Orange County Criminal Lawyer Blog

SANTA ANA, Orange County - A trial has been set by Orange County Superior Court judge for the man who is accused of murdering the Angels pitcher and two others in his DUI related crash in April.

The accused man, Andrew Gallo, 22, if convicted on all charges, could receive a 55-year to life prison sentence.

Gallo was driving under the influence / DUI through traffic light in Fullerton on April 9 and crashed on the other car and killed Angels pitcher Nick Adenhart, 22, Courtney Stewart, 20, a student and Henry Pearson, 25, a law student working toward a career as a sports agent.

Gallo was accused of three counts of second-degree murder. He is also charged with drunk-driving / DUI causing bodily injury, driving with a .08 blood-alcohol level or higher and causing great bodily injury, hit-and-run, and driving with a suspended license.

According to Fullerton Police report that Gallo's blood alcohol level was almost three times the legal limit at the accident.

California Penal Code section 191.5(b) says: " Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence."

Vehicular manslaughter is always a felony offense. This crime is charged when, in addition to driving under the influence, people commit an act that is likely to result in death to another.

Vehicular Manslaughter is unintentional and occurs when an unlawful act as a driver of a motor vehicle is committed. It is the crime of killing someone while driving a vehicle.

It is critical to hire an experienced Orange County DUI Attorney who has the experience and good understanding of the criminal defense law and california dui law in order to build a winning defense.

Continue reading "Orange County DUI Trial Set for the Man Killed Angels Pitcher" »

Orange County Register reports that an orange county man has been charged with attempted murder by assaulting his ex-girlfriend. The pretrial date has been set on Oct. 2 in Orange County's Superior Court Harbor Justice Center. He was charged with a previous assault a few days ago and was released from jail.

He had 11 criminal charges filed against him on Friday, the crimes he was charged of include attempted murder, forcible rape and sodomy, battery, burglary and violation of a restraining order.

Mark Jarosik, the alleged, 43, a manager at Orange County architectural firm, pleaded not guilty to all charges in June.

He is accused of breaking into his ex-girlfriend's Orange County home on May 15, with intention for larceny and murder. He was accused of forcible rape and attempted sodomy.

He was bailed out by his mother for $100,000 on June 5. But he went back to the Orange county home the next day and assaulted his ex-girlfriend again.

A preliminary hearing was set for Oct. 30. If he is convicted, he could be sentenced to 29 years to life in prison.

Jarosik had an argument with the ex-girlfriend on May 15. And the argument got escalated and he changed the lock to the house and left her inside the house. He was accused of raping her and she contacted police the next day. He was arrested on May 16 at a restaurant near the home.

California Penal Code Section 187 defines Murder as causing the death of another person with malice aforethought. Under California law, the punishment is severe. The punishment for murder is life in prison.

The defense to a murder crime depends on each individual situation, it could involves mistaken identification, accident, self-defense or justifiable homicide.

If you or someone you know has been accused of, arrested or investigated for murder, it is essential to consult an experienced Southern California Criminal Defense Attorney with expertise in Murder crimes or Homicide cases immediately.

Continue reading "Orange County Man Charged with Attempted Murder of Ex-girlfriend" »

GARDEN GROVE, Orange County - Orange County register reports a juvenile crime at Tuesday night involves with gun shots happened in Garden Grove, Orange County. No suspects have been found or identified yet.

Garden Grove, Orange County Police officers arrived the scene where the gun shots happened. When they responded to the gun fire, the police officers found two juveniles were shot and six bullet casings were also found after they got to the reported scene.

The gun shot was reported not related to the previous shooting in which two juveniles were shot in the leg.

Officers responded to Garden Grove gun fire on Tue and found two juveniles were shot when they arrived. Both young victims were taken to the hospital and it reported the injuries were not life threatening.

The details of the victims were not released and police suspected that the incident could relate to gang crimes.

Juveniles are the young people under the age of eighteen years old. They could be prosecuted the same ways just as adults.

