May 2011 Archives

May 29, 2011

Over a Dozen People Arrested on Suspected DUI in Newport Beach Area during the Holiday Weekend

Newport Beach, Orange County - With Memorial Day comes the tradition of barbeques along with some alcohol, and this means police stepped up patrols making sure those drinking weren't driving.

As expected those stepped up police patrols caught quite a few people allegedly DUI.

During the Memorial Day weekend Newport Beach Police report that they made 12 DUI arrests, and on Monday Costa Mesa Police made three arrests.

Both Costa Mesa Police and Newport Beach Police say with the arrival of summer more people indulge in alcohol, and they see a sudden rise in DUI arrests.

Orange County DUI defense attorney Michael L. Guisti, who has had success in defending several Costa Mesa, Newport Beach, Santa Ana, Irvine and Huntington Beach bar goers arrested for allegedly DUI, says some of those arrested this weekend may have blown a 0.08% or more during the test, however they still could've been absorbing alcohol into their bloodstream and their BAC could really have been a 0.06% or less during the time they were driving.

It's possible, according to Orange County attorney Michael L. Guisti, some of the DUI suspect's breath tests were even tainted.

According to Orange County DUI defense attorney Guisti they're several ways this can happen, from recently using mouthwash or breath spray, to having recent dental work done, and the test could've even been tainted by the suspect's dietary habits. Believe it or not, Guisti goes on to say, the salty air of the nearby Pacific Ocean could have affected not only the suspect's blood, but the breath testing instruments.

Bottom line, just because you're arrested for DUI doesn't make you guilty.

Now each suspect will have a different DUI case, however if this was one of the suspect's first DUI, second DUI or third DUI offense it'll be charged as a misdemeanor DUI.

If convicted the suspects face informal California DUI probation for three to five years, possibly up to one year in L.A. County jail, a minimum base fine of $390, successful completion of a three to 30-month California DUI school, a six-month to three-year driver's license suspension, and installation of a California ignition interlock device "IID."

If you're facing DUI charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

May 25, 2011

Santa Ana Woman Sentenced to Prison for Embezzlement

Santa Ana, Orange County - On Monday a law office manager pleaded guilty to embezzling $502,000 and was sentenced to four years in state prison.

Donna Joy Henderson, 68, of Orange wrote more than 122 company checks and deposited them into her personal accounts, according to Orange County prosecutors. The Orange County District attorney says Henderson spent the money on timeshare properties, cruises, an indoor sauna, gambling and pet day spa visits.

The Orange County DA reports Henderson pleaded guilty at the Orange County Superior Court in Santa Ana to one felony count of grand theft by embezzlement with sentencing enhancements and allegations for property damage. In addition to spending four years in prison, Henderson was also ordered to pay back the $502,000.

Santa Ana criminal attorney Michael L. Guisti says while it appears all the elements to prove embezzlement were in place Henderson could possibility of had her sentenced reduced or not have serve any prison time had she hired a professional Orange County embezzlement defense lawyer.

To prove embezzlement, according to Guisti, the Orange County District Attorney must prove three things, that she had a relationship of trust with the victim, in this case Henderson with her employer, that, pursuant to that relationship, she was entrusted with certain property, and she specifically intended to deprive the victim of that property by fraudulently taking it as her own.

That said, says Guisti, they're several defense options that were available to Henderson had she hired a professional Orange County defense attorney.

As Santa Ana Felony crime attorney Guisti goes on to say, in California embezzlement used to be a charge in of itself under Penal Code (PC) 503, however it has since fallen under the umbrella of PC 484 theft and the severity of the charge is going to depend whether the money they allegedly embezzled less than $950, or more than $950.

As one Santa Ana Theft defense attorney explains, in this Santa Ana case the amount embezzled was well over $950.

Orange County defense attorney Michael L. Guisti says regardless of this case grand theft is a "wobbler," which means it can be filed either as a misdemeanor or felony depending on the facts of the case while petty theft is a misdemeanor.

