Orange County Criminal Lawyer Blog

Santa Ana, Orange County - A La Habra woman was sentenced in Santa Ana on Wednesday to three years, four months in prison for embezzling $284,000 from the La Habra Fence Co. over more than five years, according to the Orange County District Attorney's Office.

Veronica Martinez, 55, who worked as an office manager for the fence company, was also ordered to pay more than $290,000 in restitution and a $568,000 fine.

Martinez had access to company cash and all financial bookkeeping records.

Santa Ana criminal attorney Michael L. Guisti explains that the crime of embezzlement used to be a crime in and of itself, but it's now covered under California's theft laws.

Given the amount embezzled from the office this was obviously charged as grand theft, says Guisti.

The suspect also plead guilty to 51 felony counts of forgery, and, according to Guisti, forgery is when you defraud a person or business out of, money, interest in property and/or other legal rights.

In some situations multiple forgery counts can be charged either as a single charge or multiple charges, says Guisti, and if you're facing such charges this is why it's important to contact a professional attorney who can work to reduce these charges.

For the prosecution to prove you committed forgery they must show that you knowingly altered and/or created a written document and you did it with the intent to defraud the person or business, according to Guisti.

It is very important to note that all that matters for the Orange County District Attorney is that you had the INTENT to commit forgery, regardless if you didn't carry out the act or even paid the person/business back, says Guisti.

Forgery can be charged either as a misdemeanor or felony, and that mostly depends on the values of goods and the extent of the crime, along with your criminal history, says Guisti.

Embezzlement and forgery are charges that can send you to prison and ruin your reputation, which is why it is very important to contact the Orange County white collar crime attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

We have over a decade of successfully winning cases for our clients accused of white collar crimes, because our goal is to win your case and protect your reputation.

Westminster, Orange County - An off-duty Los Angeles County Sheriff's deputy plead not guilty Tuesday to DUI causing injury and driving with a blood-alcohol level of .08 percent or more causing injury.

The suspect, Richard J. Patterson, 38, of West Covina, was driving his motorcycle with his wife on the back when he rear-ended another vehicle on the 405 in Fountain Valley, and had a reported .15-percent blood alcohol level.

Westminster criminal attorney Michael L. Guisti explains they're several charges the deputy is facing, but perhaps the most important is California Vehicle Code (CVC) 23153(a), DUI with Injury.

In court the prosecutor must prove three facts, the first, you drove while under the influence of alcohol (or drugs), the second, while driving, you broke a law, in addition to driving under the influence, or acted in an otherwise negligent manner while driving, and third, that your unlawful act or negligence injured another person, according to Guisti.

Most importantly, stresses Guisti, the Orange County prosecutor must prove that you drove with a BAC of 0.08% or greater to be convicted of CVC 23153(a).

In a lot of these kinds of cases another car or some other thing outside your control causes you to hit another car and since you may be drinking police automatically assume it's your fault without considering all the facts, says Guisti.

Bottom line, says Guisti, they're many variables that can cause an accident that have nothing at all to do with your BAC .

If the incident wasn't the result of an unlawful act or negligence on your part then charges for DUI causing injury should be dropped or you should be found not guilty, says Guisti.

Now there is also the matter of proving you you were DUI at the time you were driving, because even though you may have been over the legal limit at the time of your arrest the alcohol could have still been absorbing through your system, says Guisti, which means you could have been driving with a BAC within the legal limit.

Also, 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, according to Guisti.

If you're facing such charges it's very important to contact the Orange County DUI attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

We have over a decade of successfully getting our client's DUI charges dismissed, reduced or altogether found not guilty, so please, call us now.

Anaheim, Orange County - Anaheim Police are looking for two men wanted for burglary in connection with an ATM heist at a Wienerschnitzel last week.

The two suspects broke into the fast food restaurant past 2 a.m. breaking open and going through the drive-thru window and once inside that is when the suspects allegedly used a pallet jack to take the ATM, which contained thousands of dollars, according to Anaheim Police.

During the burglary the suspects apparently tried to cover the surveillance cameras with napkins, but one of the napkins fell off and the security camera was able to fully capture one of the suspect's faces as he attempted to put the napkin back on, and the suspects left behind the pallet jack, according to detectives.

