Orange County Criminal Lawyer Blog

Before you go out tonight keeps a heads up for DUI checkpoints.

Right now there is only one DUI checkpoint in Orange County for the weekend.

On Friday, July 29 Seal Beach Police will conduct a DUI checkpoint at 1st Street and Pacific Coast Highway between 6 p.m. and 3 a.m.

Huntington Beach DUI lawyer Michael L. Guisti explains if you see a DUI checkpoint ahead you have the legal right to turn around and not go through it, however, attorney Guisti stresses, when you turn around just make sure you're not breaking any traffic laws.

Many times, Orange County DUI attorney Guisti says, somebody approaching a DUI checkpoint will suddenly make a U-turn crossing over the double yellow lines, which gives police the right to pull you over.

Guisti says police can pull you over if they think you're DUI.

Newport Beach DUI attorney Guisti says what causes most people to be arrested for DUI was blowing an 0.08% or more during the DUI breathalyzer test, but, attorney Guisti stresses, many of these DUI breathalyzers are flawed, and if your test was flawed there is no case against you. Guisti says DUI breathalyzers aren't designed to take into account a person's weight, height and even diet, which leads to false results and false arrests. In particular, Guisti concludes, DUI breathalyzer equipment can be tainted by the nearby salty ocean air.

Orange County DUI lawyer Guisti also points out that if you enter a DUI checkpoint and you're caught driving without a license or driving on a suspended license police can cite you and impound your car.

If you or somebody you know are facing a DUI charge call the Orange County DUI attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can examine your charge, investigate the arresting police officer's action and ensure justice for you.

Santa Ana, Orange County - A Garden Grove man has been sentenced to 40 years to life for the murder of a party goer during a 2009 Vietnamese Lunar New Year's Eve celebration at a Garden Grove restaurant.

This all began when Thanh Tran, 29, of Garden Grove, witnessed a fight in the parking lot and the victim, Tommy Ngoc Ta, 40, intervened. At that moment Tran went to his car, got a gun and returned to the parking lot where Ta was shot three times. Ta was taken to UCI Medical Center where he was later pronounced dead.

Tran was later arrested and convicted on second-degree murder and using a gun causing death.

Santa Ana murder defense attorney Michael L. Guisti explains under Penal Code (PC) 187 second-degree murder is willful, but not deliberate and premeditated, as in first-degree murder. In this case Tran didn't plan for this murder and he didn't necessarily mean to kill somebody, rather he was using a gun to attempt to break up a fight, according to Guisti, and regrettably somebody was killed.

If you or somebody you know is being accused of murder it's very important to consult with a professional Orange County criminal defense attorney who can examine the case and give you the best possible outcome, according to Guisti.

Santa Ana criminal defense attorney Guisti explains that the prosecution needs to prove three things in a murder case, that you committed the act of murder, that you committed the act with malice aforethought, and that you killed without lawful excuse or justification. If there is any reasonable doubt raised among those three questions then you must be found not guilty of murder, according to Guisti.

Tran has been convicted of using a gun causing death, which allows a judge to sentence a convicted murderer who used a gun for the crime to 10, 20 or 25-years to life in prison, according to Guisti.

If you're facing murder charges it's very important to contact the Orange County murder defense attorneys at the Law Office of Michael L. Guisti right now at 888-478-8999.

As you probably understand this is a very serious charge that can send you to prison for the rest of your life, and that is why you must call our Law Offices right now so we can get you the best possible outcome that will keep you out of jail.

Rancho Santa Margarita, Orange County - The Rancho Santa Margarita city council approved the latest version of a proposed ordinance to ban sex offenders from city parks on Wednesday.

If passed the ordinance would make it a crime for anyone on California's sex offender registry to enter a city park without written permission from the Orange County Sheriff's Department, and the permission must be time and date specific.

Rancho Santa Margarita is the latest Orange County city to propose banning registered sex offenders from city parks as in recent months Huntington Beach and Westminster have also proposed similar bans.

Irvine sex crimes defense attorney Michael L. Guisti explains when you've been convicted of a sex crime depending on the punishment you may have to register as a sex offender under Penal Code (PC) 290, which means you basically have inform local law enforcement on your where you live.