And to parents surprise most of the time, that prosecutors can be as tough and aggressive to the juveniles as they are to adults.

Under the new California juvenile law, minors with charges of violent crimes can be treated as adults without a hearing before a juvenile judge.

Continue reading "Orange County Juvenile Crimes" »

SANTA ANA, Orange County - An Orange County doctor at Kaiser Hospital was charged with sexually assaulting a female patient of him when he was examing her. The victim sued him for sexual assault and sued the hospital for failing to fire the doctor despite previous sexual assault complaints.

The accused orange county doctor, David Hung Do, of Garden Grove, was a part-time physician. He had previous sexual assault in 2007 and 2008, and was terminated from Kaiser in December2008 after the arrest.

The victim, Jessica Moran, of Orange County, accused Do of sexual assault in Orange County when performing medical exams.

Moran went to Anaheim Kaiser Hospital in Jun 2008 to treat neck injury from a car crash. Do inappropriately touched her breasts during the exam.

Moran confronted Do, and he denied the act. She later called police. Moran was told by an investigator that Do had sexual assault compliant before and both patients called Kaiser to report the incident.

The lawsuit, filed by Santa Ana attorney, sues both Orange County Kaiser and the alleged doctor on the grounds of professional negligence, sexual assault, medical battery, negligent supervision and sexual harassment. It alleges the victim Moran suffered emotion distress from the assault.

Sexual Assault or sexual battery is defined as touching another person in a sexual way and the other person doesn't want it. Sex crimes or Sexual assault crimes can vary from misdemeanor to felony offenses. Individuals who have been charged with the sexual assault offenses usually often would like to keep their case confidential and private.

If you have been accused of a sex crime or sexual assault, you need to consult an experienced sex crimes attorney immediately.

Continue reading "Orange County Doctor Charged with Sexual Assault" »

SANTA ANA, Orange County - When Orange County Superior Court Judge sentenced Yanira Ramirez, 28, the Orange County DUI Driver, to nine years and eight months in prison for vehicular manslaughter, the single mother of two kids was in tears. .

She asked for forgiveness before she was sentenced to nearly 10 years in prison today for the death of a college student in a drunken, wrong-way crash in Orange county freeway in November 2007.

The Judge said it's tough decision for him to this sentencing, especially after he heard poignant statements from victim's family and friends.

The drunk driver, Ramirez, was driving a car which hit head on to Pauline's car on Nov. 30, 2007.

Ramirez could not remember how she got on the wrong way of the freeway.

Ramirez told the Judge she could not remember how she went on the wrong way and how collision happened, but she realized that she cannot justify her actions.
She admitted to investigators to drinking heavily earlier in the evening in Irvine restaurants.

She did not have a prior record for DUI or driving under the influence.

Continue reading "Orange County DUI Driver Convicted of Vehicular Manslaughter " »

SANTA ANA , Orange County - Two Santa Ana men, involved in a Santa Ana robbery crime shot a victim dead on Thursday. Police suspect them are gang members and the investigation is still ongoing.

According to Santa Ana police, the man who was killed is not a gang member.
The victim, 30, was robbed by these two gangsters when he was standing on a sidewalk. The victim was trying to fight when they were robbing him and was shot by the other man.

Santa Ana officers got a phone call regarding this Santa Ana robbery crime and the homicide crime.

When Santa Ana police showed up, the wounded man was already dead at the scene.

The robbers have left the scene. The witness said they seemed like in their late teens.
Santa Ana Police are still searching for them.

People have the information can get reward for $50,000 through the gang homicide reward program.

Homicide is a serious offense, and the penalties are harsh. People charged with this serious crime need a very experienced and skilled criminal defense lawyer to represent them.

Continue reading "Orange County Gang Homicide in Robbery Crime" »

Orange County Register reports that Santa Ana police arrested a Santa Ana lawyer and charged him with Assault with Deadly Weapon for his attempting to attack a process server with knife when he was serving the lawyer at his home with civil court papers.

