Orange County Criminal Lawyer Blog

Newport Beach, Orange County - New Years Eve weekend is here and that means for local law enforcement plenty of DUI checkpoints.

Here is a list of Southern California DUI checkpoints for Friday, December 30.

DUI Checkpoints in Orange County:

Anaheim at Ball Road and East Street from 7 p.m until 3 a.m.

Westminster Police will have DUI checkpoint in their city at an undisclosed time and location.

Buena Park at Beach Blvd. and 10th street, just south of I-5, from 8 p.m. until 3 a.m.

In Laguna Niguel the Orange County Sheriffs' will have a DUI Checkpoint in an undisclosed location from 6:30 p.m. until 2:30 a.m.

DUI Checkpoints in Los Angeles County:

The Los Angeles Police Department will perform two DUI checkpoints:

In Downtown L.A. at Figueroa and 9th from 8 p.m. until 2 a.m.

In Arleta, in The Valley, at Van Nuys Blvd at Haddon, near Laurel Canyon, from 8 p.m. until 2 a.m.

In Azusa a DUI checkpoint is planned for Friday evening at an undisclosed location and time.

In Redondo Beach their police department will also have a DUI checkpoint at an undisclosed location and time.

The South Bay cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Manhattan Beach, Palos Verdes Estates, Redondo Beach and Torrance will have saturation patrols throughout the night.

DUI Checkpoints in San Bernardino County:

Fontana will have a DUI checkpoint at an undisclosed location from 6:30 p.m. 2 a.m.

Do You Know of Any DUI Checkpoints?

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

What If I See a DUI Checkpoint Up Ahead, Can I Turnaround?

"What if I see a DUI checkpoint ahead, can I legally turnaround and refuse to go through a DUI checkpoint without being pulled over?"

The answer, explains Newport Beach criminal attorney Michael L. Guisti, if you see a DUI checkpoint ahead, yes, you do have the legal right to turnaround and not go through it, BUT, when you turnaround just make sure you're not breaking any traffic laws.

So many times, Guisti says, somebody approaching a DUI checkpoint will make a sudden U-turn crossing over the double yellow lines, which gives police the right to pull you over, and if you're not drunk driving you'll likely face a traffic ticket.

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, and if you were pulled-over consider contacting a professional attorney right away.

If you've been arrested for DUI you must contact the award-winning Southern California DUI attorney experts right away at the Law Offices of Michael L. Guisti.

Our DUI attorneys have over a decade of winning even the most difficult DUI cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to WIN your DUI case.

Laguna Beach, Orange County - A Laguna Beach woman has been indicted on federal wire fraud charges after allegedly defrauding an investor of $2 million.

The suspect, Hui Wang, agreed to be a financial broker for an investor in Oregon, and per terms of the agreement Wang ask the investor to send her $2 million to show potential venture capital lenders the victim's company was solvent, according to federal court documents.

Wang, according to court documents, reportedly took the money for herself and bought homes in Huntington Beach and around Orange County.

Wire fraud is a very serious charge and anytime you're facing any federal criminal charge you need to understand the federal government already has a "leg-up" on you, explains Santa Ana federal crimes attorney Michael L. Guisti.

Wire fraud is a federal crime under 18 U.S.C. § 1343, which is, "a scheme to deprive of property through use of an interstate telephone calls or electronic communication including the internet, wire transfers, and even the use of television and radio."

The $2 million in question was wired from Oregon to Orange County, according to the court report.

It's very important to understand, stresses Guisti, that wire fraud charges could be brought on even if you used simple communication devices like text messaging to allegedly commit wire fraud.

If you should be facing wire fraud charges it's very important to understand, says Guisti, that it doesn't matter if the alleged scheme actually succeeded in defrauding anyone, or that the use of interstate wire communications facilities was intended as the specific or exclusive means of accomplishing the alleged fraud, which is why you need a Southern California federal crimes attorney.

Another reason you need to retain a lawyer right away, explains Guisti, the federal government won't bother with small cases, but you've been arrested for wire fraud that means the federal government, and agencies like the FBI, has spent time and money investigating you, and they believe they'll convict you, otherwise they wouldn't waste their time, explains Guisti.