Irvine criminal defense attorney Guisti explains not all sex crimes require registration if convicted, often just the most serious crimes, such as rape, lewd acts, child pornography and even certain cases of indecent exposure.

Guisti says if you're being accused of a sex crime it's very important to consult with an Orange County sex crimes lawyer immediately.

Once you're required to registered as a sex offender you're registered for life, however Irvine sex crime lawyer Guisti says there are ways to have your sex offender registration requirement and conviction expunged, and it's best to see an Orange County expungement attorney.

Guisti says it's possible at some point the U.S. Supreme Court might have to take up the issue and give a final ruling on whether or not cities can ban registered sex offenders from their parks and schools.

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

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

Irvine, Orange County - On Monday a man reportedly made criminal threats to campers in Trabuco Canyon saying he would "machine gun everyone," according to the Orange County Sheriff's Department.

Several campers called the sheriff's department to report the man, however by the time deputies had arrived the man had left the campgrounds located outside of Irvine.

Irvine criminal defense attorney Michael L. Guisti explains criminal threats under Penal Code (PC) 422 is when a person threatens to kill or physically harm someone and that person places that person in a state of reasonably sustained fear for their safety, and the threat is specific and communicated verbally, in writing, or via an electronically transmitted device.

Most importantly the fear by the victim must be reasonable and not fleeting, according to Irvine criminal defense attorney Guisti, for the criminal threat to stand.

Irvine criminal lawyer Guisti says nowhere in the report does it say he did or didn't have a gun on him, but even if he didn't have a gun on him it still qualifies as a criminal threat as everybody understood the threat to be real. Had this guy said something along the lines of, "I'm going to hijack an airplane and crash it into the camp," it would be difficult for prosecutors to prove the suspect was giving a creditable threat and the campers were actually put into reasonable, sustained fear, because the notion of some guy yelling he is going to crash an airplane into the park is unreasonable, according to Guisti. In this scenario, Guisti says, he could be charged at most with disturbing the peace.

Orange County criminal defense attorney Guisti says when he works to defend his clients against criminal threats he looks at whether the fear the alleged victim felt was unreasonable and if the threat really could be taken seriously.

Basically, says Guisti, he investigates whether his client actually made a threat and if the alleged victim was placed in reasonable fear, and if the answer is "no" to either question Guisti's clients are usually found not guilty.

Orange County criminal threat lawyer Guisti explains if the suspect is caught and admits to having a firearm on him while making the alleged criminal threats he could face firearm enhancement charges.

Making criminal threats is a "wobbler," which means it can be tried either as a misdemeanor or felony.

Guisti says if convicted a misdemeanor could land you up to a year in jail while a felony conviction of making criminal threats could land you up to four years in state prison.

If you're being accused of making criminal threats you must call the Orange County criminal threats defense attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can review your case and get you the justice you deserve.

Newport Beach, Orange County - A Mission Viejo man plead "not guilty" this week in Newport Beach to indecent exposure charges after he was accused of touching himself in front of teenage girls at a Rancho Santa Margarita public library, according to the Orange County District Attorney.

The suspect has been identified as registered sex offender Robert Bruce Engel, 67, who has several prior convictions of indecent exposure, according to the DA's office.

Newport Beach sex crimes defense attorney Michael L. Guisti explains indecent exposure is a very serious crime and aside from any possible jail time the biggest consequent is having to register as a sex offender.

What is interesting under Penal Code (PC) 314 is for a person to be convicted of incident exposure they must draw attention to their genitals as accidentally exposing yourself will not warrant an indecent exposure charge, according to Guisti.

Newport Beach criminal defense attorney Guisti also says wearing revealing clothing doesn't qualify as indecent exposure.

It would appear based on this information, according to Guisti, that the suspect purposely was drawing attention to his "private area."

What is interesting, according to Guisti, is the DA opted not to charge this suspect with PC 647(a) lewd conduct in public, because when somebody touches themselves with sexual intent that becomes a lewd conduct charge.