Fullerton criminal attorney Michael L. Guisti explains that the crime of burglary is when you plan to commit a theft crime before entering a home or business. In a lot of shoplifting cases it's not always clear if the intent to commit a burglary was there as many shoplifters commit the act on impulse once inside the store, but in this case it's appears the suspects allegedly broke into a business, which would invite the burglary charge, says Guisti.

The next charge the suspects will face for likely be grand theft charges, says Guisti, since police claim there was thousands of dollars in the ATM.

The line between petty theft and grand theft is $950 and grand theft invites more serious charges, says Guisti.

In burglary cases what your intent was makes all the difference in whether or not you'll face burglary charges, and the way the district attorney typical views these cases is your intent is generally made clear if you're caught with a crow bar, screwdriver and other items associated as being burglary tools, in which case you can also be charged with misdemeanor "burglary tools," says Guisti

Residential burglary is typically first-degree-burglary and is always charged as a felony while most commercial burglary is considered second-degree-burglary and can be charged either as a felony or misdemeanor, according to Guisti.

These are serious charges that can result in many years in a state prison, and this is why it's very important to contact the Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Even though law enforcement may say what you're doing is clear-cut understand it's not clear-cut and you have many burglary defense options, and some of which can include having charges reduced or dismissed.

Our track record shows we have successfully defended our clients against charges of burglary in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

We're here to win your case for you.

Irvine, Orange County - A girl was reportedly taken from The Shops at Mission Viejo "kicking and screaming" last Sunday, according to the Orange County Sheriff's Department.

The incident reportedly happened around 4 p.m. when the sheriffs' received a call of a girl screaming she wants her parents after allegedly being taken by an unknown man and woman, according to authorities.

Irvine criminal attorney Michael L. Guisti says they're still a lot of unknown questions to this incident, such as if the man and woman who allegedly took the girl knew the girl, or even if this was an arranged pick up the girl wasn't happy with.

Now let's assume this is the worse, says Guisti, the man and woman involved could easily face kidnapping and/or false imprisonment charges.

As a side note, Guisti says, kidnapping and false imprisonment charges are very common in domestic violence situations and it's certainly possible this incident in Mission Viejo could've been apart of a larger domestic violence situation.

Many people understandably think kidnapping and false imprisonment are the same thing, but they're very different charges, says Guisti.

Kidnapping is defined by Penal Code (PC) 207 as the use of force or fear to take a person and move that person a "substantial distance," while false imprisonment under PC 236 is the unlawful detaining of a person on the street, or forcing a person to move from one place to another, says Guisti.

Basically, if you unlawfully restrict somebody's personal freedom and movement for any amount of time, no matter how long or little, you can potentially be charged with false imprisonment, according to Guisti.

The main difference between the two crimes is the distance one is moved, says Guisti, and if you unlawfully move a person a significant distance it's generally charged as a kidnapping.

Typically to warrant kidnapping charges the move has to be significant, however the suspect could still be charged with kidnapping if the suspect moved the victim a slight distant and that slight movement increased the risk of harm, gave the suspect a better opportunity to commit additional crimes, or decreased the likelihood of being caught, according to Guisti.

A reason many suspects are charged with both kidnapping and false imprisonment charges is, for example, when a suspect moved somebody a significant distance once at the location the suspect restricted the person's personal movement and freedom, says Guisti.

If it's a case where a suspect kidnaps somebody, drives a significant distant and drops the person off and takes off, then false imprisonment charges shouldn't be filed, according to Guisti.

Where the line is drawn on what constitutes kidnapping and false imprisonment is not always very clear, which is why if you're facing such charges it's very important to contact the Orange County domestic violence attorney experts at the Law Offices of Michael L. Guisti right now at 888-478-8999.

Our Orange County criminal defense law firm has over a decade of experience successfully defending our clients against charges of kidnapping and false imprisonment in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

From the moment you first meet with us we prepare a successful defense to get your charges dismissed, reduced or even found not guilty, because our goal is to win for you, and we never, ever settle for anything less.

Santa Ana, Orange County - Orange County's biggest political donor, Louis J. Cella Jr., died this month.

