Blog
Posted on Nov 18, 2011 By Scott Hughes
In People v. Robinson , the defendant made an alleged assault on a police officer and abandoned his vehicle. Leaving his keys behind, the police officers followed defendant's expended gun ...
Continue reading "CALIFORNIA COURT OF APPEAL HOLDS THAT INSERTING A KEY IN DOOR OF A RESIDENCE WITHOUT A WARRANT DOES NOT VIOLATE THE FOURTH AMENDMENT" »
Posted on Nov 17, 2011 By Scott Hughes
USA Today and the ACLU recently brought to light that Facebook employs tracking methods to monitor your Internet activity, even if you are not logged into Facebook or click the Facebook ...
Continue reading "FACEBOOK IS WATCHING YOUR INTERNET ACTIVITY" »
Posted on Sep 30, 2011 By Scott Hughes
October 1, 2011, AB 109 will take effect in the state of California. More commonly known as "realignment," the bill is a response to the U.S. Supreme Court's May order for California to ...
Continue reading "CALIFORNIA PRISON REALIGNMENT" »
Posted on Sep 22, 2011 By Scott Hughes
After investigation, Orange County District Attorney Tony Rackaukas announced in a news conference today his decision to charge Officer Manuel Ramos and Corporal Jay Cincinelli in the death of Kelly ...
Continue reading "ORANGE COUNTY DISTRICT ATTORNEY FILES MURDER CHARGES AGAINST FULLERTON OFFICERS IN THE BEATING DEATH OF A HOMELESS MAN" »
Posted on Sep 21, 2011 By Scott Hughes
On August 31, Governor Jerry Brown signed Assembly Bill 1300 (AB 1300), which gives local law enforcement the power to promulgate and enforce ordinances imposing restrictions on marijuana ...
Continue reading "GOV. JERRY BROWN SIGNS BILL ALLOWING LOCAL AUTHORITIES TO REGULATE MEDICAL MARIJUANA DISPENSARIES" »
Posted on Aug 17, 2011 By Scott Hughes
On Friday, August 12 th , a posting on rapper "The Game's" Twitter account offered an internship with his Black Wall Street label and posted the number of the Los Angeles County ...
Continue reading "CAN THE GAME BE PROSECUTED FOR HIS TWITTER POSTING?" »
Posted on Aug 15, 2011 By Scott Hughes
As discussed in our previous posts, the Fourth Amendment requires that police obtain a search warrant or have reasonable suspicion of a crime before searching a person or their property. However, ...
Continue reading "Can police use your cell phone to track you?" »
Posted on Aug 2, 2011 By Scott Hughes
When a warrant has been issued, it means that a judge has issued a warrant for an individual’s arrest and set an amount for bail. The warrant then is entered into a nationwide database and if ...
Continue reading "What do I do if there is a warrant out for my arrest?" »
Posted on Jul 23, 2011 By Scott Hughes
California Felony Sentencing just got easier to calculate with the new Iphone App which includes the 2011 Sentencing for California in your pocket. The sentencing Application available in the ITunes ...
Posted on Jul 16, 2011 By Scott Hughes
Last week's verdict where Casey Anthony was found not guilty of child abuse and murdering her two-year old child, Caylee, prompted dissatisfied citizens to start an internet movement for pass ...
Continue reading "CASEY ANTHONY VERDICT PROMPTS ONLINE PETITION TO HOLD PARENTS ACCOUNTABLE FOR REPORTING MISSING CHILDREN" »
Posted on Jul 13, 2011 By Scott Hughes
California's Senate Bill (SB) 9 offers hope to those inmates in California currently serving life without parole sentences for crimes committed while still a juvenile. SB 9 provides inmates ...
Continue reading "CALIFORNIA'S "SECOND CHANCE" BILL OFFERS HOPE TO IMPRISONED YOUTH" »
Posted on Feb 15, 2011 By Scott Hughes
A Physician in California must report a conviction of either a felony or a misdemeanor to the California State Medical Board.Doctors must report their convictions to the medical board within 30 days ...
