Orange County Criminal Lawyer Blog

Burbank, Los Angeles County - A family of four is accused of shoplifting from a Sears in Burbank this week, according to police reports.

The family, which includes a mother, father and two teenagers, reportedly shoplifted goods worth $550, according to police.

Fullerton criminal attorney Michael L. Guisti explains at the least the family members are going to face petty theft charges as the value of the goods allegedly shoplifted was under $950 where as grand theft charges are when a suspect shoplifts items valued over $950, but depending what the family members tell police they could face commercial burglary charges.

A lot of people understandably think shoplifting and burglary are the same thing, according to Guisti, but they're separate crimes with separate punishments.

Fullerton criminal defense lawyer Guisti explains that burglary is when you planned to enter a building to commit a felony or petty theft, where as shoplifting is unlawfully taking items once inside.

Now it's very possible one of these family members told police investigators they talked about maybe doing this at Sears before entering the store, which the investigator can construct as burglary since the family planned to commit a crime before entering the store, according to Guisti.

In many shoplifting cases the suspect didn't even think about committing any crime before entering the store, rather an opportunity presented itself and on impulse the suspect took advantage of it, according to Guisti.

Guisti goes on to say that what happens in many shoplifting cases is police will ask the shoplifting suspect a seemingly innocent question like, "Did you think about doing this before you came in here," and the suspect, just being scared or simply not knowing what to say, may just say "yes" in wanting to get through this process as quick as possible. Answering "yes" to that question now invites the more serious burglary charge, according to Guisti.

Since minors were involved it's possible, depending on the details of the case, some kind of child abuse, child endangerment or even domestic violence charges may arise, according to Guisti.

If you're facing shoplifting charges or any kind of theft crime charges call the Law Offices of Michael L. Guisti right away at 888-478-8999 so we can make sure you're not facing incorrect additional charges and help you get on with your life.

Newport Beach, Orange County - An Irvine man was arrested Sunday for child endangerment and resisting arrest after allegedly slapping his seven-year-old special needs son aboard a tour boat and tossing him overboard into the waters of Newport Beach.

The child was reportedly crying following an argument between the father and his wife, the child's reported stepmother, on the boat, according to the Orange County Sheriff's Department.

Sheriff deputies say the suspect repeatedly hit his son before throwing him into the harbor.

Newport Beach criminal attorney Michael L. Guisti says these are two very serious charges and with many witnesses on the boat to the alleged incident this suspect is going to need a very experienced Orange County criminal defense lawyer who could possible work out a deal, or even have the charge of resisting arrest dismissed.

Guisti says if you're ever accused of a serious crime like child abuse or domestic violence it's very important to contact an attorney right away who can review your case and work with the courts to reduce your charges or even possibly dismiss your charges.

Newport Beach criminal lawyer Guisti says the crime of child endangerment is when a person places a child in a dangerous situation, or allows a child to be placed in a dangerous situation without taking steps to protect the child. Guisti stresses that for this charge to arise the child doesn't need to actually need to be physically injured, only that the child was placed in a position where he/she could've been endangered.

Basically child endangerment is when a suspect willfully inflicted unjustifiable physical pain or mental suffering on a child, according to Guisti, and is a "wobbler," which means it could be charged either as a felony or misdemeanor.

If convicted of felony child endangerment you could face up to six years in a California state prison, according to Guisti.

Resisting arrest is when a suspect basically resists, delays, or obstructs a peace officer, or even firefighter and paramedic, in their duties, according to Guisti.

Guisti says this includes refusing to be handcuffed or not complying with an officer's demands to identify yourself or interfering with the work of an officer.

This charge is a misdemeanor, according to Guisti.

If you're facing similar charges you need to contact the Law Offices of Michael L. Guisti right away at 888-478-8999 and let our expert domestic violence attorneys handle your case and get you the best possible outcome.

Irvine, Orange - Before you go out clubbing and drinking tonight be advised of several DUI checkpoints and DUI roving patrols around Orange County as police are looking for those driving drunk.

For Friday night a DUI checkpoint is planned in Newport Beach at an undisclosed location until 3 a.m.

Also Friday evening a DUI checkpoint is planned at an unknown location in Santa Ana.

As well for Friday the Anaheim, Garden Grove, Irvine, Buena Park and Newport Beach Police Departments will have roving DUI patrols in their cities.

A roving DUI patrol is generally when police units are positioned in areas where they're a high number of DUIs, which are often around popular bars and clubs.