The Santa Ana Attorney, Ralph Gibson Pagter, 49, was chasing after the process server and attempted to stab him with a large hunting knife while the server was trying to serve the lawyer with civil court papers. The process was able to escape the scene and he called Santa Ana police after he ran away from the lawyer's home to avoid being stabbed.

The Santa Ana lawyer, Pagter, later got back into his house after the process server fled. Later on, Santa Ana police arrived and order the Santa Ana Attorney to come out the house and explained what's happened. The Santa Ana lawyer surrendered peacefully and was arrested. Santa Ana police found the large hunting knife in his house after the arrest.

The Santa Ana lawyer, Pagter, was charged with assault with a deadly weapon and is being held in Orange County Jail.

According to California Penal Code 240, "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another."

Assault and battery is very serious crime. Under California criminal law, assault and battery is a violent crime. An individual charged with assault and battery could get a "strike" on his criminal record. And when a second charge for a violent crime or felony charge could result in double penalties, and a third charge, even for a minor offense, can give this person life in prison. Assault with a deadly weapon can be charged as a felony, and the penalities are server, it can result in a state prison sentence of 2 to 4 years and a $10,000 fine.

If you have been accused of assault and battery, the penalties are servere. It involveds large fines, jail time, probation, time in prison, or career opportunities. The consequence also could big impact on your future and freedom. Individuals need an experienced criminal defense lawyer or Assault and battery attorney to represent you.

Continue reading "Santa Ana Lawyer Charged with Assault with Deadly Weapon" »

TUSTIN, ORANGE COUNTY, CA - Two men from Tustin Orange County were arrested by police in relating to growing indoor marijuana at their home in Tustin.

Police got an anonymous call that the people living in that house were growing marijuana sold the drugs for money.

Orange County detectives investigated this home on Wednesday. When they got there and talk to the people in the house, they smelled marijuana, and they went inside to check. They found 300 marijuana plants with a marijuana farm and water and lighting systems and atmosphere control.

During the search, a few assault rifles, handguns were also found. Tustin police thought there was also a bob squad, and later found it was not a bomb, according to the Orange County sheriff department.

The accused, Jeremie Johnson, 35, and Otha Millner, 65, were arrested Wednesday, according to Tustin Police Department. The two men were taken to the Orange County Jail charged with growing marijuana and drug for sell and unlawful firearms offenses.

Under California criminal law, drug crimes are very serious offenses and the laws and penalties are very severe. The consequences of committing drug crimes can have big impact on one's life, such as imprisonment, big fines, or probation.

Drug crimes involve: drug cultivation, drug distribution, drug manufacturing, drug possession, drug possession for sale, drug prescription fraud, and drug trafficking. If a person is convicted, it will be staying on a person's criminal record for long time and negatively impact their personal life, career, education and future.

It's crucial to retain a drug crime attorney who has a lot of experience in criminal defense in drug crimes. A skilled drug crime lawyer can use all his resources and knowledge in law to ensure that your rights are not violated and you can get the best possible outcome in the defense.

Continue reading "Orange County Men Arrested for Growing Marijuana in Drug Crimes" »

SANTA ANA, Orange County - A gang member was convicted of manslaughter in the murdering of a 13-year-old boy in Westminster, California. He was sentenced to 25 years and eight months in prison.

Quang Hal Do, 24, of Westminster, pleaded guilty to trying to slaying two of the victom's family member to benefit his gang.

On Aug. 13, 2003, Minh Tran was at a Mexican restaurant in Westminster with friends. Some gang members saw him, mistook him for someone else from a rival gang member, and shot at him.

Gang Members followed the Tran's car in Westminster. Another defendant, Jason Aguirre, got out of Do's car and shot repeatedly into the other car.

A jury decided the death penalty for Aguirre, of Garden Grove, in June. He is scheduled to be sentenced Aug. 14.

Five other defendants have pleaded guilty in the case. Pham, who was convicted of vehicular manslaughter with two counts of attempted murder and street terrorism, was sentenced to six years and eight months in prison.