Before being convicted of embezzlement charges Cella was a major political donor in Orange County politics and in 1974 he made $550,000 in political donations, the largest donation of any individual in California.

In 1976 Cella was convicted of 22 federal counts related to embezzling at least $600,000 in Medi-Cal funds through two Orange County hospitals that he had an ownership stake in.

Santa Ana criminal attorney Michael L. Guisti explains Medi-Cal fraud, as it was then in the 1970s, is taken very seriously today and with added urgency as in 1999 then Governor Gray Davis created The Governor's Medi-Cal Fraud Task Force, which is comprised of ten law enforcement agencies that include the Federal Bureau of Investigation (FBI) and the U.S. Attorney's Office.

Most Medi-Cal fraud cases deal with doctors, business owners and companies making alleged unauthorized payments, covered under California Welfare and Institutions Code (WIC) 14017, such as double billing, billing for unnecessary medical procedures and other costs deemed unnecessary, says Guisti.

However, says Guisti, it's very important to understand Medi-Cal fraud isn't limited to doctors and hospital owners as they're several cases where patients are charged with this crime for allegedly providing false information to obtain benefits, which is covered under WIC 14014.

This is a complicated charge, Guisti says, because in addition to violating the codes above they're several other possible charges you can face in connection with this crime including, insurance fraud under Penal Code (PC) 550, theft charges under PC 484, and depending on the alleged amount embezzled you could face possible petty theft or grand theft charges.

Guisti points out that embezzlement is no longer a crime in and of itself in California, but is now covered under theft laws.

Depending on the circumstances of your Medi-Cal fraud case it's certainly possible this could be charged as a federal crime, meaning it will be tried at a federal courthouse, which means it's a slightly different set of rules and punishment, says Guisti.

What can bring on federal charges could be the way the alleged Medi-Cal fraud was conducted, like if wire fraud was involved, and if it involved any funds crossing state lines, says Guisti.

On the state level Medi-Cal fraud is a "wobbler," which means it can be charged either as a felony or misdemeanor, and it can possibly result in you losing your license, says Guisti.

If you're being accused of Medi-Cal fraud it's very important to contact the Orange County Medi-Cal fraud attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Our record proudly shows we have over a decade of successfully winning cases for our clients accused of Medi-Cal fraud and other white collar crimes in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

From the moment we first meet our clients we begin to work on a defense that gets our client the best outcome possible, because our expert attorneys won't ever settle for anything less.

Huntington Beach, Orange County - With Thanksgiving week ahead many people are making preparations for dinners and parities for the holiday weekend, and local police departments are making their own preparations to crackdown on drunk drivers.

Law enforcement agencies in Orange County and throughout Southern California are planning for various DUI checkpoints and DUI saturated patrols during the long holiday weekend in hopes of catching those driving drunk.

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

Now driving back home from the holiday festivities if you happen to see a DUI checkpoint ahead do you have the legal right to turnaround and refuse to go through a DUI checkpoint?

Huntington Beach criminal attorney Michael L. Guisti explains if you see a DUI checkpoint ahead you do have the legal right to turnaround 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.

As long as you turned around legally and didn't break any traffic laws there should be no reason you should be pulled over, says Guisti.

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

First off it's very important to understand that if you've been arrested for alleged 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.

Another very important point, 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 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.

Irvine, Orange County - The "Occupy" protests in Orange County, Los Angeles and around the nation have heated up in recent days with police evicting overnight "Occupy" campers at parks and other city property, which has resulted in melees between protesters and police.

At one point at least 1,000 protesters marched on Irvine City Hall with many setting up camp in front of the building, which prompted Irvine officials to say no overnight sleeping will be allowed and those that disobey the order will be arrested.

Los Angeles officials have expressed plans to evict the "Occupy" protesters who've been camping out in front of L.A. City Hall.

These evictions prompted a massive "Occupy" protest in the streets of downtown L.A. on Thursday that resulted in dozens of people being arrested.

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

In most cases police will arrest a protester who fails to leave a protest scene after police declare an unlawful assembly, at which point the protester is usually taken to the command post or police station, cited and released on their own recognizance, says Guisti.

There have been various media reports claiming the LAPD will not release "Occupy" protesters on their own recognizance, but will be taken to jail and have to make bail, says Guisti.