One expert Newport Beach embezzlement defense attorney explains if somebody is convicted of misdemeanor grand theft they face up to one year in Orange County jail and a maximum $1,000 fine, or if somebody is convicted of embezzlement as a felony they face a sentence of 16 months, or two to three years in a California State Prison, and a $10,000 maximum fine.

As Irvine white collar criminal defense attorney Michael L. Guisti says, the reason this woman in Santa Ana was sentenced to four years in prison is due to a sentencing enhancement that states if you embezzled more than $65,000 you face an additional and consecutive one-year California State Prison sentence, as was applied to Henderson.

If you or somebody you know are facing similar serious charges it's very important to contact an Orange County criminal defense lawyer right away to ensure your rights, protect your reputation and keep you out of jail

If you're facing embezzlement charges call the Law Offices of Michael L. Guisti right away at 714-530-9690.

The Orange County Law Offices of Michael L. Guisti can help you to deal with these charges because our legal experts know the Orange County court system.

We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.

Please, don't go at this alone. Give us a call so we can give you expert legal advice you deserve.

May 19, 2011

Woman Caught on Camera Stealing Wallets

Fullerton, Orange County - A woman is wanted in connection to a string of thefts at the Royal Spa and Sauna within the past month.

Garden Grove Police say a woman caught on surveillance tape was seen stealing wallets, purses and other personal items from the spa on Garden Grove Boulevard. Police say the woman used stolen tickets to gain entry into the spa.

Fullerton criminal defense attorney Michael L. Guisti says if caught the woman, depending how the Orange County District Attorney files the case, faces a possible charges of theft and burglary.

As Fullerton criminal Attorney Guisti explains, what the items are worth will make all the difference in determining if the woman will be charged with petty or grand theft. If the items are less than $950 she'll be charged with Penal Code (PC) 484 and PC 488 Petty Theft, which if there is her first time offense will likely be a misdemeanor, according to Attorney Guisti.

Now if the items are valued at more than $950 the woman can be charged with PC 487 Grand Theft, which could be charged as a misdemeanor or felony, depending on the facts of the case and this woman's criminal history, according to Attorney Michael L. Guisti.

The next possible charge the woman could be facing is burglary. As Fullerton Theft crime defense Attorney Michael L. Guisti explains, many people confuse burglary and theft as the same thing, but they're two separate and different charges.

Burglary, Theft Defense Attorney Guisti explains, is intentionally entering a building, be it a place of business of somebody's house, to commit a theft or felony once inside.

Attorney Michael L. Guisti explains the Orange County prosecution could point to the woman using a stolen ticket to gain entry to the spa with the intent to steal from the spa's clients, which could, in the DA's and prosecution's eyes, constitute robbery.

The reason why many shoplifters often aren't charged with robbery is many shoplifters commit the crime as an impulse and never intended to enter the store with the intent to commit theft. As Attorney Michael L. Guisti explains, it's hard for prosecutors to prove a shoplifting suspect entered a store with intent to commit theft as many shoplifting suspects admit to police they did it on impulse without any preplanning.

If caught and convicted for petty theft the woman faces up to three years informal probation, a $1,000 fine, and possibly up to six months in Orange County jail, according to Attorney Guisti.

If convicted of grand theft as a misdemeanor the woman faces up to a year in Orange County jail, and if convicted of felony grand theft the woman faces up to 16 months in a California State Prison.

If the woman is convicted of burglary as a misdemeanor she could face one year in Orange County jail and a maximum $1,000 fine.

If the woman is convicted on felony burglary charges she could face between 16 months and three years in a California State Prison and a maximum $10,000 fine.