Two other defendants also pleaded guilty. Villegas and Duong are scheduled to be sentenced Sept. 11 after pleading guilty.

Manslaughter is a type of Murder or homicide, where someone is killed, but the person in the crime did not intend to kill the other person. One example of vehicular manslaughter in which case someone drives a vehicle and by mistake, gets into an accident, and someone unintentionally ends up dead.

Continue reading "Westminster Gang Member Convicted of Manslaughter" »

Orange County Register reports that a Los Angels man was charged with sexual molestation of three young female students when he was a principal at that high school. He was arrested at Los Angeles airport when he came back from the Philippines. He was charged with 17 counts of child molestation related crimes.

Jonas Silverio, the ex-principal, 40, resigned from his position as principal at Los Angeles Lynwood's High School earlier this May and took a trip to the Philippines after Los Angeles County Sheriff's investigators and detectives began investigating the child molestation case alleged against him.

Silverio was accused of sexually molesting two female students of Firebaugh High School's volleyball team and he was the coach of the team during that time.

The incidents of the sexual molestation of the two girls against Silverio happened in 2001 and 2005. However, investigators have found out that there was another case of the child molestation of a young girl in the Whittier.

The ex-principal of the Los Angeles Lynwood high school was taken into custody at Los Angeles airport on July 8 when he just came back from the Philippines. He was not aware that a warrant had been already issued for his arrest.

Jonas Silverio has been formally charged with 17 counts of committing a lewd act on children and his bail amount is $1 million.

Orange County Register reports that a Ex-Police officer pleaded guilty in Federal Court on Friday for sexually assaulting a motorist with firearm at a traffic stop in 2007.

In 2007, Felciano Sanchez, the Former Los Angeles Police Officer, forced a female motorist into his police car at a traffic stop and took her to some place, and sexually assaulted her with the force of his gun. He pleaded guilty on this sexual assault in court and also pleaded guilty for using firearm in a violence crime.

According to US Attorney's Office, prosecutors are very serious about this kind of sexual assault crimes committed by a police officer. When law enforcement people like police officer committed this type of violent crimes, no one could tolerate.

The sentence is schedule to be in November. If he is convicted he could be sentenced to 10 years in prison for this violent crime and a $250,000 fine for the sexual assault.

Continue reading "Ex-Los Angeles Police Officer Guilty for Sexual Assault Crime " »

Orange County Register reports that a trial will be starting for the Orange County man who is convicted of DUI murder. In the DUI accident, both his pregnant girlfriend and her unborn child were killed.

Danny Calvin Ruiz, who had a misdemeanor DUI conviction before, was charged with two counts of murder. In the 2008 incident, Ruiz was speeding while drunk driving with blood alcohol level of .17%. The car crashed on a tree and killed both of his girlfriend and the unborn baby.

At the time of his plea, he understood that he could be prosecuted for murder if he was convicted of murdering his girlfriend and unborn child while driving under the influence.

Being accused of DUI, Ruiz, also was convicted of carjacking in 1995 and served 15 years in prison. He could get a DUI murder conviction and a life sentence. He is currently being held without bail in Orange County Jail.

Continue reading "Orange County DUI Murder Trial" »

SANTA ANA, Orange County - An Orange County drunk driver who committed hit and run after a DUI caused car collision Friday night has been arrested.

When the accident happened in Santa Ana, Officers went to the site for investigation.

While officers were investigating and talking to the three victims trapped inside the other vehicle, the drunk driver ran away from the scene on foot. He was then caught and arrested for DUI / driving under the influence.

Santa Ana man, Alejandro Nunez, 28, was arrested for committing a misdemeanor DUI or possible felony DUI, hit-and-run and for driving without a license.

The passengers of the other car are under the medical treatment, but no one is seriously injured. The Hit and Run and DUI / drunk driving man was taken to the Santa Ana Jail.

Continue reading "Orange County Man Hit and Run at DUI Accident" »

An Orange County 7-Eleven store has been robbed this morning in Anaheim, Orange County. Police are in the investigation to see if this robbery is linked to the other two robberies happened in Santa Ana and other previous serial robbers.

