Orange County Criminal Lawyer Blog

Fullerton, Orange County - This past Halloween weekend law enforcement was very aggressive with dozens of DUI checkpoints in Orange County and throughout Southern California.

It certainly is possibly that on Halloween night there could be a few DUI checkpoints in Orange, Los Angeles, Riverside and San Bernardino Counties.

[If you know of any DUI checkpoints in Orange, Los Angeles, San Bernardino, Riverside or San Diego Counties on Halloween night please let us know on our Facebook page.]

If you happen to see a DUI checkpoint ahead do you have the legal right to turnaround?

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

Now if you have been arrested for DUI, whether at a DUI checkpoint or a routine pullover, understand you have several defense options, says Guisti.

It's also very important to understand that if you've been arrested for drunk driving you have only ten days to contact the Irvine DMV for a drivers license hearing, and when you hire a Southern California DUI lawyer they'll set up the hearing and delay suspension hearings so they can prepare a stellar DMV case for you, says Guisti.

Two things DUI attorneys look at in DUI cases is if you were lawfully pulled-over, because police cannot simply stop you based on a "gut-feeling," but rather must have a compelling reason, and the second thing DUI defense lawyers look at is if the DUI test were accurate and within regulation, says Guisti.

To the second point, Guisti says, DUI tests are notoriously flawed, but under Title 17 the way the tests are administered and blood tests are handled must follow very strict guidelines, and if police even slightly break the rules or it's found the test couldn't provide an accurate reading as outlined in Title 17 then your case is dismissed.

If you or somebody you know are facing a DUI charge call the drunk driving defense experts 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.

Buena Park, Orange County - A man was arrested early Thursday for alleged DUI in Buena Park after he apparently lost control of his pickup truck and drove it into a swimming pool.

Police say the suspect dropped his iPhone, leaned over to grab it, bumped his knee with the steering wheel and lost control of the truck, which went through a brick wall and into a swimming pool.

The driver wasn't hurt and police conducted a DUI test.

Santa Ana criminal attorney Michael L. Guisti explains that since nobody else was hurt the suspect won't be charged with any other crime other than DUI.

Now had the pickup truck hit the house and injured somebody the suspect could have faced a more serious charge of DUI with injury, or if somebody was killed he could have faced vehicular manslaughter charges, according to Guisti.

There is always the question of whether or not the driver really was DUI at the time of the accident, says Guisti.

An experienced DUI defense attorney will cross-examine the police officer as to whether he first asked the driver if he had physical impairments that would make it difficult to perform the tests, especially after being in an accident, says Guisti. The defense attorney, Guisti goes on to say, needs to point out to the jury that many of them would have similar difficulties performing these same tests, even under the most optimal circumstances.

Being arrested for DUI doesn't automatically make you guilty of DUI and if you've been involved in an accident it may be difficult to properly perform a DUI test, which could easily result in a false DUI test result, says Guisti.

If you've been arrested for drunk driving you need to call the Orange County DUI attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

Fullerton, Orange County - At least three woman have come forward accusing an anesthesiologist at Placentia-Linda Hospital of sexual battery while undergoing surgery, according to authorities.

Yashwant B. Giri is accused of sexual battery on three females, a 16-year-old, 28-year-old and 36-year-old, who were under his care, according to detectives.

Employees at the hospital reported witnessed Giri abusing two of the victims, according to a police statement.

Fullerton criminal attorney Michael L. Guisti says sexual battery under Penal Code 243.4 is essentially when a person unlawfully touches a "private part" another person against their will for sexual arousal.

Sexual battery is a "wobbler," which means it can be charged either as a felony or misdemeanor.

Now it's the elements of the crime that make the difference on whether it's charged as a a misdemeanor or felony, and basically it amounts to how you committed the crime and whether or not you "touched" the bare skin of the "private parts," according to Guisti.

In most misdemeanor sexual battery cases the touch is generally over the clothes and the person wasn't restrained in any way, according to Guisti.

Now in felony sexual battery cases the touch either has to be skin-to-skin contact and/or the person had to be somehow restrained, institutionalized and medically incapacitated, according to Guisti.

Now if the suspect in this case was seen allegedly "touching" the victims skin-to-skin then it's a felony, but if the suspect allegedly touched the victims over their clothes, but were under medical care then it's best for Giri to contact an Orange County criminal defense attorney who could argue the merits of the victims being institutionalized and medically incapacitated, which could bring the charges to a misdemeanor, says Guisti.

If convicted of misdemeanor sexual battery the suspect could face several months in Orange County jail and must register as a sex offender, and if convicted of felony sexual battery the suspect faces between two to four years in prison, thousands of dollars in fines and must register as a sex offender, according to Guisti.

