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Scott David Hughes

Scott Hughes’s Answers

6 total

  • What do I say on my arraignment?

    Pety theft 1st time (and last I might add) $55, I'm hoping for a dismissal and asking for a PD though from the reading I've been doing they charge you with the crime officially and ask if you are guilty or not. Do I say not guilty and ask for a P...

    Scott’s Answer

    If you wish to obtain a Public Defender to assist you in your representation, you will need to let the Judge know prior to entering a plea. When the Judge calls your case, just state "I wish to apply for the public defender." The judge will then usually give you a financial declaration to fill out to see whether you qualify, based on your financial status. If approved, the Judge will appoint the public defender and he or she will advise you on your plea and attempt to negotiate your minor offense with the district attorney. Best of luck.

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  • Criminal defense

    Is a PC991 motion actually a written, noticed motion, or is it an oral motion that is asked for on the spot by an attorney?

    Scott’s Answer

    A PC 991 Motion can be made either orally or in writing, there is no requirement that it be done either way. If in writing, a person should include documentary evidence, sworn declarations, or reports to support his or her claim that the complaint lacks sufficient probable cause that a public offense was committed or that he or she is not the person who committed it.

    My preference is to request such a hearing orally on the spot at the arraignment but to set the hearing for the matter a few days away so that I can draft a written argument unless its clear from the police report, complaint or warrant that my client was not the perpetrator, or that no crime was committed.

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  • I had a slip & fall in Ruby's restaurant 4/5/11. I have been gathering bills from treatments. I think I need an attorney.

    Ruby's has a 'risk assessment group' that handles this. They told me they could not settle until my treatments were done. I just had a cervical spine injection to the medial nerve branch on 9/26/12 in hopes it will stop the ongoing pain, so, at...

    Scott’s Answer

    I understand how difficult it can be dealing with third party risk assessment handlers for big companies like Ruby's. Ruby's has a legal responsibility to make it's floor safe to walk on and the negligence of their staff can make Ruby's liable. You have two years from the date of your injury to file a lawsuit, although its possible to settle the case prior to filing a lawsuit.

    My office is in Newport Beach. If you would like a no obligation free consultation, please contact my office at 714-987-2671 or by email at scott@scotthugheslaw.com.

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  • Probation for DUI

    Is having your license suspended for accumulating too many points a cause for violation of the terms of one's probation.

    Scott’s Answer

    It depends on what the reason is for accumulating too many points. If its solely due to traffic infractions, then no, you will not violate your DUI probation by getting too many traffic infractions. However, your licenses was suspended due too many points because of any new misdemeanors, then you could be in violation of your DUI probation.

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  • What are the usual conditions of a felony for possession of narcotics first offense, instead of taking a 30day rehab program?

    What are the usual conditions of a felony for possession of narcotics first offense, instead of taking a 30day rehab program?

    Scott’s Answer

    California Health and Safety Code 11350 HS California's "possession of controlled substances" provides that If convicted of this offense you face either:

    (a) probation and up to a year in county jail, or

    (b) a California state prison sentence of 16 months, or two or three years.18

    However, since this is a first offense, you may be eligible for Proposition 36 or Penal Code 1000, or drug court. If you successfully complete the drug diversion program, your drug charges will ultimately be dismissed.

    Drug diversion is not offered to everyone and there are a number of limitations. Consult with an experienced California drug crime defense attorney to find out if you qualify for this type of alternative sentencing.

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  • Inquiry!

    Does a certified copy of court disposition document include everything like Arrest details,police report and final outcome of the case?

    Scott’s Answer

    No. The certified copy of the court disposition document most likely only contains the docket report of all of the events occurring in the court case, such as the list of charges, the date of arraignment, plea terms etc. but does not contain a police report or the "arrest details."

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