Being charged with wire fraud or any federal crime is an extraordinarily serious charge with the odds already stacked against you, and federal courts are very different from county courts, which is why you need to contact the Orange County federal crimes attorney experts at the Law Offices of Michael L. Guisti.

For over a decade our federal attorneys have successfully defended our clients in the federal courts of Santa Ana, Los Angeles, Riverside and San Diego.

For your own piece of mind call us now at 888-478-8999.

Costa Mesa, Orange County - A Santa Ana woman was arrested for shoplifting last week at the South Coast Plaza in Costa Mesa.

The suspect tells police she lost her job earlier this year and just wanted to provide her children with a nice Christmas.

During the holidays shoplifting and other theft crimes shoot way up, and, according to Costa Mesa criminal attorney Michael L. Guisti, with problems with the economy studies show shoplifting crimes are much more higher than this year than in previous years.

What the value this suspect allegedly shoplifted is what will make the difference on whether or not this person will be charged with petty theft or grand theft, says Guisti.

If the value was under $950 the suspect will be charged with petty theft, and if the value was over $950 she'll be charged with grand theft, explains Guisti.

It's very important to understand, says Guisti, it doesn't matter if she allegedly shoplifted a ton of items that could fill the back of her car, only that the value is below or above $950.

To that point, says Guisti, if she allegedly shoplifted a single $1,300 dress she'll be charged with grand theft, or if she allegedly stole hundreds of items, but the value only comes to $500 she can only be charged with petty theft.

Another very important point is what you say to police, because if you happened to tell them you thought about shoplifting before entering the store you can be charged with burglary, says Guisti.

The crime of burglary is when you plan to commit a felony or shoplifting before entering a store or other building, and simply saying to police you thought about shoplifting before entering the store is enough to invite this charge, explains Guisti.

Many times if you unknowingly admitted to police you planned to shoplift before entering the store a professional attorney can get rid of that charge, says Guisti.

Petty theft is a misdemeanor and grand theft could be charged as a misdemeanor or felony.

Shoplifting can create many problems, including immigration issues, but the expert Orange County shoplifting attorneys at the Law Offices of Michael L. Guisti can and will work to reduce this charge and help you get back on with your life.

Our Orange County theft crimes lawyer has over a decade of experience winning even the most shoplifting and burglary cases in Orange County and throughout Southern California.

Don't let a shoplifting charge ruin your holidays, call us now at 888-478-8999.

Anaheim, Orange County - An Anaheim man is under arrest for murder following a domestic violence situation on Christmas, according to Anaheim Police.

Police responded to a call of "loud yelling" around 9:30 a.m. on Sunday, Christmas morning, and discovered the victim was having medical problems and called for paramedics, and the victim was later pronounced dead due to injuries as a result of her husband's domestic violence, according to police investigators.

Police believe this is not the first time the victim has been involved in a physical domestic violence situation with her husband.

Holidays are a very stressful time for the families and regrettably this time of year, in what should be a very joyful time for families, there is a major rise in domestic violence, says Santa Ana criminal attorney Michael L. Guisti.

Now unfortunately the case here in Anaheim is an extreme case that sounds like problems have been ongoing for awhile, but in many domestic violence situations this time of year sometimes the pressure of the holiday can cause some people you wouldn't expect to snap, and suddenly a whole new problem begins, explains Guisti.

It's very important to understand if you were arrested for domestic violence it's very possible they're several different domestic violence charges you could face, such as corporal injury on a spouse, criminal threats, assault, battery and even having to deal with a restraining order, says Guisti

What can be most devastating of all is having to face jail or even prison time.

Domestic violence is taken very seriously by the courts and it's always important to have an attorney who can not only work to reduce charges, but work to get you and your family much needed help to help heal and move on from this incident and build better family bonds, explains Guisti.

A very important point, perhaps if you and your significant other have "made up," and the victim doesn't wish to press charges, the courts in domestic violence situations are very persistent in pushing ahead with charges regardless, and that is why you need to retain an attorney, says Guisti.

Many domestic violence cases aren't as cut-and-dry as they may seem and each incident has two sides to the story, and the Orange County domestic violence attorney experts at the Law Offices of Michael L. Guisti will see to it your side of the story is fairly heard.