One of the most popular questions asked is, "If I see a DUI checkpoint ahead can I just turn around or is it illegal?"

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

Many times over, 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 also says police can pull you over if they think you're DUI, or if you have some issue with your car like a taillight out.

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.

Irvine DUI attorney 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 even 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.

Newport Beach, Orange County - A parolee with two felony convictions was sentenced Thursday to 22 years in state prison for robbery, burglary and possession of a firearm by a felon after breaking into the Irvine home of a woman who ran a day care for children ranging from 6 months to 3 years old in June 2009.

Newport Beach criminal attorney Michael L. Guisti explains that many people, understandably, think robbery and burglary are the same crime, but they're very different, separate crimes that each carry different punishments if convicted.

Burglary is when you plan to enter a structure to commit a felony or petty theft, while robbery is using fear and/or force to take something, like money or an item, from somebody's immediate possession, according to Guisti.

Newport Beach criminal lawyer Guisti goes on to say possession of a firearm by a felon is a violation of Penal Code 12021 that prohibits gun possession for people who have been convicted of a felony offense, certain misdemeanor offenses and people who are "addicted" to narcotic drugs. Guisti notes that those convicted of misdemeanors that could violate this law are usually reserved for those convicted of misdemeanor gun crimes like brandishing a weapon and certain misdemeanor sex crimes.

Guisti says these are all very serious charges and if you or somebody you know are facing such charges you need to set up an appointment with an experienced attorney right away, because even though police claim one thing there could be other facts in your case that could result in reduced charges or having your case outright dismissed.

The most important thing to understand when facing very serious charges, according to Guisti, is don't let police or the district attorney investigator badger you into thinking your case is hopeless and you should just give up, because when you have a professional Orange County attorney by your side your lawyer can review these allegations, possibly find and reveal new evidence in your favor, review and question the creditability of the alleged victim and witnesses, and get you the best possible deal.

If you're facing criminal charges contact the Law Offices of Michael L. Guisti right now at 714-530-9690 or call our Irvine offices at 949-390-9898 and we'll see to it you're fairly represented in court and your side of the story is heard.

Riverside - Rodney King, whose infamous videotaped police beating triggered the 1992 Los Angeles riots and who himself has gone on to become a "reality television" star, was charged Wednesday in Riverside with misdemeanor driving under the influence after Riverside Sheriff Deputies administered a field sobriety test during a traffic stop last month.

In recent times King has appeared on VH1's "Celebrity Rehab with Dr. Drew," and over the years has had run ins with the law.

Fullerton criminal attorney Guisti explains that most misdemeanor DUI cases are usually for first or second DUI offenses.

If you're going through your first DUI what you can expect, according to Guisti, is three-to-five years probation, court costs of up to $1,200, up to a six months of either completely losing your driver's license or having a restricted license, having to take a DUI class and a mandatory 48-hour jail stay.

Fullerton criminal lawyer Guisti says DUI arrests aren't always as clear-cut as it may seem and having to face the DUI punishment can seem daunting, which is why it's very important to consult with a professional DUI defense lawyer who will review your case and see if the arresting officer's actions were properly followed, and your lawyer can even challenge the DUI tests.

The various DUI sobriety tests used are notoriously flawed and barely get a passing grade by the National Highway Traffic Safety Administration, according to Guisti, and the electric devices used can experience interference from passing cars, cell phones and even the salty ocean air can affect your test results.

Fullerton DUI lawyer Guisti says your weight, height and diet can also affect the outcome of your DUI test result, and this is why you should hire an expert DUI defense attorney if you're facing a DUI charge.

If you're facing a DUI charge, a DUID charge, or public intoxication charge call the Law Offices of Michael L. Guisti right away at 714-530-9690 so we can review your case and see if you really were DUI at the time of your arrest.

Santa Ana, Orange County - An Orange County woman has been arrested for attempted murder on suspicion of throwing her 7-month-old son from the fourth floor of a parking structure at Children's Hospital of Orange County, leaving him with major injuries, according to Orange Police.

[UPDATE: Wednesday: The infant has died and the Orange County District Attorney has said charges would be elevated to murder, which carries a possible penalty of 25 years to life in state prison.]

Orange Police report the mother has postpartum depression and was hospitalized in June for such depression.

It's reported that the suspect's criminal record shows no previous reports of child abuse, assault, battery or domestic violence.

Santa Ana criminal defense attorney Michael L. Guisti explains murder is always a very serious case, and given the suspect allegedly is suffering from depression it's possible the suspect could be found incompetent to stand trial.