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.

It's very important to note "Occupy" protesters arrested could be charged for, in addition to unlawful assembly, vandalism, disorderly conduct, drunk in public, criminal threat, inciting a riot, disturbing the peace, resisting arrest, assault, battery and possibly assault to a police officer, according to Guisti.

In situations like a massive protest and melee it's not that unusual for police add on such charges described above, says Guisti.

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

Furthermore, Guisti goes on to say, some of the more serious charges described above can be charged as a felony and could lead to possible prison time and major fine, which is all the more reason you need to retain a lawyer.

If you or somebody you know, like your son or daughter, have been arrested in an "Occupy" protest, or any 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.

Santa Ana, Orange County - A Santa Ana man was arrested on sex crime charges this week after prosecutors alleged he sexually assaulted two girls, 9 and 12, whom prosecutors say he met through church after befriending their families.

The suspect, David Elifar Verduzco, 32, of Santa Ana, is being charged with the felony counts of Penal Code (PC) 289 sexual penetration with a child 10 years or younger and PC 288 lewd acts with a child.

Santa Ana criminal attorney Michael L. Guisti says when faced with charges like this it's very important to hire a professional sex crimes attorney, because your attorney can prepare a stellar defense for you, or work out a plea deal and reduce charges.

When it comes to children and alleged sex crimes a lot of emotions get involved that tend to guide the district attorney and prosecutor's decisions more than facts, which is why it's very important to retain an attorney right away, says Guisti.

It sounds very horrible to say given the charges, says Guisti, but to ensure justice for all a defense lawyer will investigate the children making the claims, because there have been a lot of cases where children have falsely made such serious allegations.

Such serious allegations can quickly ruin a person's reputation before there is any trial, which is all the more reason to contact a defense lawyer, says Guisti.

When you're facing a very serious charge like this, says Guisti, it's important to think of your lawyer as your public relations person who will make sure your side of the story is fairly heard.

If convicted of this crime the Santa Ana man faces up to 60 years in prison.

If you're facing such serious charges it's very important to contact our Orange County sex crimes attorney experts right away at the Law Offices of Michael L. Guisti at 888-478-8999.

Our track record proves when our clients are facing extremely serious sex crime charges in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego we get our client's cases dismissed, found not guilty, or given a very good plea deal all so they can go back on with their lives.

A sex crime charge is not a charge to fool around with, so please, give us a call.

Laguna Niguel, Orange County - A custody dispute in Laguna Niguel between a man and woman ended with the man being arrested and charged with assault, battery, assault with a deadly weapon, child abuse and child endangerment, according to the Orange County Sheriffs'.

It is believed during the dispute the man had a knife, according to authorities.

Irvine criminal attorney Michael L. Guisti says they're a lot of major domestic violence issues here with very serious charges and the first thing the suspect needs to do is contact a professional Orange County domestic violence defense attorney who can work with the district attorney to reduce or dismiss these charges, or possibly work out a plea deal.

This could be a case where law enforcement is overcharging the suspect, which isn't all that unusual in case domestic violence cases, says Guisti.

Now assault and battery are two different charges, where assault is you didn't make physical contact with another person however you had the present ability to commit a violent injury on another person, and battery is when you actually make physical contact with somebody, say Guisti.

It's very important to note that battery charges can be brought up if you just tap somebody as long as it was done in a harmful matter, according to Guisti.

In domestic violence situations just putting your hand on the other person even if it wasn't done in a harmful matter can warrant battery charges, says Guisti.

Assault with a deadly weapon, commonly known as ADW, is assault upon another person with a deadly weapon or instrument, other than a firearm, or by any means of force likely to produce great bodily injury, says Guisti.

In this case it appears the knife would sustain a charge of ADW, Guisti says.

Under Penal Code (PC) 273d child abuse is the corporal injury or punishment on a child, and while they're other crimes concerning sexual abuse and emotional abuse of children PC 273d deals specifically deals with the physical abuse of a child, according to Guisti.

Since the suspect is being charged with this somebody told sheriff investigators a child was harmed by the suspect, says Guisti.