Our law office has over a decade of experience dealing with even the most difficult of domestic violence cases in the courts of Southern California.

Our goal is to always win our cases for our clients, which is why you need to call us right now at 888-478-8999 so we can help you get back on with your life.

Fullerton, Orange County - Ba humbug! It seems on the start of this holiday weekend just about everywhere there is a DUI checkpoint in Orange County and throughout Southern California.

Orange County DUI Checkpoints planned for Friday, December 23:

Santa Ana along McFadden between Raitt and Fairview from 7:30 p.m. until 3 a.m.

Buena Park at an undisclosed location and time, and this is apparently a multi-agency DUI checkpoint operation.

Anaheim, Tustin, Irvine and Laguna Beach will have DUI saturation patrols.

Los Angeles County DUI Checkpoints:

The Los Angeles Police Department will be conducting at least three DUI checkpoints.

The first in Studio City at Ventura Blvd at Big Oak, between Colfax and Tujunga, from 8 p.m. until 2 a.m., the second in Hollywood at Santa Monica Blvd at Bronson from 8 p.m. until 2 a.m., and the third in South L.A. at Western and Slauson from 7 p.m. until 1 a.m.

Even Beverly Hills will have their own DUI checkpoint at La Cienega at Gregory Way from 9 p.m. until 3 a.m.

Lynwood will have a DUI checkpoint at an undisclosed location from 7 p.m until 3 a.m.

The South Bay cities of, El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Manhattan Beach, Palos Verdes Estates, Redondo and Torrance will have DUI saturation patrols until 2 a.m.

Riverside County DUI Checkpoints:

In the city of Riverside the CHP will conduct a DUI checkpoint at undisclosed time and location.

The Riverside Sheriff's Department will have a DUI checkpoint in Palm Desert at an undisclosed location from 9 p.m until 3 a.m.

Several agencies are expected to be involved in a Hemet DUI checkpoint in an undisclosed location and time.

San Bernardino County DUI Checkpoints:

Chino Hills will have a DUI checkpoint at an undisclosed location from 9 p.m. 3 a.m.

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

What If I See a DUI Checkpoint Up Ahead, Can I Turnaround?

The number one question asked to Fullerton criminal attorney Michael L. Guisti is, "what if I see a DUI checkpoint ahead, can I legally turnaround and refuse to go through a DUI checkpoint without being pulled over?"

The answer, explains Guisti, if you see a DUI checkpoint ahead, yes, you do have the legal right to turnaround and not go through it, BUT, when you turnaround just make sure you're not breaking any traffic laws.

So many times, Guisti says, somebody approaching a DUI checkpoint will make a sudden U-turn crossing over the double yellow lines, which gives police the right to pull you over, and if you're not drunk driving you'll likely face a traffic ticket.

Even if you didn't violate any traffic laws 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.

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, and if you were pulled-over consider contacting a professional attorney right away.

What If You're Arrested for DUI?

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, and it's not as cut-and-dry as it may seem.

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, police cannot simply stop you based on a "gut-feeling," but rather must have a compelling reason and if there was no compelling reason then your case should be dismissed, 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 had trouble at DUI checkpoints you must call our Orange County DUI attorney experts at the Law Offices 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.

The Law Offices of Michael L. Guisti have over a decade of experience winning cases for our clients accused of DUI in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to win your DUI case for you, and we'll settle for nothing less, so please call us now.

Laguna Hills, Orange County - A Laguna Hills school bus driver has been arrested on child molestation charges, according to the Orange County Sheriff's Department.

Sheriff's investigators say the suspect, Shane Norman Crawford, 37, is accused of three counts of lewd and lascivious acts with a minor under 14 years old at his apartment.

Crawford, who reportedly drives buses for several schools in Orange County, brought the victims to his home after gaining the trust of the victim's parents, according to investigators.

Anytime there is a sex crime involving children the it's always very important for the defendant to obtain a professional attorney right away, says Irvine criminal attorney Michael L. Guisti, because in a lot of cases involving children prosecutors tend to let their emotions guide them rather than facts.

Just as well, an attorney will work to protect your reputation, explains Guisti.

It's important to note the victims were under the age of 14, and as such it's treated as a more serious charge and always charged as a felony, and if the victim was over 14 it could be a "wobbler," meaning it can be charged either as a misdemeanor or felony.