Guisti explains that for somebody to be found incompetent to stand trial they must lack a rational understanding of the charges against them, an understanding of the proceedings of their trial, or the ability to participate in their own defense.

Santa Ana criminal lawyer Guisti stresses that if this suspect is found incompetent to stand trial it's not a "get out of jail free card," but rather the suspect would likely be sent to a secure state medical or psychiatric facility to receive treatment until she is able to stand trial.

Once the suspect is deemed competent to stand trial the court will proceed with its case, according to Guisti.

Guisti says it's possible the suspect's attorney may try to use the insanity defense.

Now the difference between being found incompetent to stand trial and an insanity plea, according to Guisti, is an insanity plea is when somebody claims they don't know the difference between right and wrong at the time they committed the crime.

Guisti says despite popular belief insanity pleas are actually very hard to come by and if an insanity plea is accepted this too isn't a "get out of jail card," but rather the judge usually sentences the suspect to a secure state medical facility for a period of time, and every few years or so there is a hearing to determine the mental condition of the suspect.

If you're facing charges stemming from a domestic violence case, attempted murder case or an assault with a deadly weapon case please call the Law Offices of Michael L. Guisti at 714-530-9690 so we can review your case.

Santa Ana, Orange County - Prosecutors have filed papers formally asking a judge to drop the sexual assault charges against French financier Dominique Strauss-Kahn on Monday.

Nafissatou Diallo, a 33-year-old West African immigrant, alleged that Strauss-Kahn tried to raped her May 14 in a Manhattan hotel, but questions surfaced about her credibility after she misled prosecutors on several occasions.

Strauss-Kahn has insisted their encounter was consensual.

Santa Ana criminal lawyer Michael L. Guisti has seen many cases here in Orange County where sexual assault charges turn out to be false, and that is why, Guisti goes on to say, if you're ever accused of a sex crime you need to contact a professional sex crimes defense attorney right away.

Many times over they're many alleged cases of rape filed by people who falsely accuse another person of rape out of jealousy, revenge, anger, or other such emotionally-driven motives, according to Guisti, and it's not that unusual false sexual assault charges can even arise out of domestic violence situations.

Guisti goes on to explain the crime of rape and "date rape" is covered under Penal Code (PC) 261, which defines rape as nonconsensual intercourse accomplished by means of threats, force, or fraud and also associated with rape crimes is PC 266c, commonly known as "oral copulation by force."

Santa Ana criminal attorney Guisti says that being accused of rape is very serious and can no doubt damage your reputation, but when you have an expert lawyer by your side your lawyer can show the court the contact between you and the other person was consensual and there was never any use of threats, force or fraud.

Don't let false allegations ruin your reputation and career, call the Orange County sex crimes attorney specialists at the Law Office of Michael L. Guisti at 714-375-5809.

Santa Ana, Orange County - There are at least seven Orange County DUI checkpoints planned for the weekend as police search for drunk drivers, those DUID, even those driving without a license or driving on a suspended license, and if circumstances prevail DUI checkpoints have been known to cite those drunk in public.

In Orange a DUI checkpoint is planned Friday evening between 8 p.m. and 2 a.m. in the area of 1800 West Chapman Avenue.

Also planned for Friday evening are DUI checkpoints in, Santa Ana, San Juan Capistrano, Dana Point, San Clemente and Cypress, all of which are in undisclosed locations.

On Saturday a DUI checkpoint is planned in Tustin.

Santa Ana 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, when you turn around just make sure you're not breaking any traffic laws.

Many times over, 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, or 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.

Santa Ana DUI attorney 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.

Brea, Orange County - Two men reportedly robbed a man near the Brea Mall at gunpoint on Wednesday evening, according to Brea Police.

One of the men brandished a handgun as they demanded money from the victim and left the scene with an unknown amount of money, according to police.

Fullerton criminal attorney Michael L. Guisti explains what sets robbery apart from other theft crimes like burglary and shoplifting is the suspect directly takes property from another person using fear, threats and force, and using a gun to take another person's money fits that definition.

Where as burglary is where you plan to enter a building to commit a crime and shoplifting is being inside a store taking items that could result in petty theft or grand theft, Guisti explains, robbery is going right up to the person and fearfully and forcefully taking their possessions.

Fullerton criminal lawyer Guisti explains since the suspects in this Brea case allegedly used a gun they face the possibility of a major sentencing enhancement under California's "10-20-life 'use a gun and you're done'" law, which subjects the suspects to an addition and consecutive sentence of ten years in prison for "using" a gun.