The crime of child endangerment is separate from child abuse and it's when a suspect inflicts unjustifiable physical pain or mental suffering on a child, or allow the child's health to suffer injury, or causes or allows the child to be in a situation where his/her body or health may be endangered, according to Guisti.

A domestic violence defense attorney will work to reduce charges and even question whether such charges actually happened, because in many domestic violence situations stories are often embellished, according to Guisti.

When you have a "he said, she said" situation it becomes difficult to prove and in this case there is only the report of what one person claimed to have happened, says Guisti.

Each of these charges are "wobblers," meaning they could be charged either as a misdemeanor or felony, and if convicted the suspect could face many years in jail or state prison and have limited contact with his children, says Guisti.

If you're facing such charges it's important to contact our Orange County domestic violence attorney experts right away at the Law Offices of Michael L. Guisti at 888-478-8999.

We have over a decade of experience and successfully winning even the toughest domestic violence cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego, so please give us a call so you can get back on with your life.

Fullerton, Orange County- Fullerton authorities are looking for a man accused of a sexual battery crime near Fullerton College last month.

Police say the suspect, who is believed to be a Fullerton College student, reached under the victim's skirt and forcefully grabbed her buttocks and genital area.

Fullerton criminal attorney Michael L. Guisti says the crime of sexual battery is when a person unlawfully touches another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and under Penal Code 243.4 this crime is a "wobbler," which means it can be charged either as a misdemeanor or felony.

How is crime was committed will make all the difference in whether this suspect is charged with a felony or misdemeanor, according to Guisti.

In most misdemeanor cases usually the "touch" occurs over the victim's clothing and in many of these cases it's made to appear "accidental," where as in most felony cases the "touch" is usually over the victim's bare body, says Guisti.

In this incident near Fullerton College the suspect will likely face felony sexual battery charges since he allegedly made an attempt to "touch" the victim's bare skin, according to Guisti.

If you or anybody you know are ever facing these charges, Guisti says, it's very important to contact a professional attorney who can work out a defense for you, because, even though it may not seem so, you do have defense options.

If convicted of felony sexual battery the suspect could face between two to four years in a state prison, up to a $10,000 fine, probation and having to register as a sex offender for life.

If you're facing sexual battery charges contact the Orange County sex crimes attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

We'll work on a winning defense for you, and our record shows we have over a decade of successfully winning cases for our clients.

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

[If you know of any upcoming DUI checkpoints in Orange, Los Angeles, San Bernardino, Riverside or San Diego Counties this week 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?
Huntington Beach 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.

If you've been arrested at a DUI checkpoint in Orange, Los Angeles, Riverside and San Bernardino Counties understand you have rights and 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, concrete 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.

Irvine, Orange County - A suspect was arrested Thursday afternoon after allegedly robbing a phone store in Irvine.

Police say the suspect entered the T-Mobile store at the Irvine Marketplace threatening he had a weapon and took an unknown number of items.

Police spotted the suspect car a short time later on the freeway and followed it for a short time before pulling over the car and arresting the suspect on robbery charges.

Irvine criminal attorney Michael L. Guisti explains that many people understandably think that robbery, shoplifting and burglary are one of the same charges, but they're vastly different charges with very different punishments if convicted.

The crime of robbery, Guisti explains, is taking property that didn't belong to you from that owner's personal possession or immediate presence against that person's will using some kind of force or threat.

In this case claiming you had a weapon and taking items from a store would meet those requirements, says Guisti.

The difference between robbery and the crime of shoplifting is shoplifting you're not taking the possessions of another using force or fear, and had this suspect in Irvine gone into the T-Mobile store and stuffed items onto his person and walked out the door he would've face only shoplifting charges and not the more serious robbery charge, according to Guisti.

What does matter to both a robbery and shoplifting suspect are the value of the items allegedly taken, because if the value of the items are under $950 a shoplifting or robbery suspect will face addition charges of petty theft, and if the value was $950 or more the suspect will face an additional charge of grand theft, according to Guisti.

Now burglary charges, Guisti goes on to say, is basically when you planned to commit a theft crime or felony before entering the store, so it's very likely the Irvine robbery suspect will face this charge of burglary.

A lot of times shoplifting suspects well be charged with burglary, because many times police will seemingly ask a passing question like, "did it cross your mind to do this before going into the store?," and many times a suspect will say "yes," which is then enough to suffice a burglary charge, says Guisti.