If you've been accused of sexual battery it's very important to contact our experienced Orange County sex crimes attorney at the Law Offices of Michael L. Guisti at 888-478-8999.

We'll hear your side of the story and work to get you the best possible outcome so you can go on with your life.

Irvine, Orange County - The Law Offices of Michael L. Guisti have a brand new Facebook page that we invite you to "like."

Our new Facebook page will allow for better communication and questions to be answered at a much faster rate. As well our page will feature various legal questions and answers.

If you were once a client of ours or we did business always feel free to leave any kind of feedback on our Facebook page.

If you have any question about law or concerns always feel free to post it or contact us on our Facebook page.

Santa Ana, Orange County - Two men have been arrested for robbery after allegedly posing as police and pulling a motorist over and robbing the victim of his wallet, cell phone and jewelry Sunday morning, according to Santa Ana Police.

Police detectives say the suspects pulled behind the victim's car, flashed a red light, at which point the suspect pulled over and the suspects posing as police officers ordered the man to the curb, took the items and fled in their car.

The suspects were later arrested by police.

Santa Ana criminal attorney Michael L. Guisti says robbery is always a serious charge, because it's always charged as a felony.

People often use robbery and burglary interchangeably, but those are two different crimes, according to Guisti.

For the crime of robbery it must be shown to the judge and jury that the suspects took property that didn't belong to them from the owner's personal possession or immediate presence against that person's will using some kind of force or threat, and the suspects intended to deprive the owner of their property permanently or for an extended period of time that deprives the owner any value or enjoyment of the property, according to Guisti.

If convicted the suspects could face several years in prison, says Guisti.

If you've been accused of robbery you need to call the Orange County robbery attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

As you've read this is a very serious charge, which is why you need a professional Orange County criminal defense lawyer by your side, because our legal team will work to get you the best possible outcome so you can go on with your life.

Fullerton, Orange County - DUI checkpoints in Orange County and throughout Southern California have been far, few and in-between in the past couple of weeks

Based on information gathered from law enforcement agencies there appears to be no DUI checkpoints planned for this weekend.

Orange County DUI attorney Michael L. Guisti explains that it's likely Orange County and Southern California law enforcement are probably preparing for massive DUI checkpoints towards Halloween weekend.

[If you know of any other DUI checkpoints in Orange, Los Angeles, San Bernardino, Riverside or San Diego Counties please let us know on our Facebook page.]

If you happen to see a DUI checkpoint ahead do you have the legal right to turnaround?

Guisti explains if you see a DUI checkpoint ahead you do have the legal right to turn around and not go through it, however, when you turnaround 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 driving drunk, 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 intimidating 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 with orange cones to ensure you go through their DUI checkpoint, according to Guisti.

Also 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.

Irvine, Orange County - Since last month the "Occupy Wall Street" movement has spread around the country and this past weekend at least 1,000 protesters marched on Irvine City Hall with many setting up camp in front of the building.

Irvine officials have said no overnight sleeping will be allowed and those that disobey the order will be arrested.

Irvine criminal attorney Michael L. Guisti explains most people arrested for protesting will generally face infraction charges, or at most misdemeanor trespassing charges.

Depending where these arrests occur it's certainly possible the city attorney or district attorney may not press charges since there could be dozens of such cases and basically it's not worth the court's time, according to Guisti.

Now if you have some kind of criminal record it's certainly possible the DA may be a little more interested in pursuing charges, says Guisti.

Now should charges be filed it's important to retain an attorney, because even though this may seem insignificant you have to understand this is something that will go on your criminal record, says Guisti.

Depending on the outcome of this once some time passes you could have this expunged, according to Guisti.

If you or somebody you know has been arrested in a protest it's very important to contact our Orange County criminal attorneys at the Law Offices of Michael L. Guisti so we can ensure your rights weren't violated and you have a fair hearing in court.

If you've been arrested at any of the Occupy protests or any other protests call our Orange County protest rights lawyer specialists at 888-478-8999.

Newport Beach, Orange County - An Irvine dance teacher is expected to be arraigned Tuesday on charges of sexually assaulting a 15-year-old girl at an Irvine school.

Brandon Christopher Marriott, 21, of Westminster, is charged with three felony counts of sexual assault, according to the Orange County District Attorney.

The alleged sexual assault occurred in the parking lot of a movie theater, according to the DA.

Newport Beach criminal attorney Michael L. Guisti points outs the crime of sexual assault under Penal Code 243.4 is when a person unlawfully touches another person for the purpose of sexual arousal, sexual gratification, or sexual abuse.