Guisti explains they're a couple defenses that could be used, the first is examining details of the case and see if "fear and force" was really used, because if there was no fear or forced used the suspects cannot be charged with robbery.

Also, if no gun is recovered and the suspects claim they never used a gun then it becomes very difficult for prosecutors to push ahead with the "10-20 life" sentencing enhancement, according to Guisti.

Guisti explains that alleged theft victims sometimes embellish stories to authorities hoping either for a faster police response or perhaps to cover up an embarrassing gaff on their part, such as leaving an item, like a wallet or iPod, out in the open on a table and walking away for a few seconds giving thieves the opportunity to grab the item when the victim is away. In a situation like this, Guisti goes on to say, the person or persons who seized upon the opportunity and stole the item cannot be charged with robbery since no fear and force was used, which means if caught they could face a lessor misdemeanor charge rather than a felony charge.

This is why it's important to hire a professional Orange County theft crimes attorney who can examine the case and make sure the DA, judge and jury hears your side of the story backed up by evidence, according to Guisti.

If you're facing robbery charges or other theft crime charges call the Law Office of Michael L. Guisti at 714-530-9690 right away.

Huntington Beach, Orange County - Huntington Beach Police have arrested a man accused of allegedly stalking a women and violating a domestic violence restraining order.

Police say they have videotape of Marco Antonio Sanchez, 42, of Huntington Beach breaking the windshield of a car and say this is one of several stalking and domestic violence related incidents allegedly caused by the suspect.

Police placed Sanchez under arrest while in court at the West Justice Center on August 15.

Huntington Beach criminal attorney Michael L. Guisti says California stalking laws are the strictest in the nation and under Penal Code (PC) 646.9 stalking is following or harassing another person and threatening that person with the intent of placing him/her in fear for his/her safety.

Guisti stresses that under our state's stalking laws "harassment" no longer requires that the alleged victim suffer "emotional distress" as a result of the stalking.

Stalking is mostly seen in cases of domestic violence, which is why police are very quick to act on reports of stalking, according to Guisti.

Huntington Beach criminal lawyer Guisti says that most people arrested for stalking usually violated a domestic violence restraining order.

Guisti explains the Domestic Violence Restraining Order, or DVRO, has several explicit directions from the judge designed to prevent a suspect from further causing any domestic violence to the victim by forbidding the suspect to assault, threat, stalk, sexually assault, and basically prevent any sort of contact with the victim, and violating those orders could potentially send you to prison.

Other orders in a DVRO can include limited visitations with your children, according to Guisti.

A DVRO usually lasts up to five years, but can be granted by a judge on a continuing basis, according to Guisti.

Guisti streeses if you've been served a DVRO it's very important you don't violate it, and that you appeal it if you feel it's unfair.

The Law Offices of Michael L. Guisti can help you if you're being accused of a domestic violence crime such as stalking, or if you have a DVRO placed against you that you feel is wrong we can work to appeal it.

Call our Orange County domestic violence specialists now at 714-530-9690 so we can set things straight with your life, and also work on your behalf so you can regain the right to see your children.

Santa Ana, Orange County - The actor who played the shoe-throwing bad guy in the 1997 film "Austin Powers: International Man of Mystery" goes on trial this week in Santa Ana for the kidnapping and sexual assault of a Huntington Beach woman in 1990.

Joseph Hyungmin Son was arrested in 2008 for violating his probation in an unrelated vandalism case when, under Proposition 69 that compels those convicted of felonies or misdemeanors to provide a sample of their DNA, his DNA reportedly was matched to the rape of a 20-year-old woman who was abducted off the street by two men on Christmas Eve 1990.

The victim was walking through a neighborhood in Huntington Beach when the suspects allegedly kidnapped her, repeatedly sexually assaulted her and left her naked body on a sidewalk in Compton.

Investigators say Santiago Gaitan, 40, was with Son and helped commit this crime. Gaitan was arrested in 2009 and pleaded guilty to sex crimes in January 2011.

Son initially was charged with multiple sexual assault and kidnapping counts, plus penalty enhancements for kidnapping, gun use and great bodily injury to a sexual assault victim, but since the statute of limitations expired he now faces two charges, conspiracy to commit murder and torture.

Santa Ana criminal attorney Guisti explains even though Son's initial charges were reduced these are still very charges that could send the suspect to prison for life.

Guisti stresses that that even though conspiracy to commit murder is covered under California's conspiracy laws under Penal Code (PC) 182 Son could face punishment equivalent to first-degree murder, because conspiracy to commit murder is considered to be equivalent to deliberation and premeditation of murder.

