is the least stringent. A plaintiff must prove that a defendant’s proffered reason is pretextual.
- Permissive Pretext Only
If the plaintiff proves that a defendant’s proffered reason is pretextual, then the trier of fact is permitted. However, it is not required in order to enter judgment for the plaintiff.
- Pretext Plus
In addition to proof of pretext, the pretext plus approach requires direct proof of discrimination.
What is a Pretext Call?
A pretext call is a call between two people, recorded under the supervision of law enforcement.
Pretext calls usually take place between the victim and the suspect of a crime.
A friend, stranger, child, acquaintance or undercover police officer place the call. Additionally, calls occur either days, weeks or even months after the suspected crime.
Law enforcement officials use pretext calls as an investigative tool. Plus, anything said on the recording can be used against the suspect in a criminal case. Law enforcement also uses the recordings during interviews, in hopes, it will lead to a confession.
Contact can also be made by either text message or email, as opposed to a voice call.
Your Defense Attorney for Pretext Calls
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Violent Felonies, Federal Crimes, White Collar Crimes, Violent Crimes, Murder, Gang Crimes and Sex Crimes to name a few.
About Mark Broughton:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.
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About Brittany Hines:
Intelligent, Compassionate, Humble
Brittany Hines was born and raised in the Central Valley. She received her Bachelor of Arts Degree in Political Science at California State University Stanislaus and completed her Juris Doctor at San Joaquin College of Law.
During law school, Ms. Hines clerked at the Fresno County Public Defender’s Office, providing legal support and services on complex, criminal cases in the juvenile and state court systems. After law school, Ms. Hines clerked at a local well-respected criminal law firm where she worked on a variety of criminal law issues and conducted research on a variety of procedural and substantive legal issues. Ms. Hines is currently an attorney at Mark A. Broughton, P.C.
Brittany has worked on a number of complex felony cases including homicides, and death penalty cases.
From the time she was young, Brittany has wanted to be a lawyer. Growing up in the Central Valley, she witnessed systematic injustices. From that she has learned that trouble can be easy to get into, but hard to get out of. She witnessed good kids entering into the criminal system for minor crimes and unreasonable plea deals. Her experiences have made her passionate about helping minorities find access to Justice.
While in Law School, Brittany was an active Member of Delta Theta Phi Law Fraternity. She served as Secretary, Vice Dean, and Dean of Delta Theta Phi. She received the Student of the Year Award during her third year. She was also a member of the student bar association.
Brittany is currently involved with the Fresno County Women Lawyers, Young Lawyers Association, DUI Lawyers Association, and the Fresno County Bar Association Criminal Law Section.