Police are looking for these two robbers who have robbed at least 15 7-Eleven stores with knife within a month in Orange and Los Angeles counties.

The first robbery happened in Anaheim, and then there were a string of robberies in Orange County Huntington Beach, Fullerton, Westminster, Santa Ana, Newport Beach, Yorba Linda, Long Beach, according to an Orange County police.

In all of the robberies, the suspects entered the store pretending to be customers, approached the clerk with a knife before asking for cash.

According to Orange County police this Robbery crime could escalate because of their drug problems," It could cause from both drug and gambling habit.

Police ask for help in nabbing robbers who target 7-Elevens. Orange County Register, July 17, 2009

Continue reading "Orange County Store Robbed by Two Men with Knife " »

FULLERTON - A liquor store in Fullerton, Orange County California has been robbed by two gunmen Wednesday night. Orange County police are looking for the two robbers.

The robbery occurred at 11:45 p.m. at JJ's Liquor in Fullerton, Orange County, CA Fullerton police reported.

The robbers, one carrying a rifle with a sling over his shoulder; the other holding a handgun - threatened to shoot two employees. They ordered the employees to open the cash register or they would kill them. The gunmen robbed an unknown amount of cash and fled.

A witness called police after he saw two men walking to the liquor store wearing masks and carrying guns. The robber armed with the riffle covered his face with a mask.

Continue reading "Fullerton Robbery Crime" »

Orange County register reports that Orange County Sheriff's lieutenant was convicted of DUI / Drunk driving or driving under the influence in Irvine, California and was sentenced to three years of probation.

Lt. Erin Giudice was arrested on April 15 after hitting another vehicle on the freeway, according to arrest records. She was driving a car from the Sheriff's Department.

When Irvine police officers came to the site, Giudice was found intoxicated with slurred speech and poor balance. She was arrested and found to have a blood-alcohol level of 0.14.

She was ordered to pay fines and to enroll in a first DUI program. She had recently been promoted to the head the department's harbor patrol, but after her DUI conviction, she was reassigned to jail operations on her charge of driving under the influence in April.

According to Orange County sheriff department they didn't have policies to address the DUI conviction of employees. After Giudice's case, they adopt a new policy prohibits employees from drinking while driving.

Sheriff's lieutenant pleads no contest to DUI charge. OC Register, July 13, 2009

Continue reading "Orange County Sheriff Convicted of DUI Charge" »

Orange County Register reports that the sitcom actress DeWitt was arrested for DUI / Drunk Driving on July 4th. The actress got famous in playing Janet Wood on TV show in the 1970's.

Police stopped Dewitt who drove a black sports car and she staggered toward the police officer. According to the officer she looked intoxicated. They did a field sobriety test on her and arrested her for DUI after the results confirmed she was drunk when she's dirivng.

DeWitt was taken to the El Segundo jail and charged with driving under the influence or DUI. She was later released on Sunday posting $5000 bail.

Continue reading "Actress Charged with DUI in California" »

Orange County Register reports that Jesse James Hollywood was convicted of first-degree murder Wednesday in the 2000 murder of a teenager after five years on the run.

Hollywood, 29, could receive death penalty. He also was convicted of kidnapping, a conviction that carries a maximum prison term of eight years.

His father, was shocked after the conviction, "I can't believe they found him guilty of that murder,"

Hollywood was accused of kidnapping Markowitz, 15, taking him to Santa Barbara and murdered him. Markowitz's death was aimed to retaliate against Ben Markowitz who had a $1,200 drug debt owed to Hollywood.

Criminal Defense attorneys saw Hollywood as a victim. On the witness stand, Hollywood, a former marijuana dealer, acknowledged involving in the kidnapping, and took it was an impulsive act.

For prosecutors, one big challenge to get a murder conviction was the absence of evidence that Hollywood issued an order. Hoyt, the shooter, his conviction is on appeal and he risked self-incrimination.