As Fullerton defense attorney Michael L. Guisti explains, these are no doubt serious charges that carry potential jail time. Attorney Guisti strongly urges this woman to contact an Orange County defense lawyer right away before charges are filed, because before the Orange County District Attorney formally files charges her attorney can work with the DA's office to reduce charges, work out a plea bargain, or even investigate police action that could result in having the case dismissed

If you're facing theft charges call the Law Offices of Michael L. Guisti right away at 714-530-9690.
The Orange County Law Offices of Michael L. Guisti can help you to deal with these charges because our legal experts know the Orange County court system.

We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.

Please, don't go at this alone. Give us a call so we can give you expert legal advice and representation you deserve.

May 18, 2011

Laguna Hills Man Pleads Not Guilty to Assault with deadly weapon in Shooting Deputy with BB Gun

Laguna Hills, Orange County - The man accused of shooting a BB gun at an Orange County Sheriff's Deputy who was trying to evict the suspect from a Laguna Hills town home pleaded not guilty in a Santa Ana courtroom Monday.

Randal Rose, 46, pleading not guilty to felony battery on a police officer and is currently being held at Men's Central Jail in lieu of $100,000 bail.

During the confrontation Rose shot at the deputy hitting him in the once in the hand, which the deputy suffered only what has been described as minor injuries.

Orange County criminal defense attorney
Michael L. Guisti explains battery is charged under Penal Code (PC) 242, which prohibits the unwanted or unjustified touching of another person.

Santa Ana Assault and Battery defense Attorney Guisti stresses that no matter how slight the touch and regardless if there is no injury, if you touched somebody who didn't want to be touch, that is considered battery.

As the Santa Ana Defense Attorney explains, they're two different classes of battery. Simple battery is when the victim doesn't suffer any injuries and is charged as a misdemeanor, while aggravated battery is when a victim suffers an injury as a result of the battery, or if the battery victim was a police officer or other protected person, regardless of injuries. Aggravated battery can be charged either as a felony or misdemeanor, usually depending on the extent of the injury.

In this case, Santa Ana criminal lawyer Michael L. Guisti explains, Rose is not only facing aggravated battery charges since the alleged victim is a deputy, but under PC 243(b) the suspect is facing "battery on a peace officer."

As the Santa Ana criminal attorney further explains, PC 243(b) is a "wobbler," which means it could be filed either as a misdemeanor or felony, however in this case Rose has been charged with a felony. What determines if the charge will be filed either as a misdemeanor or felony is the severity of injuries, circumstances of the battery, and the suspect's criminal history.

If convicted Rose could face one or all of the following, formal probation, up to a $10,000 fine, between 16 months and three years in a California State Prison, and/or a possible "strike" on his record per California's Three Strikes law, according to Attorney Guisti.

If you're facing some kind of battery charge call the Santa Ana felony defense attorneys at Law Offices of Michael L. Guisti right away. Not only will our legal experts go over and explain the complexities of this charge, but by calling right away before the Orange County District Attorney formally files charges we can not only work with the DA to reduce charges, but investigate police action leading to your arrest, which could result in your case being dismissed.

Call the Law Offices of Michael L. Guisti right away at 714-530-9690.

The Orange County Law Offices of Michael L. Guisti can help you to deal with this charge because our legal experts know the complexities and loopholes of the law and Orange County court system.

We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.

May 17, 2011

Orange County Bans Registered Sex Offenders from County Parks and Beaches

Orange County - On May 5 a new law authored by Orange County District Attorney Tony Rackauckas and Supervisor Shawn Nelson banning all registered sex offenders from county beaches, parks and other recreation areas went into effect. Orange County Sheriff Sandra Hutchens will not be granting any exemptions to a new county law saying, "the is the law."

Critics say the new law doesn't distinguish between low-level sex offenders and more dangerous predators and will be unable to survive legal challenges.

Despite this DA Rackauckas is pushing every city in Orange County to adopt similar measures if they aren't already on the books.

The Irvine City Council plans to discuss their measure on Tuesday, and Hutchens and Rackauckas are scheduled to be at the meeting.