Santa Ana criminal lawyer Guisti explains conspiracy law is complex, but for a conspiracy charge to stand is there has to be an agreement between to or more people to commit a crime. In this case investigators allege Son and Gaitan agreed to murder the victim, according to Guisti.

Guisti says it's certainly possible in the course of the police and DA's investigation one of the suspects may have said unknowingly, under investigation pressure, implicitly or explicitly that they planned and agreed to murder the victim, and that is why Son is being charged with conspiracy to commit murder. A defense attorney could argue that Son never agreed with Gaitan to murder the victim and police and DA investigative interviews can be deconstructed to show there was perhaps a forced statement, according to Guisti.

Guisti explains that torture under PC 206 is when a suspect inflicts great bodily harm on another person with the specific intent to cause cruel or extreme pain. Guisti points out that even though the victim must suffer great bodily injury for there to be this charge, the crime of torture is more concerned with the intent of the suspect than the pain of the victim since is no requirement that the victim even suffer pain.

If you or somebody you know have found yourself facing such charges it's very important to contact our Orange County criminal attorney specialists at the Law Office of Michael L. Guisti right now at 714-530-9690. If you or somebody you know are facing such charges you cannot waste anytime getting the legal help you need.

Yorba Linda, Orange County - In Yorba Linda two men were arrested for allegedly being in possession of stolen property and auto burglary after allegedly breaking into cars and taking items.

Police say the two suspects allegedly stole cell phones, an iPod, a GPS system and Oakley sunglasses from parked vehicles.

Fullerton criminal attorney Michael L. Guisti says the first thing that needs to be looked at is if the cars the suspects allegedly broke into were locked, or unlocked. The reason being, Guisti explains, if you break into a locked car that is auto burglary, but if you open a car door that is unlocked that doesn't constitute auto burglary.

Many times the alleged victims, usually out of embarrassment, will tell police their car door was locked, when in reality it was not, according to Guisti, and this is one way a lot of alleged suspects face false auto burglary charges.

The bottom line, according to Fullerton criminal lawyer Guisti, for there to be an auto burglary charge you must have altered the locks of the car or trunk, and if you opened an unlocked door and you're caught you should only face the lessor charge of trespassing.

Whether you broke into the vehicle or were able to gain entry through an unlocked door what you do once inside the vehicle is where the more serious charges arise, according to Guisti. If you steal the vehicle you face grand theft auto charges or if you steal items from the vehicle you could face petty theft or grand theft charges, or in the case of these Yorba Linda suspects, you could face charges of receiving stolen property, according to Guisti.

For property to qualify as "stolen" the alleged suspect who took the property must have intended permanently to deprive the owner of that property under Penal Code 496 according to Guisti.

Fullerton criminal attorney Guisti explains that to prove you received stolen property investigators must show that the property was stolen, that you received the stolen property, and that you knew the property was stolen.

Auto burglary and receiving stolen property are "wobblers," which means they can be charged either as a misdemeanor or felony, according to Guisti.

If you or somebody you know are facing such charges you must call the Law Offices of Michael L. Guisti at 714-530-9690 right away you we can set up an appointment and review your case.

Just because you're accused of this crime doesn't mean you're automatically guilty.

San Clemente, Orange County - In San Clemente on Sunday evening a series of fights broke out.

Beginning at 7:30 p.m. Orange County Sheriff deputies responded to a call of a fight of up to 30 people involved. A short time later two other fights were reported with a large number of people involved, and it's unclear if all these fights were connected and what the cause of the fights were.

Irvine criminal defense attorney Michael L. Guisti explains being arrested for a fight they're several potential charges a suspect could face. The most obvious charge, according to Guisti, is battery charges. Under Penal Code (PC) 242 battery takes place when you willfully and unlawfully use force or violence upon another, and it doesn't matter how violent or sight the touch, just as long as you laid your hands on somebody in a harmful matter, according to Guisti.

Irvine assault and battery attorney Guisti explains if the victim suffered great bodily injury the suspects or suspects could face the more severe charge of aggravated battery under PC 243(d), which is when you commit batter and it results in the victim suffering great bodily injury. Now what constitutions such injury can always be debatable and that is why it's important to consult with a criminal defense lawyer who can work with the DA to possibly reduce charges, according to Guisti.