Now this person already is a registered sex offender and attorney Guisti says if this was somebody else with a fairly clean record convicted of indecent exposure they would probably have to register as a sex offender.

If you or somebody you know are facing indecent exposure charges it's very important to have an experienced Orange County sex crimes attorney on your side who can defend these charges and most importantly prevent you from having to register as a sex offender.

Call the Orange County sex crime defense lawyer specialists at the Law Office of Michael L. Guisti right away so we can help you keep your freedom.

Huntington Beach, Orange County - A Huntington Beach man is under arrest for assault with a deadly weapon following an apparent fight at a downtown Huntington Beach bar that left another man injured with a severe face laceration Monday morning, according to Huntington Beach Police.

Police say the victim was severely cut in the face with broken glass and the suspect apparently cut himself with the glass, which led investigators to later track down the suspect at an area hospital where he was being treated.

Huntington Beach assault defense attorney Michael L. Guisti explains that assault with a deadly weapon, or ADW, is a violation of PC 245(a)(1) where you assaulted somebody and the assault was committed with a deadly weapon likely to cause great bodily injury.

Attorney Guisti explains a deadly weapon can be the obvious like a knife or gun (in which case you'll probably face assault with a firearm charges), but a deadly weapon can be an everyday object that has the ability to cause substantial harm to another person if used in a threatening matter. In this case it sounds like a glass cup from the bar was broken and allegedly used in a harmful matter, according to Guisti.

Huntington Beach criminal lawyer Guisti points out if you use such an object in a harmful or threatening way even if you didn't make any physical contact with the person you can still face ADW charges.

Attorney Guisti says ADW is a "wobbler" and can be charged either as a misdemeanor or felony, and being convicted on a felony can result in being sentenced to a California State Prison.

If you or somebody you know are facing assault with a deadly weapon charge you must call the Law Offices of Michael L. Guisti right away at 888-478-8999 so we can go over your case and make sure your side of the story is properly told and justice is served to you.

Before you go out tonight keeps a heads up for DUI checkpoints.

There are at least three DUI checkpoints the Orange County DUI lawyers are aware of.

On Friday July 22 in the City of Orange between 8 p.m. and 3 a.m. Orange Police will conduct a checkpoint in the area of 1600 N. Tustin, west of 55 freeway, between Katella and Taft.

Also on Friday evening in Santa Ana the Santa Ana Police will conduct a DUI checkpoint between 7:30 p.m. until 1 a.m. on Edinger near Grand.

On Saturday Long Beach Police will conduct a DUI checkpoint in the Belmont Shore area between 6 p.m and 2 a.m.

Huntington Beach DUI lawyer Michael L. Guisti explains if you see a DUI checkpoint ahead you have the legal right to turn around and not go through it, however, attorney Guisti stresses, when you turn around just make sure you're not breaking any traffic laws.

Many times, Orange County DUI attorney Guisti says, somebody approaching a DUI checkpoint will suddenly make a U-turn crossing over the double yellow lines, which gives police the right to pull you over.

Guisti says police can pull you over if they think you're DUI. Also, Guisti notes, if you have some issue with your car like a taillight out expect to be pulled over.

Newport Beach DUI lawyer Guisti points out that if you enter a DUI checkpoint and you're caught driving without a license or driving on a suspended license police can cite you and impound your car.

If you or somebody you know are facing a DUI charge call the Orange County DUI attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can examine your charge, investigate the arresting police officer's action and ensure justice for you.

Garden Grove, Orange County - In a story that has received international attention a Garden Grove woman remains behind bars after cutting off her husband's penis last week.

Garden Grove Police say an argument over house guests may have lead Catherine Kieu, 48, to drug her husband's dinner, tied him to a bed and cut off his penis, which Kieu put down the garbage disposal.

Kieu was charged with one felony count of torture and one felony count of aggravated mayhem with sentencing enhancements for great bodily injury and personal use of a knife.

Fullerton criminal defense attorney Michael L. Guisti says this is probably one of the more bizarre cases to come along in a long time, but it's important to look at the crimes Kieu is being prosecuted for.