If you entered a store and shoplifted on impulsed, because maybe the opportunity presented itself, then you cannot be guilty of burglary, because you thought to commit a theft crime once inside the store, according to Guisti.

If you're facing charges of robbery, burglary or shoplifting you must contact our Orange County theft crimes attorney experts right away at 888-478-8999.

Irvine, Orange County - Within the past week there has been a growing child sexual abuse scandal at Penn State where authorities allege Jerry Sandusky, the former coach and defensive coordinator of the school's famed football team, sexually abused eight boys over a 15-year period.

This alleged crime has forced many officials at Penn State to resign, including legendary head coach Joe Paterno and Penn State President Graham Spanier is reportedly set to resign, according to media reports.

Irvine criminal attorney Michael L. Guisti explains child sexual abuse charges are always taken very seriously, but the big problem for defendants is emotions more than facts tend to guide prosecutors and the general public, which is why it's very important to have a professional Orange County sex crimes defense attorney on your side if you're ever accused of this crime.

One thing a defense lawyer does for you, says Guisti, is making sure the court of law and court of public opinion fairly hears your side of the story amid emotionally charged allegations such as sexual molestation of children.

Now this is occurring in Pennsylvania, but had this occurred here in California they're several charges, depending on the details of the case, Sandusky could face, including, Penal Code (PC) 288 felony lewd acts with a minor, PC 269 aggravated sexual assault of a child, PC 286(c) sodomy with a child, PC 288.5 continuous sexual abuse of a child, PC 289(j) sexual penetration with a person under 14, PC 261.5(d) statutory rape with a minor under 16, according to Guisti.

In many cases like this the district attorney tends to overcharge cases, and having retained a professional sexual abuse defense lawyer your attorney will work to reduce and dismiss these charges, and most importantly, says Guisti, a professional sex crimes defense lawyer will make sure evidence and other information proving your innocence is entered into trial and not conveniently left out.

Guisti does say that even though this may seem hopeless it's so important to understand you do have defense options, which, Guisti says, has lead to many of his clients being found not guilty of these serious charges.

Here in California if you're convicted of sex crimes with a minor it's usually a felony with many years in a state prison and you must register as a sex offender for life, says Guisti.

If you're facing child sexual abuse charges it's very important to contact our Orange County sex crimes attorney experts right away at 888-478-8999 at the Law Offices of Michael L. Guisti.

This is an extraordinarily serious charge that you can't waste time on hiring a lawyer for, so call us now and our expert attorneys will see to it your side of the story is heard and that you can go back on with your life.

Santa Ana, Orange County - Santa Ana Police arrested a parolee accused of kidnapping his ex-girlfriend from a Santa Ana apartment and taking her to a home in Riverside County, where she was found unharmed.

Police received a call Monday evening from the victim's mother saying her daughter had been kidnapped and calls to her daughter were met with screams in the background.

Detectives later arrested Bobby August Jr. of felony kidnapping, felony false imprisonment and for having a parole warrant.

Santa Ana criminal attorney Michael L. Guisti says these are no doubt very serious charges and actually common in domestic violence cases, but one question often asked is, what's the difference between kidnapping and false imprisonment?

Kidnapping is defined by Penal Code (PC) 207 as the use of force or fear to take a person and move that person a "substantial distance," while false imprisonment under PC 236 is the unlawful detaining of a person on the street, or forcing a person to move from one place to another, says Guisti.

Basically, if you restrict somebody's personal freedom and movement you can potentially be charged with false imprisonment, according to Guisti.

The main difference between the two crimes is the distance one is moved, says Guisti, and if you unlawfully move a person a significant distance it's generally charged as a kidnapping.

Typically to warrant kidnapping charges the move has to be significant, however the suspect could still be charged with kidnapping if the suspect moved the victim a slight distant and that slight movement increased the risk of harm, gave the suspect a better opportunity to commit additional crimes, or decreased the likelihood of being caught, according to Guisti.

The reason the suspect in this case is being charged with kidnapping and false imprisonment is the suspect allegedly used force and fear to move the victim a substantial distance from Santa Ana to Riverside County, and once in Riverside County the suspect allegedly restricted the movement of the victim, says Guisti.

