Blog Posts in 2010

• 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 ...

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• 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 ...

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• 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 ...

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• 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 ...

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• 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 ...

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• 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 ...

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• 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 ...

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• 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” ...

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• Posted By Scott Hughes 16-Jun-2010

  Ignition Interlock Device Pilot Program

  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 Alameda, Los Angeles, Sacramento, and Tulare Counties. ...

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• Posted By Scott Hughes 21-May-2010

  Defending Gang Enhancements in Orange County

  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 felony "for the benefit of, at the direction ...

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• Posted By Scott Hughes 12-May-2010

  Orange County Assault and Battery Defense

  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, violence or offensive contact that is threatened is ...

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• Posted By Scott Hughes 3-May-2010

  What is a felony plea and how is it taken in Orange County, CA?

  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 County, California, are settled long before trial by ...

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• Posted By Scott Hughes 27-Apr-2010

  DUI Prescription Drugs

  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 cases, there was no vehicle code violation. However, ...

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• Posted By Scott Hughes 13-Apr-2010

  What Rights Does a Person Have After Being Arrested?

  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. Anything you say may be used against you. You have ...

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• Posted By Scott Hughes 9-Apr-2010

  Defending DUI Charges in Orange County, California

  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 and Court Processes? The first step to defending your ...

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