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Blog Posts in 2011

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New California Laws for 2012

With the new year brings new laws for California. We’ve highlighted a few important ones that will take effect starting January 1, 2012. AB 144 : Carrying an exposed and unloaded handgun in any ...
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SB 914 PROTECTS YOUR CELL PHONE FROM ARBITRARY POLICE SEARCHES

We previously blogged the People v. Diaz case where the California Supreme Court ruled that the police, when arresting you, do not need to obtain a warrant to search the personal data contained on ...
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TOP 5 iPHONE APPS FOR CALIFORNIA LAWYERS

There are thousands of apps geared at productivity. Which are the top apps that every California lawyer should have on their iPhone? This post will introduce you to five most effective apps that every ...
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BART VIOLATES PASSENGERS' FIRST AMENDMENT RIGHTS

Transit authorities at San Francisco Bay Area Rapid Transit (BART), fearing a demonstration over BART police’s fatal shooting of a 45-year-old man on July 3rd, blocked wireless signals at its ...
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CALIFORNIA DEATH PENALTY REPEAL BILL PASSES ASSEMBLY PUBLIC SAFETY COMMITTEE

This week, bill SB 490 passed the Assembly Public Safety Committee. This bill would be the first step in changing the death penalty as we understand it in California, replacing the death penalty with ...
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SUPREME COURT AGREES TO DECIDE WHETHER GPS TRACKING CONSTITUTES A SEARCH

IN U.S. v. Jones, police placed a global positioning system (GPS) on Jones' vehicle without first obtaining a search warrant. The GPS allowed law enforcement to track Jones' movements, which ...
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What happens if I am in a Car Accident and Someone Sues Me?

The first thing you should do is to contact your insurance company or insurance agent immediately and forward and documents you received. The insurance company has lawyers that will be assigned to ...
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SUPREME COURT RULES THAT SUBSTITUTE TESTIMONY IMPERMISSIBLE IN DUI CASE

In the Supreme Court's 2009 decision in Melendez-Diaz v. Massachusetts, the Court ruled that crime laboratory reports are only admissible against criminal defendants at trial if the analyst ...
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SMARTPHONES CREATE APPLICATIONS FOR DUI CHECKPOINTS

While advancements in technology make it possible for us to have a wealth of information instantaneously, four Democratic Senators contend that recent Smartphone applications may have gone too far. ...
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WHAT TO DO IF YOU ARE PULLED OVER FOR A DUI

Orange County DUI Attorney Scott D. Hughes suggests that the best way to avoid a DUI arrest is not to drink and drive. However, if you do find yourself behind the wheel after having a drink and you ...
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ARE YOUR GUESTS SAFE FROM A WARRANTLESS SEARCH AND SEIZURE?

Early in May, in People v. Magee, the California Court of Appeal for the First Appellate District, ruled that a defendant does not have a reasonable expectation of privacy in a friend’s home if ...
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Supreme Court Upholds Arizona Law Restricting Hiring of Illegal Aliens

The Supreme Court in Chamber of Commerce v. Whiting voted 5-3 and upheld an Arizona law that penalizes employers for knowingly hiring unauthorized foreign workers. Under the Legal Arizona Workers Act, ...
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CHP DUI Warrant Taskforce

After receiving a federal grant, the CHP intends to reduce the backlog of outstanding California DUI cases. With 330,000 misdemeanor and felony DUI arrest warrants outstanding, the California Highway ...
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CAN POLICE SEARCH YOUR CELL PHONE WITHOUT A WARRANT?

In California Supreme Court opinion of People v. Diaz, the Court held that law enforcement may open up your cell phone if it is found on your person during an arrest and may look at the contents ...
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Assembly Appropriations Committee to hear California DREAM Act

On Wednesday, April 13th, 2011 at 9:00 a.m., AB 130 and AB 131 of the California DREAM Act will be heard in the Assembly Appropriations Committee. As you may recall in our previous blog post on the ...
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April is Distracted Driving Awareness Month!

April 1st, 2011, marked the first day of the nation’s first Distracted Driving Awareness Month. Congress designated the month to increase awareness of efforts to target distracted driving. The ...
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Another Attack on the Confrontation Clause in Michigan v. Bryant

The Sixth Amendment guarantees a criminal defendant the right to confront witnesses against the defendant at trial. This right to confrontation includes the right to cross-examine the witness. ...
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Supreme Court Preserves First Amendment Protections of Offensive Speech

The Westboro Baptist Church is well known for their protests outside of funerals while carrying signs that suggest that America’s soldiers were dying in Afghanistan and Iraq because of the nation’s ...
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"Like" Us on Facebook and we will Donate $1000 to Japan Relief!

If 500 people "Like" us on Facebook before the end of the month, I will donate $1,000.00 to Japan Relief Efforts. Go to the Law Offices of Scott D. Hughes Facebook Page and "Like" us. Law Offices of ...
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Pretrial Diversion May No Longer Available on The Day of Trial

Under the terms of a Pretrial Diversion program, criminal charges are usually dismissed following the successful completion of a therapeutic program. Last week in People v. Anderson, the Appellate ...
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Orange County Asset Forfeiture

If a person has been charged with a criminal offense in Orange County, California, which money or property was seized by the police during the arrest, the government may attempt to have obtain that ...
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PRODUCTS LIABILITY: AN OVERVIEW AND WHAT TO DO IF YOU HAVE BEEN INJURED BY A PRODUCT

As consumers, we purchase products with the belief that whoever made them for our use did so with our safety and well being in mind. Even if that is the case, sometimes mistakes occur and our safety ...
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California DUI Blood and Breath Tests

California Law requires a person who is suspected of driving under the influence of alcohol to submit to a blood or a breath test to determine their blood alcohol concentration. Breath tests are less ...
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Is Susceptibility to Future Injury or Harm Compensable in a Personal Injury Case?

Is Susceptibility to Future Injury or Harm Compensable? After treatment for most injuries, symptoms disappear and the patient might be feeling better. However, injured areas such as the neck and back ...
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Why Should I get Uninsured Motorist Insurance Coverage?

If you obtain uninsured/underinsured motorist coverage and an uninsured or underinsured motorist hits you causing personal injury, you will be able to obtain coverage for up to the limits that you ...
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