In these sort of sex crime cases a good defense will look at the creditably of the victims, and while it may seem wrong to question the children, explains Guisti, you have to remember there have been many cases where children have made up such allegations.

If convicted the suspect could face up to eight years in state prison for each count and have to register as a sex offender for life, explains Guisti.

The charge of child molestation and lewd acts with a child are very serious and can have life altering consequences, and if you or somebody you know are facing such charges you must call the Orange County sex crimes attorney at the Law Offices of Michael L. Guisti right now at 888-478-8999.

Even though this is a very serious charge understand you have defense options, and our expert criminal attorneys have over a decade of experience winning even the most difficult cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to win your case.

Newport Beach, Orange County - A DUI checkpoint is set for Newport Beach on Thursday at Dover Drive and 16th Street, according to the Newport Beach Police Department.

While most DUI checkpoints are conducted on Friday evenings and the weekend as we get closer to the big holiday weekend it's not unusual for police departments to have DUI checkpoints during week, says Newport Beach criminal attorney Michael L. Guisti.

With these major holidays coming up police departments are really stepping up DUI enforcement and several more DUI checkpoints will be planned for Christmas weekend and New Years', explains Guisti.

Just this past weekend there were several DUI checkpoints in Orange County.

The question always asked is, "if I see a DUI checkpoint can I refuse to go through it?"

As Guisti explained in this previous post, yes, you can refuse to go through DUI checkpoint, however they're a few things you must be aware of, which is explained here.

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

Being arrested for DUI can put no doubt put a real damper on the holidays for you and your family, which is why if you or a loved one have been arrested for DUI don't let it ruin your holiday season, call the expert Orange County DUI attorneys right away at the Law Offices of Michael L. Guisti at 888-478-8999.

Our expert DUI attorneys have over a decade of successfully winning DUI cases for our clients, and we'll see to it you and your family have a nice holiday season without any legal worries.

So call us now.

Westminster, Orange County - An apparent domestic violence situation in Westminster turned deadly Monday night when a boyfriend allegedly stabbed his girlfriend to death.

Westminster Police responded to a domestic violence call of a man attacking a woman and upon arrival officers were informed the suspect had been stabbing his girlfriend.

Once police arrived to where the girlfriend was located she was profusely bleeding and soon declared dead, according to Westminster detectives.

Westminster criminal attorney Michael L. Guisti explains regardless of the situation the charge of murder is always serious, however domestic violence charges can complicate the situation.

You must remember they're two sides to every story and things aren't always so clear in these cases, and a defense in this situation could possibly be maybe the apparently victim was coming after him in a very harmful matter and this was a method for the suspect to defend himself, explains Guisti.

A professional domestic violence defense attorney knows there is always a good chance there were more issues at hand than what may appear, and, as Guisti goes on to say, we think of woman as always being the victims of this crime, but they're many men who are victims of domestic violence.

They've been many stories where an abused woman "loses it" and harms or kills her boyfriend or husband, and perhaps that was the case here for the boyfriend, says Guisti.

Domestic violence is a very serious charge and if you're facing domestic violence charges you need to call the Orange County domestic violence attorney experts right away at the Law Offices of Michael L. Guisti at 888-478-8999.

Our expert attorneys have well over a decade of successful experience winning even the most serious domestic violence cases in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Anaheim, Orange County - A man is wanted in connection with a felony hit and run in Anaheim that sent one woman to the hospital Monday morning.

The suspect was driving a Chevrolet Cavalier when he turned left into the path of a Honda Civic, which was traveling south on Euclid Street, and pushed the Civic off the street, according to Anaheim Police.

The driver off the Chevrolet reportedly exited his car, fled the scene on foot and is still at large, according to police.

The main difference between felony hit-and-run and misdemeanor hit-and-run, explains Fullerton criminal attorney Michael L. Guisti, is felony hit-and-run is when you leave the scene of an auto accident after injuring somebody, and misdemeanor hit-and-run is when you leave the scene after damaging somebody's car or property.

