Blog Posts in 2010
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" »
Posted on Jun 2, 2010 By Scott Hughes
In almost every Orange County Criminal case, a client will ask whether the fact that the police had failed to read them their Miranda rights before questioning them means that their case might be ...
Continue reading "Protect Your Rights by Expressly Invoking Miranda" »
Posted on May 21, 2010 By Scott Hughes
Orange County Gang Enhancement Defense To warrant a gang enhancement, California law requires the prosecutor to prove two things. First, the prosecutor must demonstrate that the defendant committed a ...
Continue reading "Defending Gang Enhancements in Orange County" »
Posted on May 12, 2010 By Scott Hughes
An assault is a demonstration of an unlawful intent by one person to inflict immediate injury or offensive contact on the person of another. Although physical contact is not an element of assault, ...
Continue reading "Orange County Assault and Battery Defense " »
Posted on May 3, 2010 By Scott Hughes
A felony plea is an agreement between the prosecutor or the court and the defendant to plead guilty to a specific offense in exchange for certain terms of punishment. Most criminal cases in Orange ...
Continue reading "What is a felony plea and how is it taken in Orange County, CA?" »
Posted on Apr 27, 2010 By Scott Hughes
There has been a recent trend among police to arrest people for a DUI when all the person had taken was some prescription drugs with no significant evidence of impaired driving. In fact, in most ...
Continue reading "DUI Prescription Drugs" »
Posted on Apr 13, 2010 By Scott Hughes
A person has certain rights when he or she is arrested. After being arrested, the law enforcement officer must tell you the following before asking any questions: You have the right to remain silent. ...
Continue reading "What Rights Does a Person Have After Being Arrested?" »
Posted on Apr 9, 2010 By Scott Hughes
Have you or someone you know been arrested for driving under the influence ( DUI ) in Huntington Beach , Newport Beach, or Orange County, California. Are you feeling hopeless or confused by the DMV ...
Continue reading "Defending DUI Charges in Orange County, California" »
Posted on Apr 6, 2010 By Scott Hughes
If you or are loved one is charged with a criminal in Huntington Beach , Newport Beach, or Orange County, California, then it is very important that you contact an experienced criminal defense ...
Continue reading "A Strong Criminal Defense Requires Immediate Preservation of Evidence" »
Posted on Mar 4, 2010 By California Criminal Defense Lawyer
Our attorneys are pleased to announce the launch of our criminal defense blog with an RSS feed available .
Continue reading "Welcome to our California Criminal Defense Blog" »