If you're facing such serious charges it's highly important to contact our Orange County kidnapping attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Now that you know a little about these laws it's time to call us and find out what your defense options are.

Don't waste time, call us right now.

Irvine, Orange County - Doctor Conrad Murray was found guilty of involuntary manslaughter in the death of Michael Jackson and since the announcement of the verdict there has been some curiously as to what is involuntary manslaughter.

Irvine criminal attorney Michael L. Guisti explains under Penal Code 192(b) involuntary manslaughter is an unlawful killing that takes place during an unlawful act that isn't a felony, and/or a lawful act that involves a high risk of death that is committed without caution.

Involuntary manslaughter is always charged as a felony.

In the case of Murray within the professional medical community he gave an unusually large amount of propofol to Jackson outside a hospital setting, however with Murray being a doctor it was a lawful to give Jackson the drug, but Murray should've known that giving so much propofol to a patient involves a high risk of death, according to Guisti.

The Los Angeles District Attorney based its involuntary manslaughter case, and successfully proved to the jury, that Murray being a professional licensed medical doctor should've known providing his client, Michael Jackson, with a large dose of propofol beyond what is recommended involved a high risk of death, says Guisti.

Further helping the prosecution's case were many doctors and medical experts who told the jury that they never heard of propofol being administered outside a hospital setting nor have they ever heard of so much propofol being given to any patient, says Guisti.

Murray administered the drug to Jackson at Jackson's home in Los Angeles.

Fans of Jackson have wondered why Murray wasn't charged with murder.

The difference between involuntary manslaughter and murder is involuntary manslaughter is basically an accident, despite knowing or reasonable knowing your actions involved a high risk of death, and you didn't mean nor intend to kill the person, says Guisti.

Murder, Guisti goes on to say, is the unlawful killing of with malice aforethought and basically you planned and wanted to kill the person.

Murray didn't mean or intend to kill Jackson when he administrated the propofol to the pop star, and the LAPD's and DA's investigation shows Murray never had any intention on planning on killing Jackson, say Guisti, and so that's why he was charged with involuntary manslaughter.

If you're facing manslaughter charges you must call the Orange County murder attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999 so we can prepare a winning case for you.

Los Angeles - Doctor Conrad Murray was found guilty of involuntary manslaughter in the death of Michael Jackson on Monday.

Murray was ordered into custody until his sentencing hearing on November 29.

Irvine criminal attorney Michael L. Guisti explains that Murray could face a maximum of four years in state prison, but it's unlikely he'll serve such a period of time.

In determining Murray's sentencing, Guisti goes on to say, the judge is going to have to consider the extent of the crime itself, and in this case it was administering a major drug that should only be used in a professional medical setting since it could be fatal. Furthermore the judge is going to have to consider Murray's criminal record, which Murray lacks, according to Guisti.

If a prison sentence is imposed you have to remember California has a prison overcrowding problem that the Supreme Court had to get involved with, and prison officials will realistically come to the conclusion that Murray isn't a threat to the community and he'll probably just be in prison for a very short time, if at all, says Guisti.

The big issue for Murray following Monday's "guilty" verdict will be his medical license being revoked, says Guisti.

It's also possible Michael Jackson's family will sue Murray in civil court, says Guisti.

If you have a professional license, says Guisti, even misdemeanor cases against you could cause your license to be revoked, which is why it's very important to have a professional defense attorney by your side if you're being accused of a crime.

The crime of involuntary manslaughter is when a person commits an unlawful act that isn't a felony, like giving hospital drugs to a patient in a outside of a hospital, that causes a person to die, says Guisti.

If you're facing involuntary manslaughter charges call the Orange County manslaughter attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

Huntington Beach, Orange County - Huntington Beach is the latest Orange County city to consider an ordinance banning registered sex offenders from their city parks, which, if approved, violators could be charged with a misdemeanor and a $1,000 fine or jail time, if convicted.

Huntington Beach has 184 registered sex offenders, 94 of those are registered with the California Megan's Law Website and another 90 are not required to publicly disclose their status but have registered with the police department, according to a city report.