If you or somebody you know are facing possible felony hit-and-run charges the prosecutor must prove three things, that you were "involved" with the accident, you had "knowledge" about the accident and either knew, or reasonably should have known, about the injury and/or death that resulted from the accident, and you "willfully" failed to perform at least one of your required duties, explains Guisti.

A couple common defense tactics, explains Guisti, for those involved in felony hit-and-run is simply you weren't the driver of the car, even if it was your car. The district attorney and prosecutor must prove beyond a reasonable doubt you, the suspect, were the one behind the wheel at the time of the hit-and-run, according to Guisti.

Another defense tactic, and what could possibly have been the case in Anaheim, is the suspect may have left the scene for fear of his own safety. Guisti explains in many injury accidents, especially in close-kit neighborhoods, sometimes a group forms threatening to harm or injure the person, and at which point the hit-and-run suspect leaves for his own safely.

Other times if an injury accident occurs on a freeway the driver may not have any safe place to pullover and has to find a safe place off the freeway, explains Guisti.

Depending on the injuries the person suffered this charge could actually get knocked down to a misdemeanor.

If convicted of causing injury to another and leaving the scene you could face up to $3,000 in fines, possibly up to three years in prison and two points on your driving record.

If the hit-and-run resulted in serious injury or death you could face up to four years in state prison.

Felony hit-and-run is a very serious charge that could send you to prison, cost you a lot of money and raise your insurance, which is why you need to call the Orange County hit-and-run attorney experts at the Law Offices of Michael L. Guisti right now at 888-478-8999.

As Mr. Guisti explained there could be legitimate reasons why you left the scene of an accident.

Whatever the case may be contact us right now, because our goal is to win your case for you, and we settle for nothing less.

Orange County - Heads up, SEVERAL DUI checkpoints and DUI saturation patrols are planned for several cities throughout Orange County this weekend.

DUI checkpoints and saturation patrols planned for Friday December 16.

In Irvine from 8 p.m. until 3 a.m. a DUI checkpoint is planned for Jamboree and Birch Street, and Irvine Police will also have DUI saturation patrols throughout the city.

Lake Forest from 6 p.m. until 2 a.m. the Orange County Sheriff's Department (OCSD) will be conducting a DUI checkpoint at an undisclosed location.

La Habra from 8 p.m. until 3 a.m. the OCSD plans a DUI checkpoint at an undisclosed location.

At U.C. Irvine from 7 p.m. until 3 a.m. U.C. Irvine Police along with the OCSD will have saturation patrols in and around the campus.

Westminster Police are planning for "all night" DUI saturation patrols all over Westminster.

Saturday, December 17 DUI checkpoints and DUI saturation patrols.

The OCSD reports that Anaheim, Brea, Garden Grove and Los Alamitos will have "all night" DUI saturation patrols in their cities.

Anaheim will have a DUI checkpoint from 7 p.m. until 3 a.m. at 1800 W. Ball Road between Brookhurst and Euclid.

Placentia will have a DUI checkpoint at an undisclosed location from 8 p.m. until 3 a.m.

La Habra will have a DUI checkpoint from 8 p.m. until 3 a.m. at an undisclosed location.

Brea will have a DUI checkpoint from 7 p.m. until 3 a.m. at Imperial Highway and Valley View.

Garden Grove Police will have a DUI checkpoint at an undisclosed location from 7 p.m. until 3 a.m.

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

Can I Turnaround If I See a DUI Checkpoint Up Ahead?

The number one question asked to Santa Ana criminal attorney Michael L. Guisti is, "what if I see a DUI checkpoint ahead, can I legally turnaround and refuse to go through a DUI checkpoint without being pulled over?"

The answer, explains Guisti, if you see a DUI checkpoint ahead, yes, 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.

So many times, Guisti says, somebody approaching a DUI checkpoint will make a sudden U-turn crossing over the double yellow lines, which gives police the right to pull you over, and if you're not drunk driving you'll likely face a traffic ticket.

Even if you didn't violate any traffic laws 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.

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, and if you were pulled-over consider contacting a professional attorney right away.

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, and it's not as cut-and-dry as it may seem.

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.

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.

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 had trouble at DUI checkpoints you must call our Orange County DUI attorney experts at the Law Offices 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.

The Law Offices of Michael L. Guisti have over a decade of experience winning cases for our clients accused of DUI in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to win your DUI case for you, and we'll settle for nothing less, so please call us now.