In the case of felony torture, according to attorney Guisti, under Penal Code (PC) 206 torture is when you have the intent to cause cruel or extreme pain and suffering for the purpose of either revenge, extortion, persuasion, or for any sadistic purpose, which inflicted great bodily injury.

Fullerton criminal lawyer Guisti says given what allegedly took place meets the threshold of felony torture for the Orange County District Attorney as extreme pain was caused for apparent revenge over the house guests.

Common defenses for torture, according to Guisti, is you didn't cause "cruel or extreme pain," even if you did injury somebody as along as you didn't inflict "cruel or extreme pain" a person cannot be charged nor found guilty of torture.

Similarly if a suspect injured somebody but didn't get revenge, extort property, or have personal satisfaction then they cannot be found guilty of torture, according to Guisti. Many times, Guisti goes on to say, this defense generally works when a person had to injure somebody in the name of self-defense simply for protection.

Fullerton criminal attorney Guisti talks about how this type of defense worked for a very famous, similar case in the early 1990s. Guisti explains In the Lorena Bobbit case the suspect, Bobbit, cut off her husband's penis and was tried and found not guilty after Bobbit's defense attorney's showed the jury her husband's constant abuse caused Bobbit to eventually "snap" as she was suffering from clinical depression and possible post traumatic stress disorder due to the ongoing abuse.

Orange County criminal lawyer Guisti explains that aside from the incident itself not much is really known about the Garden Grove case and if there was some kind of reason why Kieu felt it necessary to allegedly do such a thing. Guisti says many people thought the Bobbit case was very straight forward, but once the trial got underway it was revealed there was substantial abuse in their house that led to that moment.

Attorney Guisti also wants to address the other charge of mayhem Kieu is facing. Under PC 205 aggravated mayhem is when you maim someone and exhibit an extreme or reckless disregard for the physical or psychological well-being of the victim according, to Guisti.

Orange County defense lawyer Guisti says Kieu can argue just like the torture charge it was a case of self-defense simply to protect herself.

Both torture and mayhem are felonies, with torture carrying a life behind bars at a California state prison if convicted, according to Guisti.

If you're facing some kind of torture charge you must call the Orange County torture defense attorneys at the Law Office of Michael L. Guisti right away at 888-478-8999, because this is a very serious charge that could send you to prison for the rest of your life.

Fullerton, Orange County - A 24-year old Fullerton man is under arrest for suspicion of murder after a person he got in a fight with died early Sunday morning as a result of his injuries, according to Fullerton Police.

The fight occurred at an apartment complex near Cal State Fullerton and witnesses tell police the suspect got into some kind of argument with the victim that led to a fight, which the suspect allegedly punched the victim in the face knocking him to the ground, according to Fullerton Police.

Police say the victim was taken to a nearby couch to recover, but a short time later people at the party discovered his wasn't breathing and called paramedics, where upon their arrival he was pronounced dead at the scene.

Fullerton murder defense attorney Michael L. Guisti explains any sort of murder charge you're arrested for you need to take very seriously and contact an expert Orange County criminal defense attorney right away, because this is a charge that can not only put you away in state prison for the rest of your life, but could result in you being given the death penalty.

Attorney Guisti says murder is one crime if you're arrested for not to waste anytime hiring an attorney, because as soon as your attorney can look over the facts of your case your Orange County legal defense team can work out a strategy to reduce the charges against you, prepare a stellar defense or even work to get your case dismissed.

Fullerton homicide lawyer Guisti explains that even though murder is charged under Penal Code 187 they're several different elements under murder, such as first-degree murder, second-degree murder and capital murder, among others, all of which carry different penalties.

Based on what is known in this case so far it's possible the Orange County District Attorney may charged the suspect with second-degree murder, which is basically murder not deliberate and premeditated, but still considered willful, according to Attorney Guisti. Here essentially the suspect didn't mean nor planned to kill the victim.

Fullerton murder lawyer Guisti says in this suspect's defense it's possible he was using self-defense and this was just the unfortunate result. After all, we don't know how the fight started or who even threw the first punch, according to Guisti, and even if it's a case where the victim used "fighting words" to incite the fight and/or the suspect felt it necessary to take such action.