Orange, Tustin and Fullerton have already have some type of ordinance banning sex offenders from their park while other cities, like Costa Mesa, Westminster, and Mission Viejo, are considering such a rule

Huntington Beach criminal attorney Michael L. Guisti explains that city is going to need to define the level of sex offenders who are to be banned from city parks, because if the city approves a law banning all sex offenders that could easily include somebody who was caught urinating or a couple who were caught in public doing a little more than making out.

They're even some proposals in Orange County that would prevent sex offenders who are parents from taking their children to the park, according to Guisti.

To avoid problems like this it may be best for a registered sex offender to seek and expungement and to get off the registered sex offender list, say Guisti.

With cities here in Orange County and across the country looking to ban sex offenders from parks and other public places the feeling among the legal community is at some point the question of the rights of sex offenders will probably make it to the U.S. Supreme Court, says Guisti.

If you're facing a sex crime charge or need an expungement call the Orange County sex crime attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

With over of a decade of experience our law firm has successfully won cases for our clients accused of sex crimes.

Garden Grove, Orange County - A Garden Grove police officer was run over with a car during a traffic stop on Wednesday morning and authorities are searching for the suspect who is now wanted for attempted murder.

The suspect was pulled over for not wearing a seat-belt and, according to police, the suspect, 28-year-old Marcos Gonzalez, was acting nervous, so the police officer asked him to step out of the car.

Gonzalez stepped out of the car, but for no apparent reason he got back into the car, started it up and put the car in reverse knocking the police officer down with the car door, and then running over him, according to police.

The officer is in moderate condition at a local hospital.

Westminster criminal attorney Michael L. Guisti explains that attempted murder is a very serious charge that could send the suspect to prison for the rest of his life.

The Orange County prosecution must prove two things in this case, that the suspect took at least one direct step towards killing another person, and that he intended to kill that person, according to Guisti.

For prosecutors it's usually easy to prove the first step of directly killing somebody, but, Guisti says, proving the second element is always a bit tricky, because in many attempted murder cases perhaps the suspect was looking to only injury the person.

Basically, Guisti says, if you didn't intend to kill the person then there is no attempted murder case.

In this case the prosecution is going to need to prove the suspect intended to kill the Garden Grove police officer, says Guisti.

While allegedly running over a police officer would seem like attempted murder, an experienced Orange County criminal defense attorney could show the judge the intent of the suspect was to only assault the officer, which, while still a very serious charge, is a lessor serious charge.

If you or somebody you know is being accused of attempted murder you must contact our Orange County homicide attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Claiming you performed attempted murder and proving you actually did perform attempted murder are two very different things, which is why you must contact our professional lawyers right away.

Laguna Beach, Orange County - A 46 year old law student was arrested last weekend on two felony counts of domestic violence and assault with a deadly weapon, two misdemeanor counts of cruelty to animals and violation of a restraining order.

Irvine criminal attorney Michael L. Guisti explains they're a lot of issues at hand here one of which is assault with a deadly weapon, commonly known as ADW.

Guisti explains under Penal Code (PC) 245(a)(1) ADW is, "Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury."

For the Orange County District Attorney to decide whether or not to file ADW charges their office will look at, the type of weapon or object used to commit the alleged ADW, if the person you allegedly assaulted sustained any injury and if so the severity of the injury, and the DA will also consider the victim, if it was your spouse, boy/girlfriend, etc, according to Guisti.

ADW is a "wobbler," which means it could be charged either as a misdemeanor of felony.

As to violating the restraining order, Guisti goes on to say, this is very serious and as to the punishment it depends on the type of restraining order, if it was an emergency protective order or Domestic Violence Protective Order (DVRO).

It's important to note that if you have a DVRO against you federal law prevents you from owning firearms, says Guisti.

If you have a DVRO or emergency protective order against you a professional Southern California domestic violence attorney can help remove it and have the court hear your side of the story, say Guisti.

When it comes to restraining orders, Guisti stresses, it's always very important to obey them until the court says otherwise, because you could create major problems if you disobey the order.

If you've been arrested for domestic violence contact our Orange County domestic violence attorney specialists at the Law Offices of Michael L. Guisti at 888-478-8999 and we'll work on your behalf to get you the best possible outcome so you can go on with your life.