This crime is a "wobbler," which means it can be charged either as a misdemeanor or felony and one of the main differences on how it's charge is if the suspect allegedly touched the person outside on their clothes or touched the bare skin, according to Guisti.

If you touched a person outside of their clothing, even in the area of their "private parts," it's charged as a misdemeanor, says Guisti.

If convicted of misdemeanor sexual battery each charge carries up to six months in Orange County jail, while each felony charge carries up to four years in state prison.

The biggest issue if convicted of this crime regardless if it was a felony or misdemeanor, says Guisti, is having to register as a lifetime sex offender.

If you're being accused of sexual assault you must call the Orange County sexual assault attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

Our legal experts will work to get you the best possible outcome so you can go on with your life.

Santa Ana, Orange County - Former Angels' second baseman Adam Kennedy pleaded guilty last week to misdemeanor DUI after driving with a blood alcohol level above .08.

Kennedy, who currently plays for the Seattle Mariners, was sentenced Wednesday in Santa Ana to two days in jail and three years of probation and ordered to pay $390 in fines and to enroll in a three-month, first-offender alcohol program.

Santa Ana criminal attorney Michael L. Guisti explains for first time DUI arrests the courts will generally look at your criminal record and age, and basically if you've had a clean criminal record and your DUI test was in the lower-range most of the time courts will issue minimum penalties, if convicted.

Now, Guisti says, if you believe the DUI test result was wrong they're several ways to challenge the test.

It's important to understand, Guisti says, that DUI tests are notoriously flawed and barely get a passing grade by the National Highway Administration.

The DUI breathalyzer test can be affected by radio equipment, cars passing by and even the salty ocean air can affect test results by up to .03, and this means you could've have really blown an .06 rather than an .09, according to Guisti.

If you've been arrested for DUI it's very important to contact the DMV right away, because you only have ten days from your arrest to set up a hearing, and many times a professional DUI attorney will do this for you and attend the hearing, says Guisti.

If you're facing DUI charges, whether it's your first DUI charge or third DUI charge you must call the Orange County DUI attorney experts at the Law Offices of Michael L. Guisti right at 888-478-8999.

As evidence has shown, just because you're arrested for DUI doesn't automatically mean you were at 0.08 or more at the time you were driving.

Call us now and we'll get you the best possible outcome so you and your family can go back on with you life.

Seal Beach, Orange County - The suspect in the Seal Beach salon massacre was charged Friday with eight counts of murder and one count of attempted murder by the Orange County District Attorney.

Last Wednesday afternoon suspect Scott Dekraai of Huntington Beach allegedly went on a shooting rampage, which authorities attribute to a bitter custody dispute between Dekraai and his ex-wife, Michelle Marie Fournier, 48, who was one of the victims.

People who know Dekraai claim the shooting could have also been the result of post traumatic stress disorder after Dekraai witnessed his shipmate killed in a boating accident in 2007. That accident also left Dekraai injured to the point where he had to go on disability.

The Seal Beach salon shooting is the deadliest mass-shooting in Orange County history.

Irvine criminal attorney Michael L. Guisti says given the circumstances and high-profile nature of this case the suspect's best option may be to use the insanity defense.

To be found not guilty by reason of insanity Dekraai's criminal defense lawyers are going to have to prove either, Dekraai didn't understand the nature of his actions, or the suspect couldn't distinguish between right and wrong at the time of the crime, according to Guisti,

Guisti stresses that being found not guilty by reason of insanity is not a "get out of jail free card," rather the judge will sentence the defendant to a state medical facility until the defendant is found sane by a judge. When a defendant is found sane by a judge could take many years, and in many cases the defendant spends the rest of life at the medical facility, according to Guisti.

Prior to the Seal Beach incident the deadliest mass-shooting in Orange County history was in 1976 at Cal State Fullerton when custodian Edward Charles Allaway opened fire at the university's library killing seven people and injuring two people.

Guisti says in that case Allaway was found not guilty by reason of insanity and was ordered to Patton State Hospital in San Bernardino.

In 2003 a judge deny freeing Allaway claiming he still posed as a danger to society.

If you or somebody you know are facing murder charges, or any kind of criminal charges, it's very important to contact our Orange County murder attorney specialists at the Law Offices of Michael L. Guisti at 714-530-9690 so we can get you the best outcome and you can go on with your life.

Huntington Beach, Orange County - A Huntington Beach man is under arrest for DUI with Injury after allegedly causing a crash on Beach Boulevard early Tuesday morning that left five people injured.