San Bernardino - A former San Bernardino County Sheriff's deputy was ordered to stand trial Wednesday on six felony counts that he had sex with an underage female who was in the sheriff's department's Explorer program.

Ex-deputy Nathan Gastineau is accused of having sex with the former female Explorer scout at least six times at his Redlands apartment before her 16th birthday, according to the San Bernardino District Attorney.

The DA's report claims the ex-deputy and female had sex at least one time out in the field in his patrol car.

The reason it's important to note sexual action took place before the female's 16th birthday is, explains Newport Beach criminal attorney Michael L. Guisti, under California law any person over the age of 21, as was the ex-deputy, who participates in an act of oral copulation with a minor under 16 years of age charged with a felony.

Interestingly enough, Guisti goes on to say, penetration between a person 21 years or order and a person under 16-years-old can be charged either as a felony or misdemeanor, unlike oral copulation with a minor, which is a felony.

Statutory rape charges are taken very seriously by the courts of Southern California and most prosecutors will look for a "loophole" and try to get a more serious charge, and in this case it is the act of oral copulation with another person who is under 16 years of age, according to Guisti.

Statutory rape is often a very emotionally driven charge that prosecutors, often pushed by overzealous parents, look to overcharge and it's not uncommon for the DA's office to charge a suspect with a more serious charge like oral copulation or a minor or even the much more serious charge of lewd acts with a minor, explains Guisti.

Furthermore, Guisti goes on to say, prosecutors often will charge the suspect each time the offense allegedly occurred.

A professional attorney can work to have all the charges reduced to one single charge and, perhaps most importantly, can work to have the overcharges dismissed, explains Guisti.

The charge of statutory rape is very serious charge that can not only ruin your reputation, but send you to prison, and this is why if you or somebody you love is being accused of this crime you must contact the Orange County sex crimes attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Our experienced sex crime lawyers have over a decade of successfully winning even the most difficult sex crime cases for our clients in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

No matter the crime our goal is to always win the case for our client, because we never settle for anything less, so please, give us a call now.

Los Angeles - The Los Angeles Police Department on Tuesday announced new rules that would give those driving without a license a chance to avoid having their vehicles impounded.

Currently if you're driving without a license police can, and often do, impound your vehicle, but under these new rules the vehicle can be retrieved at the scene by a licensed driver.

Under current rules many people who are caught driving without a license, or driving on a suspended license, have their car impounded, which costs hundreds of dollars to retrieve and many of the vehicle owners can't afford the cost of getting their vehicle back.

Fullerton criminal attorney Michael L. Guisti explains a lot of people get caught without a license and even though it may seem insignificant you have to remember it is a misdemeanor.

Aside from having to deal with impound fees and court fees, which is already a bad headache, Guisti says, having a misdemeanor on your record could cause potential problems for future employment and when you go to buy or rent a place to live.

Along with Los Angeles loosening up vehicle impounding rules there is a lot of talk in Sacramento of the state adopting the same rules, says Guisti, but, even if your car isn't impounded remember you have a potential misdemeanor to deal with.

Now if you were driving on a revoked license, Guisti goes on to say, that is a much more serious charge that could possibly involve jail time.

If you were caught driving without a license or driving on a suspended license the good news is most of the time prosecutors are willing to reduce charges or sometimes drop charges altogether, says Guisti, and a lot of that has to do with your criminal record and explaining the reason you were driving when you weren't suppose to be driving.

For example, Guisti explains, if you tell and show prosecutors and the judge that you had no choice, but to drive to work regardless of your license situation, because you had to keep supporting you and your family, most prosecutors and judges are willing to reduce the charge to an infraction.

Driving without a license or on a suspended license is a serious matter that could create bigger problems for you and your family, and that is why you must contact our Orange County criminal attorney experts at the Law Offices of Michael L. Guisti right now at 888-478-8999.

We have over a decade of experience getting our client's driver's license back and serious misdemeanor charges reduced to simply traffic tickets, and even less, so call us right away.

Laguna Hills, Orange County - Laguna Hills is the latest Orange County city on the verge of passing a law banning convicted sex offenders from all city parks.