Westminster has also scheduled a hearing this month on the issue.

If registered sex offenders are caught breaking this law they face a misdemeanor charge and fines up to $500.

Orange County sex crimes defense attorney Michael L. Guisti says if time has past since the offense low-level sex offenders should consider getting an expungement.

Expungement means, according to Irvine criminal attorney Guisti, your record is sealed and that when you apply for most jobs or for housing, you don't have to disclose that you have been convicted, arrested or charged. When a person is arrested, that person gets a criminal record. At a minimum, there is a record of an arrest. If the person is later convicted, then the person has a record of both an arrest and a conviction.

As one promenade Orange County sex crimes defense lawyer explains, in our increasingly uptight, paper trail happy society your past can affect decisions of insurance companies, landlords, adoption agencies, prospective creditors and professional licensing boards.

Once expunged a person or company doing a background check through local authorities, Orange County Sheriff's Department or through the FBI will receive a response that there is "no record," according to Attorney Guisti. Additionally, after you expunge your criminal record, you are legally entitled to state that the arrest or conviction never happened.

In this case if cities or counties decide to pass laws banning registered sex offenders from certain places having your record expunged would allow you to travel freely without worry of breaking local laws.

The question always asked at attorney Michael L. Guisti's law office is, "when can I get an expungement?" The answer is, if you have a felony you must wait until at least three years from the time you are off probation, parole or straight release from prison, and after all court costs and fines, restitution or community service has been paid or completed.

If you're looking to expunge a misdemeanor you must wait at least one year from the time you were convicted.

The next question is, "will I get an expungement for sure?" The short answer to that, according to attorney Michael L. Guisti is, not everybody will qualify for it. The reason being a prosecutor may object and the final decision is up to the judge, which is why it's important to have a lawyer prepare your case and go to court for you.

If you're past is holding you back and you need and expungement call the Law Offices of Michael L. Guisti right away at 714-530-9690.

The Irvine criminal defense attorneys at Law Offices of Michael L. Guisti can help you get an expungement, because our legal experts know the Orange County court system.

We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.

Please, don't go at this alone. Give us a call so we can give you expert legal advice you deserve.

May 12, 2011

Orange County Woman Allegedly Caught Driving with Infant in her Arms and Later Leaving the Infant in the Car

Ladera Ranch, Orange County - Last Saturday morning the Orange County Sheriff's Department followed up on calls that a woman was driving while holding an infant in her arms, and later leaving the baby in the car while stopping at a yard sale.

The woman, who has not been identified except that she described to be in her "late 20s," was questioned by deputies and released. It's unclear if she will be charged as authorities would not comment on whether or not she will face any charges.

Irvine criminal defense attorney Michael L. Guisti says if the Orange County District Attorney's office decides to pursue charges they will likely file child endangerment charges under Penal Code 273a.

One Irvine criminal lawyer says for the DA's office to file charges they need to show one of three things, that this person willfully inflicted unjustifiable physical pain or mental suffering on the child, or, that she willfully caused, as a result of criminal negligence permitted, a child to suffer unjustifiable physical pain or mental suffering, or that she had care or control of a child.

If the baby suffered any sort of injury, like heat stroke, while left in the car while the woman was at the yard sale it's possible the Orange County District Attorney's office could also charge the woman with PC 273d child abuse, according to Orange County criminal defense attorney Michael L. Guisti.

As a Fullerton criminal defense lawyer goes on to explain, it doesn't have to be a major, gruesome injury to the baby for there to be a child abuse charge as even a small injury can bring these charges.

One Santa Ana family lawyer says it's unlikely child abuse charges will arise from this case, but people should understand how the difference of having a baby on your lap then suddenly keeping the baby in the car can invite different charges.

