Newport Beach Criminal Defense Attorney Blog by The Law Offices of Scott D. Hughes

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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” ...

Blog

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

Anti-Depressants DUI in Orange County

Punishments for DUI in Orange County

Orange County and Los Angeles County Federal Crimes And Defenses

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

CALIFORNIA COURT OF APPEAL HOLDS THAT INSERTING A KEY IN DOOR OF A RESIDENCE WITHOUT A WARRANT DOES NOT VIOLATE THE FOURTH AMENDMENT

FACEBOOK IS WATCHING YOUR INTERNET ACTIVITY

CALIFORNIA PRISON REALIGNMENT

ORANGE COUNTY DISTRICT ATTORNEY FILES MURDER CHARGES AGAINST FULLERTON OFFICERS IN THE BEATING DEATH OF A HOMELESS MAN

GOV. JERRY BROWN SIGNS BILL ALLOWING LOCAL AUTHORITIES TO REGULATE MEDICAL MARIJUANA DISPENSARIES

CAN THE GAME BE PROSECUTED FOR HIS TWITTER POSTING?

Can police use your cell phone to track you?

CASEY ANTHONY VERDICT PROMPTS ONLINE PETITION TO HOLD PARENTS ACCOUNTABLE FOR REPORTING MISSING CHILDREN

CALIFORNIA'S "SECOND CHANCE" BILL OFFERS HOPE TO IMPRISONED YOUTH

Physicians Must Report Felony or Misdemeanor Convictions

Misdemeanor and Infraction Criminal Appeals

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

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

911 Call Regarding Ongoing Emergency Not Barred by Confrontation Clause

Orange County Presentencing Report Tips

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

Medical Marijuana Defense under Federal Law

Orange County DUI Administrative Hearings

The Fourth Amendment and Text Messaging Using Government Issued Pagers

Constitutionality of DNA Collection in Orange County

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