Criminal Defense Blog | Law Offices of Scott D. Hughes

Posted By SCOTT D. HUGHES 7-Dec-2020

Officer's Placing of Knee in Back of Arrestee Who is Lying Down Could Be Excessive Force

In a police abuse or excessive force complaint under 42 U.S.C. § 1983 against an officer, a knee on the back may constitute a meaningful personal intrusion when it causes injury. In assessing the governmental interest in use of force, the court ...

Posted By Scott D. Hughes 26-Sep-2017

Face ID nor Touch ID Protects Your Right to Privacy

Apple just announced its newest phones, the iPhone 8 and iPhone X, both of which will feature Face ID as a security feature. This means you can use your face to unlock your phone. For many iPhone enthusiasts, this is an improvement on the Touch ID ...

Posted By Scott Hughes 28-Nov-2016

New Criminal Laws in California for 2017

New Criminal Laws in California for 2017 Several major changes are coming to California criminal law in 2017. The biggest change will occur if Prop 64 passes because it would legalize marijuana in the state. Governor Brown signed into law three ...

Posted By Scott Hughes 7-Nov-2016

Prop 64 Could Legalize Marijuana in California

Prop 64 Could Legalize Marijuana in California Although medical marijuana is legal in California, the possession of marijuana for recreational use is illegal. Under current law, possession of more than 28.5 grams is a misdemeanor punishable by up to ...

Posted By Scott D. Hughes 28-Jul-2016

SEC Investigations Attorney

Any person or company that participates in the securities market could become the subject or target of a U.S. Securities & Exchange Commission (SEC) investigation. In United States v. Morton Salt, 338 U.S. 632, 652 (1950) , the Supreme Court of ...

Posted By Scott Hughes 10-May-2016

Suppression of Evidence Obtained by FBI's Use of Network Investigative Techniques (NIT)

Last month, a United States district court judge threw out evidence in a child abuse imagery case that the Federal Bureau of Investigation (FBI) had obtained using a hacking tool. While the court ruled to suppress the evidence, it did not prohibit ...

Posted By Scott Hughes 26-Apr-2016

Orange County Police Abuse Lawyer

Orange County Police Abuse Lawyer Police officers have a duty to protect and serve the public. Unfortunately, this is not always the case. When police officers abuse their authority, whether willfully or negligently, the victims of their abuse ...

Posted By Scott Hughes 21-Apr-2016

Orange County Police Shooting Lawyer

Orange County Police Shooting Attorney My law office is dedicated to pursuing justice for our clients. Police shootings occur all too frequently, and we believe the victims of unjustified police violence deserve justive and compensation. We hold ...

Posted By Scott Hughes 27-Nov-2015

Orange County Insurance Fraud Investigations

Orange County Insurance Fraud Investigations Sunny and beautiful Orange County, California is home to a large senior citizen population. A vast majority of these senior citizens utilize federal health insurance programs like Medicare and Medicaid. ...

Posted By Scott Hughes 23-Nov-2015

Criminal Arraignment in California

What is an Arraignment in California? An arraignment is a court appearance at which the defendant is informed of the charges against him, given a copy of the accusatory pleading and given an opportunity to enter a plea of either guilty or not guilty. ...

Posted By Scott Hughes 20-Nov-2015

Local Orange County Federal Wire Fraud Prosecution

Local Orange County Federal Wire Fraud Prosecution As an overview, wire fraud is a scheme designed to deprive an individual of their property, usually money, by using lies or false pretenses. According to 18 U.S.C. 1343, wire fraud encompasses ...

Posted By Scott Hughes 17-Nov-2015

Defending Against Federal Wire Fraud Charges in Orange County and Los Angeles When You Lack the Intent to Defraud

Defending Against Federal Wire Fraud Charges in Orange County and Los Angeles When You Lack the Intent to Defraud Fraud in general is a very intent-focused crime. Investors lose billions each year when they choose the wrong companies to invest in. ...

Posted By Scott Hughes 22-Oct-2015

New California Law Penal Code Section 1016.3

The new California law Penal Code Section 1016.3 was signed by Gov. Brown imposing additional duties on California Criminal Defense Lawyers. In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment ...

