Blog

• Posted By Scott Hughes 29-Jul-2015

  What do I do if there is a warrant out for my arrest?

  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 law enforcement runs a search and the warrant turns ...

  Continue Reading
• Posted By Scott Hughes 25-Oct-2012

  Anti-Depressants DUI in Orange County

  Driving Under the Influence of Prescription medication is the latest trend in charges filed in Orange County, CA. Most common, the police will arrest a driver who has taken a central nervous system depressant, even if the medication was prescribed. A ...

  Continue Reading
• Posted By Scott Hughes 22-Oct-2012

  Punishments for DUI in Orange County

  The penalties for a DUI in California are getting more and more severe each year. By simply going to court and pleading guilty to a DUI, you face the following punishments: • County Jail and fine - On a Second Offense DUI, the Orange County ...

  Continue Reading
• Posted By Scott Hughes 7-Jul-2012

  Orange County and Los Angeles County Federal Crimes And Defenses

  Orange County and Los Angeles County Federal Crimes And Defenses Many crimes can be prosecuted in both state and federal courts. A state crime is a violation of a statute or ordinance passed by the state legislature or a local authority and a federal ...

  Continue Reading
• Posted By Scott Hughes 2-Jul-2012

  Prescription Painkillers, Anti-Anxiety Medications, Narcotics Can Lead To Drug Crime Charges in California

  Prescription Painkillers, Anti-Anxiety Medications, Narcotics Can Lead To Drug Crime Charges in California Codeine, Xanax, Valium, Vicodin, Percocet, Oxycontin, Aderall, Tramadol, Viagra, Ambien / Lunesta are some of the world's most commonly ...

  Continue Reading
• Posted By Scott Hughes 18-Nov-2011

  California Court of Appeal Holds That Inserting a Key in Door of a Residence Without a Warrant Does Not Violate the Fourth Amendment

  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 cartridges and tested the keys. One of the keys fit into the ...

  Continue Reading
• Posted By Scott Hughes 17-Nov-2011

  Facebook Is Watching Your Internet Activity

  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 "Like" button. Facebook is able to do this because ...

  Continue Reading
• Posted By Scott Hughes 30-Sep-2011

  California Prison Realignment

  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 reduce its prison population. The basic concept is to ...

  Continue Reading
• Posted By Scott Hughes 22-Sep-2011

  Orange County District Attorney Files Murder Charges Against Fullerton Officers in the Beating Death of a Homeless Man

  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 Thomas, a mentally ill, homeless man. Officer Ramos ...

  Continue Reading
• Posted By Scott Hughes 21-Sep-2011

  Gov. Jerry Brown Signs Bill Allowing Local Authorities to Regulate Medical Marijuana Dispensaries

  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 dispensaries. The bill was drafted after much legal debate ...

  Continue Reading
• Posted By Scott Hughes 17-Aug-2011

  Can the Game Be Prosecuted for His Twitter Posting?

  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 Sheriff's Department in Compton, California. As The Game had ...

  Continue Reading
• Posted By Scott Hughes 15-Aug-2011

  Can police use your cell phone to track you?

  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, growing concern has arisen over police use of cell ...

  Continue Reading
• Posted By Scott Hughes 16-Jul-2011

  Casey Anthony Verdict Prompts Online Petition to Hold Parents Accountable for Reporting Missing Children

  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 legislation that would require parents and guardians to ...

  Continue Reading
• Posted By Scott Hughes 13-Jul-2011

  California's "Second Chance" Bill Offers Hope to Imprisoned Youth

  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 serving sentences of life without parole for crimes ...

  Continue Reading
• Posted By Scott Hughes 15-Feb-2011

  Physicians Must Report Felony or Misdemeanor Convictions

  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 of the date of conviction. Doctors who fail to ...

  Continue Reading
• Posted By Scott Hughes 11-Feb-2011

  Misdemeanor and Infraction Criminal Appeals

  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 misdemeanor or infraction case has a pretrial right to ...

  Continue Reading
• Posted By Scott Hughes 19-Jan-2011

  Propensity evidence may not be as clear-cut as it seems!

  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 evidence Generally, evidence of prior criminal acts is ...

  Continue Reading
• Posted By Scott Hughes 20-Nov-2010

  Court rules prior uncharged acts committed in foreign country admissible as propensity evidence under 1108

  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 admissible as propensity evidence. The defendant and ...

  Continue Reading
• Posted By Scott Hughes 14-Nov-2010

  911 Call Regarding Ongoing Emergency Not Barred by Confrontation Clause

  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 driving away from the scene of the shooting to ...

  Continue Reading
• Posted By Scott Hughes 25-Oct-2010

  Orange County Presentencing Report Tips

  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 positive impact on the probation officer’s ...

  Continue Reading
• Posted By Scott Hughes 12-Oct-2010

  Prosecutor's "Golden Rule" and victim impact arguments required reversal of murder conviction.

  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 position, as well as improper victim impact ...

  Continue Reading
• Posted By Scott Hughes 25-Sep-2010

  Medical Marijuana Defense under Federal Law

  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 defendant's compliance with California state law ...

  Continue Reading
• Posted By Scott Hughes 16-Sep-2010

  Orange County DUI Administrative Hearings

  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 DMV to determine the following issues: 1. Did the ...

  Continue Reading
• Posted By Scott Hughes 15-Aug-2010

  The Fourth Amendment and Text Messaging Using Government Issued Pagers

  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 Quon was a SWAT Officer working in the Ontario ...

  Continue Reading
• Posted By Scott Hughes 12-Jul-2010

  Constitutionality of DNA Collection in Orange County

  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 attorney can negotiate for a “voluntary” ...

  Continue Reading