The DUI suspect was traveling on Beach Blvd. when the suspect broadsided a SUV knocking it on its side, according to Huntington Beach Police.

Huntington Beach criminal attorney Michael L. Guisti explains since the suspect was allegedly driving under the influence and injured other people prosecutors will likely charge that person with "DUI with injury," which is a "wobbler," meaning it may be prosecuted as either a misdemeanor or as a felony.

One of the major deciding factors in whether or not to charge DUI with Injury as a felony is if the victim suffered great bodily injury, according to Guisti.

Guisti explains that in order to convict the prosecutor must prove three facts, the first, driving while under the influence of alcohol and/or drugs; the second, while driving, breaking a law (in addition to driving under the influence) or acting in an otherwise negligent manner while driving; and third, that unlawful act or negligence injured another person.

If convicted of felony DUI with Injury the suspect faces two-to-four years in prison with an additional and consecutive three-to-six-year prison sentence if any victim suffers great bodily injury, or an additional and consecutive one-year sentence for each additional person that suffers any injury, up to three years maximum, and a "strike" on your record pursuant to California's Three Strike's Law if anyone other than yourself suffers great bodily injury, according to Guisti.

If you or somebody you know have been arrested for DUI you must call the Huntington Beach DUI attorney experts at the Law Office of Michael L. Guisti right away at 714-530-9690.

Just because you were arrested for DUI doesn't automatically mean you're guilty of DUI.

Irvine, Orange County - The Federal government announced this week they're cracking down on both medical marijuana and commercial marijuana operations in California, which includes one Los Angeles commercial operation that was shipping marijuana to New York.

On Thursday federal prosecutors threatened to shut down medical marijuana dispensaries throughout California, warning landlords to stop sales within 45 days or face their property being seized and be charged with a federal crime. Federal prosecutors allege some medical marijuana operations in the state are operating as a commercial store-front model, which prosecutors say is illegal.

The news of this ramped up enforcement is bit of a surprise for advocates and store owners as the Obama Administration announced in 2009 that federal prosecutors would not target people or businesses using and dealing medical marijuana in states that allow it.

Irvine criminal attorney Michael L. Guisti says first off commercial selling of marijuana is illegal in California, and the federal prosecutors will have the burden of proof to show that various medical marijuana operations were just a cover for a commercial operation.

Guisti says federal law basically trumps state law, which is why the feds are allowed to crackdown on legal medical marijuana operations.

Also, Guisti goes on to say, since this is a federal crackdown those arrested and charged will face their charges in federal court, which have very different rules and procedures from county courts.

For one thing, how you're charged with a federal crime is based on a point system, Guisti says, and once the "points" are "added up" a federal district judge imposes a mandatory minimum and/or maximum sentence based on the final "point value" given to your case.

The point base value is based on the seriousness of the alleged crime, and then points are added or subtracted depending on the circumstances such as the age of the victim, the amount of money involved, if any weapons were used, your criminal history, along with your social and economic stability, Guisti explains.

It's going to be an interesting couple months and it will be interesting how local Orange County police react to this crackdown on medical marijuana, Guisti says. Even with all this going on if you legally possess marijuana you shouldn't have any problems with Orange County law enforcement since local law enforcement represents the state, and the state recognizes, until amended, that medical marijuana is legal, according to Guisti.

If you or your marijuana collective are facing criminal charges call our expert Orange County marijuana attorneys at the Law Offices of Michael L. Guisti at 714-530-9690. Our legal experts have over a decade of experience successfully defending our clients not just in Orange County court, but federal court.

Westminster, Orange County - If you cause a DUI related accident in Westminster it might cost you more as last week the Westminster City Council approved increase penalties for drunk drivers who cause accidents.

Westminster is proposing charging drivers of alleged DUI related accidents the cost of police and fire personnel having to arrive on scene, cost of equipment on scene, the cost of repairing or replacing equipment damaged at the scene, medical assistance, cost of investigations including conducting field sobriety tests and costs related to time spent transporting and booking the suspect, conducting chemical tests and writing reports.

Westminster criminal attorney Michael L. Guisti says with such potential large fines looming over your head it's very important to contact a DUI attorney who can really determine if you were really DUI at the time of your arrest.

DUI arrests aren't always as clear-cut as it may seem as 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.

The electric devices used can experience interference from passing cars, cell phones and even the salty ocean air can affect DUI test results, says Guisti.

Guisti also 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've been arrested for DUI in Westminster or anywhere contact the Orange County DUI attorney specialists at the Law Offices of Michael L. Guisti at 714-530-9690 and we'll see if you really were DUI, and we'll work to get your life back on track.