Murder cases are very complex and that is why, according to Guisti, you must call an experienced Orange County murder defense attorney.

As Attorney Guisti also explains, as expected murder cases take high priority with police, and sometimes in their rush to want to catch a murder suspect certain strict rules of police procedure may be illegally bent. Should this be the case with you this means your constitutional rights were violated and the case can be dismissed, according to attorney Guisti.

If you're facing murder charges you must call the Law Office of Micheal L. Guisti right now at 888-478-8999. This is not a charge you want to "wait around and see what happens" or even attempt to speak with the DA and police yourself to explain "what really happened," because more often than not that will land you in more trouble.

What you must do is call Orange County murder defense attorney Michael L. Guisti right now so we can prepare a winning defense for your case and ensure your freedom.

Fullerton, Orange County - ​Monday night, an unnamed man in his 40s was fatally shot and killed near an Anaheim park. Police officers fear that this incident was the product of gang violence even though the man that was killed was not a gang member. Police are continuing the investigation to determine the parties involved as well as the purpose behind the shooting.

​According to Fullerton Criminal Attorney Michael Guisti that there can be a multitude of different scenarios on how the shooting took place, some yielding different legal consequences than others. If the act was in fact an intentional killing where the parties intended to carry out the crime that would result in a death, they could be charged with murder. However, even if the parties intended to cause grievous bodily harm, committed the act recklessly with a complete disregard for human life, or while committing a felony, this would also result in a murder charge against the parties under the common law.

The Fullerton felony defense lawyer explains that under California criminal law, a murder charge can be of the first degree or the second degree. First-degree murder results when there is an unlawful killing of a human being where the elements of premeditation and deliberation are present.

This means that the party committing the act had time to think beforehand and evaluated the situation before acting. A second-degree murder charge results in all other types of murder.

​The Fullerton Murder Defense Attorney further explains that In the event that a murder charge results, a variety of defense may also apply depending on the facts of the case. This is a main advantage of consulting legal counsel when charged with a crime whether one believes that they are guilty or innocent.

If you or your family have been arrested or charged with murder, assault with deadly weapon, battery, homicide, or any serious violent crimes, it is imperative to consult with the experienced legal counsel immediately. Our criminal attorneys at Law Offices of Michael Guisti have successfully represented clients in Fullerton, Santa Ana, Irvine, Westminster, Newport Beach, and cities in Orange County, Los Angeles, San Bernardino and Riverside. Please call us at 888-478-8999 to get a free consultation today.

Santa Ana, Orange County - A Santa Ana man allegedly sexually assaulted a woman in his home while pretending to perform acupressure therapy, according to Orange County prosecutors.

Prosecutors say Thuan Van Nguyen, 56, of Santa Ana is charged with one misdemeanor count of sexual battery by fraud and two misdemeanor counts of sexual battery

The victim alleges that Nguyen asked a woman to remove her shirt and lie on her stomach in his bedroom after she went to his Santa Ana home to receive acupressure therapy. While at Nguyen's Santa Ana house the victim alleges Nguyen rubbed her breasts, according to the Orange County District Attorney.

Santa Ana sex crimes defense attorney Michael L. Guisti explains sexual battery under Penal Code 243.4 (e)(1) is the non-consensual touching of the intimate part of another for sexual arousal, sexual gratification, or sexual abuse and is a wobbler, which means it can be charged either as a misdemeanor or felony.

Santa Ana sexual battery attorney Guisti explains what crosses the line from misdemeanor to felony in sexual battery depends if the alleged victim was conscience and/or unlawfully restrained when the alleged crime took place.

Generally speaking if the alleged victim was tied up, or unconscience, or is medically incapacitated of making such decisions it will be charged as felony sexual battery, according to Attorney Guisti.

In this misdemeanor case the alleged victim didn't meet the qualifications for felony sexual battery, which is why Nguyen is being charged with misdemeanor sexual battery, according to Attorney Guisti.

Santa Ana sex crime lawyer Guisti explains that even though this is being tried as misdemeanor sexual battery if convicted Nguyen faces up to two years in Orange County jail and possibly having to register as a sex offender.