City officials are still working out the details, but if the measure passes, as is expected, most serious sex offenders would be banned from Laguna Hills' park.

If caught breaking this law the registered sex offender could face a misdemeanor charge of up to six months in jail and a fine of up to $500 or both.

Irvine, Yorba Linda, Westminster and Huntington Beach have passed similar bans within the last year.

Even though the city has loosely defined those to be banned from their city parks as "serious sex offenders" Santa Ana criminal attorney Michael L. Guisti explains Laguna Hills should 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 more than making out.

Guisti says he clearly understands the reasons cities have enacted this law, but some proposals in Orange County would prevent low-level sex offenders who are parents from taking their children to the park, or from somebody being barred from seeking employment say at a job fair at a park or even from voting if the polling place is at a park, all of which poses the larger constitutional problem with these laws.

To avoid problems like this right now it may be best for a registered sex offender to seek an 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.

Should these laws affect you, Guisti says, you're just going to have to wait until the issue is fully answered and clarified in the higher courts, and as much as it may not seem fair it's best that you fully obey these laws to avoid any further problems.

Sex crimes are taken very seriously in the courts and just an accusation can quickly ruin your reputation, which is why if you're being accused of this crime you need to contact the Orange County sex crimes attorney experts at the Law Offices of Michael L. Guisti right away at, 888-478-8999.

We have a very successful track record of winning even the toughest sex crime cases for our clients, which is why you must give us a call now so we can prepare to win your case and you can go on with your life.

Newport Beach, Orange County - A Huntington Beach woman is under arrest after allegedly forging checks from her Newport Beach employer.

Police say the woman, who was a manager at a law firm, forged checks and changed the face-value of the checks.

Investigators say the suspect allegedly embezzled over $15,000 in forged checks.

Embezzlement used to be a crime in and of itself, but, as Newport Beach criminal attorney Michael L. Guisti explains, embezzlement is now covered under California's theft laws.

Theft crimes and forgery may not be this suspects only problem, because, says Guisti, depending on what investigators find she could face possible federal bank fraud charges.

People don't think of forgery as being a serious crime, and in fact a lot people think of it as nothing to worry about, but if convicted of forgery you could go to prison, according to Guisti.

The suspect will face grand theft charges for embezzlement, according to Guisti.

The big thing here, explains Guisti, is if the district attorney will charge the suspect on each separate count the suspect allegedly forged the checks, or make it into one charge for grand theft and one charge for embezzlement.

As for the federal charge, Guisti explains, under bank fraud it's a federal crime to cash stolen checks, and if convicted could result in federal prison time.

Now for a case to go to federal court it typically has to be in the best interest of the feds to prosecute the case, which is to say the feds want a to try a case they think they'll likely get a conviction out of, according to Guisti.

Embezzlement and forgery are taken quite seriously, and if you're being accused of such crimes you must contact our Orange County white-collar crimes attorney experts right now at the Law Offices of Michael L. Guisti at 888-478-8999.

We have over a decade of successfully winning cases for our corporate clients in Irvine, Newport Beach, Fullerton and Los Angeles in the courts of Southern California, which is why you must give us a call.

Understand, from the moment you first meet us our goal is to win your case, and we never settle for nothing less.

Santa Ana, Orange County - At least one DUI checkpoint is planned for Orange County this weekend with a few more throughout Southern California this weekend.

Records show for Friday evening in Santa Ana in the area of First Street between Bristol and Fairview the Santa Ana Police Department will conduct a DUI checkpoint.

In Hollywood the Los Angeles Police Department will conduct a DUI checkpoint at Hollywood Blvd. between Gower and Bronson between 8 p.m. and 2 a.m.

If you know of any specific DUI checkpoints in Orange County, Los Angeles, San Bernardino, Riverside or San Diego occurring this weekend or anytime during the week please let us know on our Facebook page.

The number one question asked to Santa Ana criminal attorney Michael L. Guisti is, "what if I see a DUI checkpoint ahead, can I legally turnaround and refuse to go through a DUI checkpoint without being pulled over?"

The answer, explains Guisti, if you see a DUI checkpoint ahead, yes, 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.

So many times, Guisti says, somebody approaching a DUI checkpoint will make a sudden U-turn crossing over the double yellow lines, which gives police the right to pull you over, and if you're not drunk driving you'll likely face a traffic ticket.