Guisti goes on to say if any weapons were used during any of these fights it's possible a suspect or suspects could face charges under PC 245(a)(1), assault with a deadly weapon, which means you assaulted somebody with a deadly weapon, and that weapon doesn't have to be something like a knife or gun (which would bring on the more serious charge of assault with a firearm) as it can be any "everyday" object that was used as a weapon.

Irvine criminal lawyer Guisti points out other people involved in this fight could face possible simple assault charges under PC 240, which means no physical contact was involved, only that the suspects had the ability to do so, and is a misdemeanor, and depending on the circumstances some suspects could face criminal threat charges.

If you or somebody you know have been involved in a fight, or even domestic violence situation, call our experienced Orange County criminal attorneys now at the Irvine Law Offices of Michael L. Guisti at 949-390-9898 and we'll see to it your side of the story is heard and get you the best possible outcome.

Newport Beach, Orange County - On this Friday, August 12, Newport Beach Police will be conducting a DUI checkpoint at Dover Drive and 16th Street from 9 p.m. until 3 a.m. searching for drunk drivers.

A question most people have, "If I see a DUI checkpoint up ahead can I just turn around or will I be stopped?"

As Newport Beach DUI lawyer Michael L. Guisti explains, yes, 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, because that will give police a reason to pull you over.

Many times, Newport Beach 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 and at the least give you a traffic ticket.

Guisti says police can pull you over if they think you're drunk driving or DUID, or 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 or DUID charge or some kind of drunk driving 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.

After all, here is something to consider, the nearby salty ocean air can affect DUI testing equipment, which could wrongly accuse you of being DUI, so call us now.

Irvine, Orange County - The California Department of Justice released their report this week, Hate Crime in California 2010, which reports 1,107 hate crimes occurred in 2010 with 60 hate crimes in Orange County.

The report states hate crimes against Latinos increased from 81 incidents in 2009 to 119 in 2010 while hate crimes against Jewish people decreased by 32 incidents, with 128 events reported in 2010, and hate crime against gays and the LGBT community also decreased by 13 incidents, according to the report.

Irvine criminal defense attorney Michael L. Guisti explains if you're being charged with a hate crime you'll face sentencing enhancements if you're convicted in addition to the crime you allegedly committed, and this is why if you're being accused of a hate crime you must contact a professional Orange County criminal lawyer.

Guisti explains under Penal Code 422.55 a hate crime is committed due to one or more of the following actual or perceived characteristics of the alleged victim such as, disability, gender, sexual orientation, nationality, race, religion and/or being associated with a certain group.

Irvine criminal defense attorney Guisti explains your actions generally cross the line from free speech to a perceived hate crime when the speech itself threatens violence against a specific individual or group protected under these laws, and you had the ability to carry out the threat. In a situation like this it's possible to be changed with an assault or criminal threat, in addition to the hate crime.

Guisti explains that you cannot be guilty of a hate crime if, for example, you committed a crime based only one that person's vulnerability rather than because of their race, creed, religion or sexual orientation. For example, if you committed battery on a random man and stole his wallet because the opportunity presented itself, but in the course of the investigation it turns out the man is gay, you cannot be charged with a hate crime against a gay person since you didn't commit a criminal act on this man due to his sexual orientation, according to Guisti.

Guisti says in many vandalism cases the vandals will do what they do and it may turn out the owner of the property or home is part of a group that is commonly targeted in hate crimes and so the district attorney considers bringing charges of hate crimes, even though the alleged vandals never had any intention of vandalizing the said victims property due to his race, religion, orientation and such things protected under hate crimes.

The punishments for hate crimes, according to Guisti, are complex and covered several Penal Code sections that can range from being a misdemeanor to felony and can include an additional year in county jail to life in prison.

If you're being accused of a hate crime it's very important to contact an expert Orange County defense attorney who can review the case and speak with the DA about not bringing these charges, because even if you allegedly committed a crime against somebody of a certain background that doesn't automatically make it a hate crime, according to Guisti.

If you're facing hate crime charges it's very important to contact the Orange County hate crime defense attorney at the Law Offices of Michael L. Guisti at 949-390-9898.

Redlands, San Bernardino County - A Redlands man is under arrest for allegedly kidnapping a four-year-girl from an apartment complex and allegedly performing sex acts on the child.

The victim was playing outside her apartment and when her father couldn't find her he begin a vigorous search and after 30-minutes found his daughter in the suspect's apartment where both the alleged victim and suspect were reportedly naked.

Terence Anthony Giberson, 52, of Redlands, who police suspect kidnapped and committed sex acts with the girl was placed under arrest and taken to West Valley Detention Center.