Continue reading "Physicians Must Report Felony or Misdemeanor Convictions" »
Posted on Feb 11, 2011 By Scott Hughes
The defendant may appeal a judgment or order in misdemeanor or infraction cases to the appellate division of the superior court of the county in which the case was heard. The defendant in a ...
Continue reading "Misdemeanor and Infraction Criminal Appeals" »
Posted on Jan 19, 2011 By Scott Hughes
In light of a recent decision released by the Court of Appeal for the Fifth District of California, criminal defense attorneys in California will have to be careful when it comes to propensity ...
Continue reading "Propensity evidence may not be as clear-cut as it seems!" »
Posted on Nov 20, 2010 By Scott Hughes
In a decision issued by the California Court of Appeal, Fourth Appellate District, likely to be overruled, the court held that uncharged sexual offenses committed outside the United States are ...
Continue reading "Court rules prior uncharged acts committed in foreign country admissible as propensity evidence under 1108" »
Posted on Nov 14, 2010 By Scott Hughes
People v. Johnson , 2010 WL 4371367 (Cal.App. 1 Dist.) Early this month, the Court of Appeal for the First District of California held that a victim's out-of-court statements to a 911 operator while ...
Continue reading "911 Call Regarding Ongoing Emergency Not Barred by Confrontation Clause" »
Posted on Oct 25, 2010 By Scott Hughes
Orange County Court Judges continue to rely heavily on the recommendation of probation officers at sentencing hearings.That is why preparing a client for his or her interview can have a substantial ...
Continue reading "Orange County Presentencing Report Tips" »
Posted on Oct 12, 2010 By Scott Hughes
In People v. Vance (Cal.App. 1 Dist.) the prosecutor in a murder trial committed prosecutorial misconduct by making an improper "Golden Rule" argument inviting the jury to put itself in the victim's ...
Continue reading "Prosecutor's "Golden Rule" and victim impact arguments required reversal of murder conviction. " »
Posted on Sep 25, 2010 By Scott Hughes
In a recently published California Federal District Court case, U.S. v. Stacy, the defendant was not entitled to present a "medical marijuana" defense to his federal drug charges. The ...
Continue reading "Medical Marijuana Defense under Federal Law" »
Posted on Sep 16, 2010 By Scott Hughes
Orange County DUI DMV Administrative Hearings DUI Administrative Hearings If you have been arrested for a DUI in Orange County, California, you have the right to an Administrative Hearing before the ...
Continue reading "Orange County DUI Administrative Hearings" »
Posted on Aug 15, 2010 By Scott Hughes
In City of Ontario v. Quon, 130 S.Ct.___(June 17, 2010), one of the most important Fourth Amendment decisions of the United States Supreme Court last term, was technically not a criminal case. Officer ...
Continue reading "The Fourth Amendment and Text Messaging Using Government Issued Pagers" »
Posted on Jul 12, 2010 By Scott Hughes
In Orange County, California, the Orange County District Attorney’s Office has implemented a DNA collection program as part of its plea bargaining process.For minor misdemeanor cases, an ...
Continue reading "Constitutionality of DNA Collection in Orange County" »
Posted on Jul 8, 2010 By Scott Hughes
The California Supreme Court overturned the Court of Appeal's reversal of defendant's conviction under California Penal Code section 4573, which makes it a felony for any person to knowingly ...
Continue reading "Government Compels Self-Incrimination in Possession of Narcotics Cases" »
Posted on Jun 28, 2010 By Scott Hughes
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects a right to keep and bear arms. The United States Supreme Court ruled today in ...
Continue reading "Second Amendment Applies to State and Local Gun Bans" »
Posted on Jun 16, 2010 By Scott Hughes
California Vehicle Code Section 23700 goes into effect July 1, 2010 requiring an Ignition Interlock Device to be installed on all vehicles owned or operated by a driver who has received a DUI in ...
Continue reading "Ignition Interlock Device Pilot Program" »