What will probably be the woman's best defense, according to Orange County criminal attorney Michael L. Guisti, is explaining to the court her act wasn't willful and that she didn't purposely do these things to her baby. After all, as Michael L. Guisti goes on to say, it's possible she had the baby in the seatbelt with her and was nervous to put her in a car seat, and we don't know how long she was out of the car at the yard sale while the baby was in the car.

Child endangerment is a "wobbler," which means it could be charge either as a misdemeanor or felony, depending on the facts of the case and the woman's criminal history.

If convicted of misdemeanor child endangerment, the sentence may include, according to one Huntington Beach family attorney, informal probation, up to one year in Orange County jail, up to $1,000 in fines, a possible a protective order protecting the alleged victim from further acts of violence and possibly a stay away order that prevents her from having contact with the child, and a successful completion of a minimum one-year child abuser's treatment counseling program.

If she is convicted of felony child endangerment the woman faces, along with the misdemeanor charges above, a minimum of four years on formal probation, between two to six years in a California state prison, a maximum $10,000 fine, and a possible "strike" on your record under California's Three Strike's Law.

As Irvine criminal defense lawyer Michael L. Guisti explains, these are no doubt serious charges that not only carry potential jail time, but a stigma. Attorney Guisti strongly urges this woman to contact an Orange County defense lawyer right away before charges are filed, because before the Orange County District Attorney formally files charges her attorney can work with the DA's office to reduce charges, work out a plea bargain, or even have the case dismissed.

If you're facing child endangerment charges call the Law Offices of Michael L. Guisti right away at 714-530-9690.

The Orange County Law Offices of Michael L. Guisti can help you to deal with these charges because our legal experts know the Orange County court system.

We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.

Please, don't go at this alone. Give us a call so we can give you expert legal advice and representation you deserve.

May 10, 2011

Buena Park City Employees Investigated for Possible Embezzlement

Buena Park, Orange County - Four Buena Park city employees were put on paid suspended leave this past week as authorities investigate if they were involved in the theft of city money, according to Deputy City Manager Jim Vanderpool.

Vanderpool wouldn't comment to local media on how much money was stolen, how the employees had access to the money or how this came to the city's attention, but did say another person who used to work for the city earlier this year is also under investigation.

Buena Park Police say no arrests have been made and they're being assisted by the Orange County District Attorney's office in gathering evidence and questioning suspects.

Irvine criminal defense attorney
Michael L. Guisti says if it turns out there is enough evidence linking the stolen money to the four city employees and former city employee they'll likely face embezzlement charges.

To prove embezzlement, according to Guisti, the Orange County District Attorney must prove three things, that they had a relationship of trust with the victim (in this case the city), that, pursuant to that relationship, they were entrusted with certain property, and that they specifically intended to deprive the victim of that property by fraudulently taking it as their own.

As Irvine Theft crime attorney Guisti goes on to say, in California embezzlement used to be a charge in of itself under Penal Code (PC) 503, however it has since fallen under the umbrella of PC 484 theft and the severity of the charge is going to depend whether the money they allegedly embezzled less than $950, or more than $950.

As one Fullerton criminal defense attorney explains, if these employees embezzled less than $950 they'll face PC 488 petty theft charges, and anything over $950 is a PC 487 grand theft charge.

Orange County defense attorney Michael L. Guisti says grand theft is a "wobbler," which means it can be filed either as a misdemeanor or felony depending on the facts of the case while petty theft is a misdemeanor.

One expert Newport Beach embezzlement defense attorney explains if one or more of the employees are convicted of misdemeanor grand theft they face up to one year in Orange County jail and a maximum $1,000 fine, and if any one of them is convicted of embezzlement as a felony they face an Orange County sentence of 16 months, or two to three years in a California State Prison, and a $10,000 maximum fine.

Should the city employees be convicted of petty theft embezzlement they face up to six months in Orange County jail and a maximum $1,000 fine.

If the city employees embezzled more than $65,000 they face an additional and consecutive one-year California State Prison sentence, according to attorney Guisti.