Posted By Scott Hughes 27-Feb-2014

Orange County Juvenile Criminal Defense

If a Petition is filed against a minor under Welfare and Institutions Code section 602, the parents and minor will be notified by the Court through the mail. The case will be set for an initial appearance in which the minor will be entitled to have ...

Posted By Scott Hughes 18-Dec-2013

Orange County DUI and Anonymous Tips of Drunk Drivers

Everyone has had that moment when they spot a police car and they begin to sit upright, place both hands on the wheels, and look as alert as possible. Most of the time, nothing happens. But, sometimes, the police will pull you over for no apparent ...

Posted By Scott Hughes 23-Apr-2013

Orange County Marijuana DUI Symptoms

Orange County has been vigoriously prosecuting Marijuana DUIs. Many people ask me about the symptoms of a Marijuana DUI. When a person is under the influence of Marijuana or THC the following symptoms can be expected : Horizontal Gaze Nystagmus: None ...

Posted By Scott Hughes 21-Apr-2013

What is the Definition of Being Under the Influence in Orange County Courts?

"Under the Influence" is defined as Driving Ability Impaired to an Appreciable Degree. "Under the influence" is defined as when the alcohol has so far affected the nervous system, the brain, or muscles so as to impair to an ...

Posted By Scott Hughes 9-Apr-2013

10 Questions to ask yourself before Hiring an Orange County DUI Lawyer

Following your initial meeting with an Orange County DUI Lawyer and before you make your decision to hire him or her, ask yourself: 1) Did this lawyer listen to me? 2) Did this lawyer carefully inquire about the events preceding my arrest and charge, ...

Posted By Scott Hughes 6-Apr-2013

Orange County DUI - I was not Driving

Can the government prove that you were actually driving and that you were tested within three hours of driving? In a DUI case, the Orange County Prosecutors must prove that you had 0.08% or more alcohol content in your breath or in your blood at the ...

Posted By Scott Hughes 2-Apr-2013

Orange County DUI Checkpoint Lawyer

Guidelines for evaluating the intrusiveness of an Orange County DUI checkpoint stop: • Decisions to establish checkpoints and regarding site selection and procedures should be made by supervisors and not officers in the field. • Decisions ...

Posted By Scott Hughes 30-Mar-2013

Orange County DUI Accident Lawyer

If you were involved in an Orange County DUI accident in which there was either personal injury or property damage, and you are found to be under the influence of alcohol or drugs or both, you need an experienced lawyer by your side to resolve your ...

Posted By Scott Hughes 9-Mar-2013

Orange County DUI Trial Lawyer

Jury Trial for DUI in Orange County, California The law establishes how much time should or should not elapse between arrest and trial in a criminal case. However, those time limits can be waived so that you or your lawyer can obtain discovery ...

Posted By Scott Hughes 22-Feb-2013

What Happens at a Pretrial Hearing in Orange County?

Pretrial Hearings in Criminal Cases in Orange County Prior to trial, the prosecutor and the Orange County Criminal Defense Attorney will have an opportunity to exchange information. This process is called discovery. During discovery, the Orange ...

Posted By Scott Hughes 24-Jan-2013

What Happens At Arraignment in Orange County?

The arraignment is the first time you appear in Orange County Court. The judge will call your case and you will have to stand while the judge reads the charges filed against you and formally advises you of your rights. If you are in custody, you must ...

Posted By Scott Hughes 15-Jan-2013

Huntington Beach DUI Lawyer

Driving Under the Influence Defense Lawyers Huntington Beach If you are arrested in Huntington Beach, California for DUI involving alcohol, you will most likely be charged with two counts, California Vehicle Code Section 23152(a) and 23152(b). If the ...

Posted By Scott Hughes 15-Oct-2012

Dont Plead Guilty to an Orange County DUI Without Being Able to Answer These 10 Questions

Before going to court and just pleading guilty to a DUI in Orange County, at a minimum, you or your lawyer, should be able to answer the following 10 questions: 1. What constitutes a DUI in California? 2. What happened to you when you were arrested ...