Orange County criminal defense attorney Michael L. Guisti explains these are very serious charges this suspect is facing, child molestation and kidnapping, and he should try to get a professional defense lawyer, because he may face many years in prison.

Guisti explains kidnapping occurs when a suspects moves another person a substantial distance without that person's consent by using force or fear.

Though the law states the victim must be move a "substantial distance," there have been many court cases where moving the victim just a few feet qualifies as kidnapping, and those cases mostly include when weapons were involved or the suspect moves the victim a few feet and inflicts injury, according to Guisti. It appears the victim wasn't moved that far, but allegedly had injury inflicted upon her, according to Guisti.

Orange County sex crimes attorney Guisti explains it's possible the suspect could face charges of lewd acts on a minor under 14 under Penal Code (PC) 288, which states that the child was touched or fondled on a sexual organ, or that some overt act of child molestation took place.

Guisti explains for this charge prosecutors must show that the suspect willfully touched any part of a child's body or that the suspect willfully caused a child to touch his/her own body, their body, or another person's body with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of suspect and/or the child.

Guisti goes on to say while PC 288 is actually a "wobbler," meaning it can be charged either as a felony or misdemeanor, Guisti says it's very likely the suspect will face felony charges as misdemeanor PC 288 is usually charged in connection with statutory rape.

Orange County attorney Guisti says if convicted the suspect faces several years in prison and will likely have to register as a sex offender for the rest of his life.

Depending what happens with the case it's possible the suspect could face other charges, according to Guisti.

If you or somebody you know are facing similar charges you must call the Orange County sex crime attorney specialists at the Law Office of Michael L. Guisti at 888-478-8999 so we can review your case and get you the best possible outcome.

Buena Park, Orange County - A woman was allegedly pushed out of a moving car on Monday in Buena Park near Knott's Berry Farm.

Police say a car driving about 15 mph pulled up to the intersection of Grand and Crescent Avenues, and that is where four men in the car allegedly pushed the women out.

The woman was treated for abrasions and a possible sprained ankle, according to police, and the suspects are still at large.

Fullerton criminal defense attorney Michael L. Guisti explains it's possible the suspects could face Penal Code (PC) 242 battery charges or the more serious charge of PC 243(d) aggravated battery. The main difference between the two charges is battery is willfully using force or violence against another while aggravated battery is willfully using force or violence against another causing serious bodily injury, according to Guisti.

Fullerton battery defense attorney Guisti explains aggravated battery can be charged as a felony and if convicted the suspects could face up to four years in prison.

Now what qualifies as a serious bodily injury usually depends on a case-by-case basis and it can either be up to the Orange County District Attorney or jury to decide if this woman's injuries were serious, according to Guisti, and it's possible this could be a domestic violence situation, which could invite more charges.

Guisti says if you're facing such charges that are on the "borderline" of being serious and very serious you need to contact a professional Orange County criminal defense attorney who can review your case and work with the courts to possibly reduce charges and convince the DA and judge the injuries in question don't constitute serious bodily injury.

If you're facing such charges of assault and battery you must contact the Fullerton criminal defense lawyers at the Law Office of Michael L. Guisti at 714-530-9690 you we can review your case and get you the best possible deal.

Irvine, Orange County - Irvine Police have arrested a man suspected of credit card theft after allegedly stealing credit cards from 13 Irvine offices and using them to by gift cards.

Police say the suspect, John Steven Gachupin, 47, allegedly took advantage of unattended purses and wallets left in Irvine offices while workers were reportedly away from their desks.

Irvine criminal defense attorney Michael L. Guisti explains Gachupin will likely be facing, at the least, burglary, robbery and theft charges.

Burglary, Guisti explains, is when you enter a structure, be it a house, store or office building, with the intent to commit a felony or petty theft once inside. Guisti goes on to say they're two degrees of burglary, first degree burglary is when you enter a residence, which is charged as a felony, and second degree burglary is basically commercial burglary and can be charged either as a misdemeanor or felony.

Irvine theft crime defense attorney Guisti says if this suspect happened to work at all 13 Irvine offices and acted on impulse once inside the building rather than planning to allegedly steal the credit cards then he shouldn't be charged with burglary since he entered the building with no intent to commit a crime.

The charge of robbery is basically the physical act of stealing, according to Guisti. One of the elements for the charge of robbery to stick is "immediate presence," which is an area where the victim would logically exercise reasonable control over the item, according to Guisti. Where "immediate presence" begins and ends is quite blurry, according to Guisti, and that is why this suspect or his family should strongly consider hiring a professional Orange County criminal defense lawyer.