Attorney Guisti explains if you're being charged with a single misdemeanor sexual battery count you could face up to six months in Orange County jail, a $2,000 fine and possibly having to register as a sex offender, which is why if you're facing this charge you need to contact and set up an appointment with an experienced Orange County sex crimes defense attorney right away.

Orange County criminal defense attorney Guisti explains that by contacting an experienced Santa Ana sex crimes attorney right away if you're facing misdemeanor sex crime charges your defense team can work with the Orange County District Attorney to reduce charges, and most importantly, to prevent you from having to register as a sex offender.

Bottom line, even though it's a misdemeanor they're still severe consequences you face if don't hire an experienced Orange County sex crimes lawyer.

Now if you're facing misdemeanor sexual battery, or any kind of sex crime, you must call the Law Offices of Michael L. Guisti right away at 888-478-8999 so our legal experts can keep you out of jail and keep your record clean.

Garden Grove, Orange County - Garden Grove Police have cracked down on racy Vietnamese cafes where waitresses wear less than the typical coffeehouse worker, but Garden Grove officials claim inside these coffeehouses in the heart of Orange County's Vietnamese community illegal gambling was taking place.

In March the city seized over 180 arcade machines and $145,000 in cash.

Westminster criminal defense attorney Michael L. Guisti explains owning and operating a gambling machine is a violation of Penal Code (PC) 330, which is a misdemeanor and if convicted you could face up to $1,000 or six months in Orange County jail.

Attorney Guisti says it's important to understand even if you own a slot machine for your own personal entertainment you need to make sure it doesn't accept money nor pay money or anything of value, but even then you could face some problems. Guisti says he has seen cases where people have had their personal slot machines seized and fined $1,000, because the machine accepted money.

Fullerton criminal attorney Guisti says that under PC 330.4 anybody, "who permits to be placed, maintained or kept in any room, space, enclosure, or building owned, leased or occupied by him, or under his management or control, whether for use or operation or for storage, bailment, safekeeping or deposit only, any slot machine or device [...] is guilty of a misdemeanor."

As you can see simply having a slot machine or other gambling device can get you into a lot trouble, however if you have what is deemed to be an "antique slot machine," which is a machine 25 years or older, you shouldn't have any problem as long as it doesn't accept money, according to Guisti

Orange County criminal attorney Guisti says California gambling laws or very strict and highly complex and simply owning a gambling machine for your own personal amusement and/or simply using it for a piece of furniture can possibly get you a misdemeanor on your record.

If you or somebody you know have been convicted of owning a gambling machine you could have an expungement done to clear your name.

If you've recently been arrested and charged for allegedly owning an illegal gambling device call the Orange County Law Offices of Michael L. Guisti now at 888-478-8999 so our California gambling attorney experts can review your case and help keep this misdemeanor charge off your record and possibly return the item to you.

Fullerton, Orange County - At least 69 people were arrested for DUI in Orange County along with 1,562 DUI arrests statewide during the Fourth of July holiday weekend, according to the California Highway Patrol.

Fullerton DUI attorney Michael L. Guisti explains if you or somebody you know were among those arrested for DUI it doesn't mean you're automatically guilty of DUI as they're several things that could have happened that may prove your DUI tests wrong, which is why you need to contact and set up an appointment with an experienced Orange County DUI defense lawyer right away.

As attorney Guisti explains, first off the field sobriety tests used by police are only 65-77% accurate according to the Department of Transportation, and that's not really a passing grade for such an important test. Attorney Guisti says they're so many things that can affect the outcome of a field sobriety test, such as being sick or nervous, and performing the test on uneven ground that can cause a person to do poorly or "fail" the field sobriety test, which is yet another reason to contact a DUI lawyer.

Newport Beach DUI attorney Guisti says what caused most people to be arrested for DUI was blowing an 0.08% or more during the DUI breathalyzer test, but, attorney Guisti stresses, many of these DUI breathalyzers are flawed, and if your test was flawed there is no case against you. Guisti says DUI breathalyzers aren't designed to take into account a person's weight, height and even diet, which leads to false results and false arrests.