Posted By Scott Hughes 7-Jul-2012

Orange County Shoplifting and Petty Theft Cases

Orange County Shoplifting Arrest Can Harm Your Record A shoplifting charge, though a "Petty Theft" in California, denotes a special class of crimes called "Crimes of Moral Turpitude" referring to "crimes involving ...

Posted By Scott Hughes 3-Jul-2012

TAKING FIELD SOBRIETY TESTS IN ORANGE COUNTY CALIFORNIA

Orange County Field Sobriety Tests California law mandates that a police officer may stop a car and ask the driver to step out if he suspects that the driver is operating the vehicle while his ability to drive is impaired due to the presence of ...

Posted By Scott Hughes 26-Jun-2012

Should I take a breath test or a blood test In Orange County?

TESTING BLOOD ALCOHOL CONTENT: BLOOD TEST v. BREATH TEST If a California peace officer asks you to stop your car on a suspicion that you are driving under influence, he is likely to ask you if you have been drinking, how many drinks you have had, and ...

Posted By Scott Hughes 3-Mar-2012

DUI arrest & enhanced punishments for intoxicated adult driving children

Motor vehicle crashes are a major cause of death for ages 3 to 14. In 2009, 14 percent of the children age 14 and younger who were killed in motor vehicle crashes were killed by drivers who were impaired by alcohol. Of the 181 children 0 to 14 years ...

Posted By Scott Hughes 28-Feb-2012

Bicycling Under Influence of Alcohol or Drugs in Orange County

You may have a bad experience with a BUI road trap after party and a little too much "alcohol." The state police may stop you at a "highway" and question you if you are drunk. You cannot lie as the police can smell alcohol in your ...

Posted By Scott Hughes 25-Feb-2012

What happens to your drivers license after an Orange County DUI?

Drivers must know that a DUI conviction can impose fines, penalties, and impact your driving privileges. If you are 21 or older and arrest you for a DUI, you may be charged primarily for driving under the influence of alcohol and also for a secondary ...

Posted By Scott Hughes 16-Feb-2012

Underage DUI Arrests in Orange County

California's underage DUI laws are among the toughest in the nation. California has a zero tolerance law. The Blood Alcohol Concentration (BAC) limit is 0.01% for drivers under 21. This means teens cannot drink any alcohol and operate a motor ...

Posted By Scott Hughes 9-Feb-2012

Orange County DUI Drug Arrests for Anti Depressants, Pain Killers, And Allergy Medications

Arrests for DUI for using prescription drugs are on the rise, especially in California. Any substance or combination of substances, other than alcohol, which is capable of affecting the nervous system, brain, or muscles of a person, is considered a ...

Posted By Scott Hughes 24-Jan-2012

Rising Blood Alcohol Defense to Orange County DUI Charges

Once ingested, alcohol is constantly absorbed into, and eliminated from, the body. Absorption takes place at a variable rate, depending on a numerous factors include: • The amount of food in the stomach. • The alcohol concentration of the ...

Posted By Scott Hughes 21-Sep-2011

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 your cell phone. The rationale behind the decision ...

Posted By Scott Hughes 9-Jul-2011

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 life imprisonment without the possibility of ...

Posted By Scott Hughes 2-Jul-2011

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 ultimately led to the seizure of 100 kilograms of ...

Posted By Scott Hughes 30-Jun-2011

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 your case and they will defend you against any ...

Posted By Scott Hughes 9-Jun-2011

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. Recently, USA Today covered the story about four ...

Posted By Scott Hughes 6-Jun-2011

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 are pulled over, Orange County DUI Attorney Scott D. ...

Posted By Scott Hughes 2-Jun-2011

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 that defendant is only in the home as a means to ...

Posted By Scott Hughes 30-May-2011

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 Patrol (CHP) recently announced its new task force ...

Posted By Scott Hughes 18-Apr-2011

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 without a warrant. In Diaz, the court reasoned that ...

Posted By Scott Hughes 29-Mar-2011

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. Recently, the United States Supreme Court ruled that ...

Posted By Scott Hughes 8-Mar-2011

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 property through asset forfeiture. The government ...

Posted By Orange County Attorney 25-Oct-2010

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