In California criminal law, homicide is due to intentional or unintentional, premeditated, reckless or careless behavior on the part of another.

Continue reading "California Drug Dealer Convicted of Murder" »

Orange County Register reports that with a Thursday ruling from California Supreme court that drunk drivers convicted of DUI now have better chance to challenge Breathalyzer findings .

According to the California DUI law, the accused drunk driver can submit to either a blood test, which measures the amount of alcohol in the blood, or a breath test. Alcohol levels in a breath sample are converted mathematically to derive a blood-alcohol percentage. Under California DUI law, a person is legally drunk when the blood-alcohol level is 0.08% or higher.

The Orange County DUI Lawyer at Law Offices of Michael L. Guisti said that the California Supreme court permits people charged with drunk-driving to challenge blood-alcohol results, which are sometimes inaccurate based on conditions such as gender or medical conditions.

The California Court explains that the standard consideration for converting breath results to blood-alcohol levels can be different for each individual based on his background and conditions. Breathalyzer results may overestimate the blood alcohol level.

The ruling allows people charged with DUI to have chance to challenge the breathalyzer results.

Orange county dui defense attorney said the ruling was "going to make DUI trials a little more difficult to put on" as more evidence will be allowed.

Continue reading "New Ruling for California DUI Defendent " »

In Orange County, CA, police arrest more people on DUI, driving under the influence or drunk driving.

Orange County Register reports that there are more DUI / drunk driving or Driving under the Influence arrests in Orange County on July 4th this year than last year.

It reported that 57 people were arrested at the weekend of July 4th for Orange County DUI between 6 p.m. Friday and midnight Sunday. No one was killed in an alcohol-related crash this year.

There were 52 people arrested for DUI last year. One person was killed in a DUI caused collision.

There were 12 people killed during the same period, the same number of DUI matters as last year.

Continue reading "DUI Arrests in Orange County on This July 4 is More Than Last" »

Orange County, CA - A Mission Viejo young man took out a .357 handgun and shot it during a domestic dispute on Tuesday.

Deputies were contacted by the neighbor around 8 p.m, when the gun shot happened in the Mission Viejo area, according to Orange County Sheriff's Department.

During the investigation, deputies arrived to the site where the family dispute happened. According to witness that Ayat Shafizadeh brought out a handgun during a domestic dispute and accidentally fired the gun but no one was hurt at the incident.

Shafizadeh was charged with assault with deadly weapon during this domestic violence. The bail is $100,000.

Assault and domestic violence charges usually involve conflicts between family members or relationships.

Handgun accidentally fires during domestic dispute - OC Register - July 9, 2009

Continue reading "Orange County Man Arrested for Assault with Deadly Weapon in domestic Violence" »

Orange County California Community is shocked with the news that the Ex-head of the Boys and Girls Club of Tustin has been charged with theft crime of stealing $115,000 from the company for personal use, vacations, and for his wife's misc. expenses.

Clifford Lewis Polston, a Orange County resident, denied sentencing enhancements for aggravated white collar crime over $100,000 and taking funds over $50,000 during a Monday arraignment in Orange County Superior Court in Santa Ana. He pleaded not guilty to 27 counts of forgery, three counts of grand theft and one count of false entries in records or returns.

If convicted on all counts, Polston could be sentenced to 20 years and eight months in state prison.

Aggravated Grand Theft and White Collar Crime: White-collar crimes usually involve business and professional people who have made poor decisions in obtaining money, property, or services, or to secure a business or professional advantage.

Our Orange County criminal defense lawyers are amazed at how many times people are charged with white collar crimes that are a result of business people make bad decisions .

The possible penalties for white collar crimes include fines, prison sentences, and it . If you have been charged with a white collar crime, it is essential to seek legal help and advice from an experienced Orange County criminal defense attorney such as Law Offices of Michael L. Guisti, immediately so that you can preserve and protect your rights.

Charges against ex-head of Boys and Girls Club shock community OC Register - July 7, 2009

Continue reading "Orange County Man Arrested for Grand Theft and Forgery" »