Irvine theft crimes defense attorney Guisti explains the theft charges against Gachupin may depend either how much the credit cards were worth and/or how much he spent using those credit cards. Guisti explains they're several ways the Orange County District Attorney could charge Gachupin, either a single theft charge for all 13 credit cards he allegedly stolen, or one single theft charge.

Guisti says if Gachupin charged more than $950 to the credit cards he can be charged with grand theft, or if the cards were charged less than $950 Gachupin will face petty theft charges.

If Gachupin is facing 13 single counts of grand theft, or 13 counts of petty theft, or a combination of both, he could be facing serious jail time, according to Guisti.

Guisti explains if you're ever in a situation like this you need to consult with a profession Orange County theft crimes attorney right away who can work out a deal to get the 13 charges reduced to one single charge.

If you're facing theft crime charges call the Irvine theft crime defense attorney specialists at the Irvine Law Office of Michael L. Guisti right now at 949-390-9898 so we can review your case and help keep you out of jail.

Santa Ana, Orange County - From the Santa Ana courthouse on Wednesday a mistrial was declared in the assault and kidnapping trial of a Garden Grove woman linked to a white-supremacist gang after the jury was deadlocked.

Ruthie Christine Marshall, 42, was arrested as part of "Operation Stormfront," a multiagency crackdown of Orange County white-supremacy organizations.

Marshall along with three other defendants allegedly kidnapped and assaulted a man in 2010 as revenge after he allegedly borrowed Marshall's car without her permission

The Orange County District Attorney has announced they will retry the case.

Santa Ana criminal defense attorney Michael L. Guisti explains kidnapping occurs when a suspects moves another person a substantial distance without that person's consent by using force or fear.

Though the law states the victim must be move a "substantial distance," there have been many court cases where moving the victim just a few feet qualifies as kidnapping, and those cases mostly include when weapons were involved or the suspect moves the victim a few feet and inflicts injury, according to Guisti.

Santa Ana criminal defense lawyer Guisti explains with "simple kidnapping" you could be sentenced up to eight years in prison while "aggravated kidnapping" could send you to prison for life.

If you or somebody you know are facing kidnapping charges you must call the Santa Ana Law Offices of Michael L. Guisti right now at 714-530-9690, because this is a felony charge that could sentence you to prison for a long time.

Los Angeles - In the last week a major break came in the brutal Dodger Stadium beating case when two suspects from the Inland Empire were arrested for allegedly attacking Brain Stow on opening day. Just as two new suspects were arrested the Los Angeles Police Department exonerated Giovanni Ramirez, who was the original suspect in the beating.

Louis Sanchez, 29, and Marvin Norwood, 30, both of Rialto, are facing charges of mayhem, assault by means likely to produce great bodily injury and battery with serious bodily injury, which are all felonies.

Irvine criminal defense attorney Michael L. Guisti explains these are very serious charges these suspects are facing that, if convicted, could land them in prison for many years. Guisti goes on to say in most cases a professional defense attorney can usually work out a deal with the district attorney that reduces and even sometimes eliminates any prison time, but since this is a very high-profile case it's likely any favorable deals would be on the table.

As for the crimes themselves Guisti explains mayhem under Penal Code (PC) 203 focuses on the nature of the victim's injury, rather than what type of force was used to commit the injury. More to the point, according to Guisti, PC 203 says, "every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless," and being put in a coma as Stow was would qualify as mayhem.

Irvine criminal defense lawyer Guisti explains that assault by means likely to produce great bodily injury under PC 245(a)(1) is assault with a deadly weapon, which means you assaulted somebody with a deadly weapon, and that weapon doesn't have to be something like a knife or gun (which would bring on the more serious charge of assault with a firearm) as it can be any "everyday" object that was used as a weapon.

Guisti points out that simple assault under PC 240 doesn't have to involve any physical contact, only that you had the ability to do so, and is a misdemeanor.

Battery with serious injury is under PC 243(d) is when you willfully use force upon another to cause serious bodily injury, according to Guisti.

Irvine attorney Guisti says if you're being accused of any these crimes you must contact a professional Southern California attorney right away. As the high-profile arrest of Giovanni Ramirez shows, just because you're being accused of the crime doesn't automatically make you guilty, according to Guisti.

If you're facing assault, battery and/or mayhem charges call the Irvine Law Offices of Michael L. Guisti right now at 949-390-9898 so we can review your case and keep you out of jail.