They've been studies shown, according to Guisti, being near the ocean with the salty air can affect DUI testing equipment, which is why if you've been arrested in Huntington Beach or Newport Beach for DUI you need to contact an attorney.

Other nearby equipment, such as radio towers, the officer's own radio equipment and even interference from passing cars can cause a false reading on a DUI breathalyzer test, according to Guisti.

Also, Huntington Beach DUI lawyer Guisti stresses, they've been many cases where the DUI breathalyzer computer malfunctions giving a reading off by 0.02%, which means if you alleged blew 0.08% you really blew 0.06%, in which case you didn't commit any DUI crime. If this is the case, according to attorney Guisti, then it violates Title 17 of the California Code of Regulations that very strictly enforces how DUI tests are to be performed.

If Title 17 is even slightly violated then your case will likely be dismissed, according to attorney Guisti.

Orange County DUI lawyer Guisti explains they're many laws and regulations designed to protect a driver from being falsely accused of DUI.

If you or somebody you know was arrested for DUI over the holiday weekend call the DUI experts at the Law Office of Michael L. Guisti at 888-478-8999 and we'll see to it your rights weren't violated and justice is served for you.

Irvine, Orange County - A jury in Orange County, Florida found Casey Anthony not guilty Tuesday of killing her 2-year-old daughter in a high-profile case that captivated the country, but before it was over the jury did find Anthony guilty on four counts on giving false information to peace officers, which is a misdemeanor.

Under Florida law Anthony could face up to a year in jail for each count, however in California, according to Irvine criminal defense attorney Michael L. Guisti, punishment for giving false information to a peace officer is only punishable by a maximum of six months in county jail.

Attorney Guisti explains that in California giving false statements to a peace officer is a misdemeanor under California Vehicle Code (CVC) 31 that states in part, "No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties [...] when such person knows that the information is false."

Irvine criminal defense lawyer Guisti explains they're several ways you could break this law, which range from simply giving the police officer a false name to answering a question you know to be false.

To be guilty of this crime, Orange County criminal defense attorney Guisti explains, you had to "knowingly" give false information to the officer, which basically means you meant to deceive the officer. Now if you unknowingly gave the officer documents you believed were legitimate or during questioning you weren't thinking straight and unknowingly gave incorrect answers you cannot be guilty of this crime, according to Guisti.

Irvine fraud attorney Guisti says if convicted of this crime in addition to being sentenced up to six months in jail you could face up to a $1,000 fine.

Attorney Guisti stresses that even though the punishment isn't very harsh you have to remember this is a misdemeanor and if you're convicted of this you're going to have a misdemeanor on your record that potential employers and other agencies will see when they run a background check on you, which is why you need an experienced Orange County criminal defense attorney.

Irvine criminal attorney Guisti says should you be found guilty of this crime at some point you may want to consider an expungement.

If you're being charged with making false statements to a peace officer call the Orange County Law Offices of Michael L. Guisti at 888-478-8999 and let our criminal defense experts handle this matter for you.

Irvine, Orange County - With a three-day holiday weekend ahead many people are surely going to spend it with friends and a few drinks, but law enforcement throughout Orange County will be stepping up DUI saturation patrols in areas where many bars and young people come together, such as downtown Fullerton, Huntington Beach, Newport Beach and Santa Ana.

At least three DUI checkpoints are planned for Orange County over the weekend.

The Brea Police Department will have DUI checkpoint beginning at 7 p.m. Friday evening ending at 3 a.m.Saturday. The location of this Brea DUI checkpoint has not been disclosed.

Also Friday evening in Aliso Viejo the Orange County Sheriff's Department will have a DUI checkpoint beginning at 6:30 p.m. ending Saturday morning at 2:30 a.m. The location of this DUI checkpoint has not been disclosed.

In Irvine on Saturday evening Irvine Police will conduct a DUI checkpoint at Culver Drive and Farwell from 7 p.m. until 3 a.m. Sunday.

In Los Angeles County seven DUI checkpoints are planned for Friday evening in Santa Fe Springs, Pasadena, Monterey Park, North Hollywood, Northridge, Santa Monica and Lancaster.