With these serious charges in mind it's important the employees under investigation contact an Orange County criminal defense lawyer right away to ensure their rights and protect their reputation.

If you're facing embezzlement charges call the Law Offices of Michael L. Guisti right away at 714-530-9690.

The Orange County Law Offices of Michael L. Guisti can help you to deal with these charges because our legal experts know the Orange County court system.

We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.

Please, don't go at this alone. Give us a call so we can give you expert legal advice you deserve.

May 6, 2011

Singer Rick Spingfield Arrested for DUI in Los Angeles

Malibu, Los Angeles County - Popular soap opera actor and singer of a 1980s one-hit-wonder Rick Springfield was arrested late last Sunday night by the Los Angeles Sheriff's Department in Malibu for alleged DUI.

At actor was driving through Malibu on his way home after speaking at the Los Angeles Times' Festival of Books at USC earlier that day promoting his new autobiography when deputies noticed Springfield made a sudden maneuver away from a traffic signal at Pacific Coast Highway and Trancas Canyon Road, which prompted deputies to pull Springfield over.

Springfield was given a breathalyzer test where, according to a L.A. Sheriff spokesperson, the actor allegedly blew a 0.10% BAC.

Though the Los Angeles County District Attorney has yet to file formal charges one Fullerton DUI defense lawyer says it's more than likely the DA will charge Springfield for DUI under California Vehicle Code 23152, which is driving under the influence with 0.08 percent or more blood alcohol level (BAC).

Orange County DUI defense attorney Michael L. Guisti, who has had success in defended several downtown Fullerton, Costa Mesa, Newport Beach, Santa Ana, Irvine and Huntington Beach bar goers who were arrested for allegedly DUI, says Springfield may have blown a 0.10%, however when the actor was pulled over by sheriffs' he still could have been absorbing alcohol into his bloodstream and his BAC could really have been a 0.05% or less during the time he was driving.

It's possible, according to Orange County defense attorney Michael L. Guisti, Springfield's breath test was tainted.

According to one expert Fullerton DUI defense attorney they're several ways this can happen, from recently using mouthwash or breath spray, to having recent dental work done, and the test could've even been tainted by Springfield's dietary habits.

If L.A. Sheriff Deputies performed the test correctly they should've asked Springfield, aside from if he used mouthwash, if he coughed or burped during the BAC test, because, according Orange County DUI defense lawyer Michael L. Guisti, a burp or cough could have greatly affected the outcome of Springfield's BAC.

Believe it or not, according to one promenade Newport Beach DUI defense lawyer, even radio interference from cell phones, radio towers and passing cars, along with the salty air of the nearby Pacific Ocean, could have affected not only Springfield's blood, but the breath testing instruments.

If the device used to test Springfield's BAC was faulty it may have violated Title 17 of the California Code of Regulations, which is a very strict code on how California DUI breath and blood tests are supposed to be conducted. As Michael L. Guisti says, any violation of Title 17 includes, how the test was conducted, who conducted the test, along with the maintenance, collection and storage of test results.

If the L.A. Sheriff Deputies violated Title 17 Springfield's case could be dismissed.

If this was Springfield's first DUI, second DUI or third DUI offense it'll be charged as a misdemeanor DUI.

According to Orange County defense attorney Michael L. Guisti if convicted Springfield faces informal California DUI probation for three to five years, possibly up to one year in L.A. County jail, a minimum base fine of $390, successful completion of a three to 30-month California DUI school, a six-month to three-year driver's license suspension, and installation of a California ignition interlock device "IID."
If you're facing DUI charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

The Orange County Law Offices of Michael L. Guisti can help you to deal with DUI charges because our legal experts know the Orange County court system.
We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.

Please, don't go at this alone. Give us a call so we can give you expert legal advice you deserve.

May 4, 2011

Orange County Boy Arrested for Assault with Deadly Weapon and Criminal Threats

Placentia, Orange County - A 14-year-old boy was arrested Sunday evening after threatening to kill his neighbors with a knife and shooting a BB gun at a girl, according to Placentia Police.

The incident began when the 14-year-old suspect, who has not been identified, began arguing with his two neighbors at the apartment complex where they live. It's unclear what the argument was over.

During the argument police say that is when the suspect pulled out the knife and threatened to kill the two men.

The girl who was shot with the BB gun just happened to be walking by and apparently had no connection to the incident when the suspect began yelling at her and was shot in the chest, but the BB pellet didn't break the skin, according to Placentia Police.

The girl was treated by paramedics and released at the scene.

While it remains unclear what charges the suspect will face Orange County criminal defense attorney Michael L. Guisti says it's possible the Orange County District Attorney may file assault with a deadly weapon charge along with possible charges of making criminal threats.

One Santa Ana Assault with deadly weapon defense attorney says even though it was a BB gun used it's quite possible the suspect could be charged with Penal Code 245(a)(1), assault with a deadly weapon.

Assault with a deadly weapon is a "wobbler" and can either be charged as a misdemeanor or felony depending on the circumstances of your case and criminal history, according to Santa Ana felony crime defense attorney Michael L. Guisti.

As one Newport Beach criminal defense lawyer says, facing assault with a deadly weapon is not the suspect's only problem as there is the potential for criminal threat charges.

By allegedly pulling a knife and threatening the two men the suspect invited the Orange County District Attorney to potentially press for PC 422 charges, criminal threats, according to Orange County criminal defense lawyer Michael L. Guisti.

If convicted of making threats under PC 422 the suspect faces one year in Orange County jail, or a fine up to $5,000, or by both jail time and fine.

With these serious charges in mind it's important the suspect's family contact an Orange County criminal defense lawyer right away before the Orange County District Attorney formally files charges. The defense attorney can work with the DA before charges are filed to reduce charges and possibly work out a plea deal that can be no more than community service and probation.

If you're facing assault with a deadly weapon or criminal threat charges call the Law Offices of Michael L. Guisti right away at 714-530-9690.

May 2, 2011

Doctor and Assistant found having Sex and Doing Cocaine in Hospital Parking Lot

Laguna Hills, Orange County - An Orange County doctor and a physician's assistant were arrested earlier this week after Orange County Sheriff deputies found them having sex and doing "large amounts" of cocaine in a Mercedes parked at the Saddleback Memorial Medical Center parking structure.

Alan O. Marcus, 61, and Amanda J. Aguirre, 29, were arrested on suspicion of being under the influence of a controlled substance, which, according to Orange County criminal defense attorney Michael L. Guisti, is a violation of California Health and Safety Code 11550.

According to one expert Newport Beach criminal defense attorney, though the two haven't been charged by the sheriff's department with having sex in public it's still possible they could face a violation of Penal Code 647(a) Lewd Conduct, which is when one or more people, "engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view."

However Orange County drug defense attorneys at Law Offices of Michael L. Guisti says chances are the pair won't face any lewd conduct charges, because many PC 647(a) cases get dismissed or charges are reduced to trespassing and/or disturbing the peace.

Nonetheless it's still possible the Orange County District Attorney could file lewd act charges along with being under the influence, and that is why it's always important to contact a criminal defense attorney right away so they can work with the DA to reduce charges before charges are formally filed, and investigate police to see if the followed proper procedure.

Orange County Defense attorney Michael L. Guisti says HSC 11550 is a misdemeanor and of this pair is convicted they face, up to five years of informal probation, 90 days to one year in Orange County jail, drug counseling, and possible community service.

If you're facing drug and/or lewd act charges call the Law Offices of Michael L. Guisti right away at 714-530-9690.

The Orange County Law Offices of Michael L. Guisti can help you to deal with such charges because our legal experts know the Orange County court system.

We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.

Please, don't go at this alone. Give us a call so we can give you expert legal advice you deserve.