Fullerton DUI lawyer Michael L. Guisti explains if you see a DUI checkpoint ahead you have the legal right to turn around and not go through it, however, attorney Guisti stresses, when you turn around just make sure you're not breaking any traffic laws.

Many times over, Orange County DUI attorney Guisti says, somebody approaching a DUI checkpoint will suddenly make a U-turn crossing over the double yellow lines, which gives police the right to pull you over.

Guisti says police can pull you over if they think you're DUI. Also, Guisti notes, if you have some issue with your car like a taillight out expect to be pulled over.

Sometimes, according to Guisti, if you're able to turn around without breaking any traffic laws some police departments will keep squad cars posted along the opposite side of the street and nearby side streets to give the impression you're going to be pulled over if you turn around and refuse to go through their DUI checkpoint. Other times police will simply block off entries to side streets and even block legal U-turns to ensure you go through their DUI checkpoint, according to Guisti.

Newport Beach DUI lawyer Guisti points out that if you enter a DUI checkpoint and you're caught driving without a license or driving on a suspended license police can cite you and impound your car.

If you or somebody you know are facing a DUI charge call the Orange County DUI attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can examine your charge, investigate the arresting police officer's action and ensure justice for you.

Fullerton, Orange County - The Fourth of July holiday weekend is upon us and amid the barbeques and parties throughout Orange County many people plan to have their own fireworks display. Yet before you light off fireworks it's important to remember not only possessing and lighting off illegal fireworks can get you into serious trouble, but if the fireworks cause a fire you could be charged with arson.

Fullerton criminal defense attorney Michael L. Guisti explains the California Supreme Court recently ruled juveniles who accidentally started a fire caused by fireworks can be charged with arson. Guisti explains in this case two teenage boys accidentally set a Pasadena hillside on fire burning five acres when they lit off a "cherry bomb," however the defense lawyers for the two teenage boys argued they made a point when lighting off fireworks to stay away from hillsides and other places that can easily catch fire and that they had no intention of setting anything on fire.

The state's high court basically ruled, according to attorney Guisti, the teenagers knew the risk of starting a fire was there when they lit the fireworks and the resulting brush fire was not an accidental or unintentional ignition, which resulted in the two teenage boys being charged with the much more serious charge of Penal Code (PC) 451 willful or malicious arson, which is a felony.

Orange County arson lawyer Guisti explains they're two types of arson charges, PC 451 willful or malicious arson, which is typical charged as a felony, and PC 452 reckless burning, which PC 452 is a "wobbler" and can be charged either as a misdemeanor or felony.

Essentially, attorney Guisti says, despite any evidence showing every precautionary measure taken before you lit the fireworks the courts believe you're well aware of the inherent dangers of setting off fireworks and thus if your fireworks accidentally set something on fire the courts hold that you can be charged with arson.

Guisti goes on to say that if you or somebody you know are facing some kind of arson charge you need to get a professional Orange County criminal defense lawyer right away, because if convicted of arson you face several years behind bars at a California state prison and thousands of dollars in fines.

Orange County criminal defense Attorney Guisti says if there is a situation where your firework sparks a brush fire and at least five structures burn and/or the cost of damage and fighting the fire cost in excess of $5,650,000 you could face aggravated arson charges, which if convicted could result in more time in prison.

Whether or not a firework results in a large fire or small fire, aside from facing an arson charge, you could be stuck with the bill it cost the fire department, police and other emergency agencies to put out the fire, according to Guisti. Guisti says if it becomes a large brush fire where emergency officials need to bring in helicopters, water-dropping airplanes and hundreds of firefighters the bill to fight the fire can easily run into the millions of dollars that you'll likely be responsible for paying.

Guisti simply says when if you plan to set off fireworks just make sure they're legal fireworks and you're well away from anything that can quickly catch fire, and you shouldn't have any problem.

If you or somebody you know are facing arson charges or any kind of criminal charge call the Orange County Law Offices of Michael L. Guisti right now at 888-478-8999 and set up an appointment so we can assure justice is served for you.