Even if you didn't violate any traffic laws 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.

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, and if you were pulled-over consider contacting a professional attorney right away.

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, and it's not as cut-and-dry as it may seem.

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, police cannot simply stop you based on a "gut-feeling," but rather must have a compelling reason and if there was no compelling reason then your case should be dismissed, 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 had trouble at DUI checkpoints you must call our Orange County DUI attorney experts at the Law Offices 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.

The Law Offices of Michael L. Guisti have over a decade of experience winning cases for our clients accused of DUI in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is to win your DUI case for you, and we'll settle for nothing less, so please call us now.

Seal Beach, Orange County - A suspect has been arrested in a home-invasion robbery of a 90-year-old woman in Seal Beach, according to the Orange County Sheriff's Department.

On Wednesday morning the elderly woman walked out of her home to get her newspaper, and that is when two men confronted the woman with one of them holding a handgun against the woman's neck, according to sheriffs'.

The woman was tied to a chair and her head was covered with a towel while the men searched the home for valuables, according to sheriff investigators.

Anytime there is a home robbery it is always charged as a felony first-degree robbery, says Westminster criminal attorney Michael L. Guisti.

The crime of robbery, explains Guisti, 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.

First degree robbery is when a suspects robs a bank, robs a house, robs somebody using an ATM or robs a business, and second-degree robbery is basically something like mugging, according to Guisti.

A conviction of first-degree robbery that was done with another suspect carries a sentence between three-to-nine years in a state prison.

The suspect also faces the serious charge of burglary and, according to Guisti, will likely face the felony charge of first-degree burglary.

Burglary, says Guisti, is when a suspect planned to commit a felony or petty theft before entering a store or house.

First-degree burglary is always charged as a felony, says Guisti.

Second-degree burglary is typical found in shoplifting cases and other commercial burglary cases, but, explains Guisti, unlike first-degree burglary there is a very good defense on whether or not you really thought about committing a crime before going inside the commercial building, or if you just took advantage of what you thought was a perfect opportunity to stuff an item in your pants.

If the suspects are convicted of first-degree burglary they could face between two-to-six years in prison, according to Guisti.

Burglary and robbery are very serious crimes with severe punishments if convicted, and that is why if you or somebody you know are facing these charges you need to call the Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Even with serious charges against you understand our decade of experience shows we get our client's severe criminal charges successfully dismissed, reduced or found not guilty in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

So please, give us a call so we can begin putting these serious charges behind you.

Laguna Beach, Orange County - Police in Laguna Beach responded to a possible domestic violence situation along Pacific Coast Highway on reports that a man was hitting a girl inside a car this past weekend, according to media reports.

It's unclear if anybody was arrested or what was precisely was the situation.

Assuming this was a case of domestic violence, says Irvine criminal attorney Michael L. Guisti, it's likely the suspect will face charges of corporal injury on a spouse.

It's important to understand, says Guisti, that a spouse in this case could be a husband, wife, boyfriend, girlfriend, domestic partner, the other parent to your child, or even a person you once had a relationship with.

There must be three things to prove you committed this crime, that, you inflicted corporal injury, that you willfully caused and inflicted the injury, and that the injury resulted in a "traumatic condition," says Guisti.

It's very important to note, Guisti stresses, that traumatic condition is a bodily injury and it doesn't matter how minor or severe the injury is, but only that it's visible.

Corporal injury on a spouse can be charged either as a felony or misdemeanor, which is why it's important to have an attorney who can work to reduce serious charges, says Guisti.

Even if there weren't any visible injuries the victim could charge emotional distress, which means the suspect could possibly be charged with making criminal threats or assault, according to Guisti.

It's very important to know and understand that if the victim changes their story, refuses to cooperate with police, or just doesn't show up to court you can still be charged and tired for this crime, according to Guisti.

Domestic violence is taken very serious by law enforcement and the district attorney as those agencies have their own specialized units in deal with domestic violence, which is why it's very important to to contact the Orange County domestic violence attorney specialists at the Law Offices of Michael L. Guisti right now at 888-478-8999 if you've been accused of this crime.

We have over a decade of experience in successfully defending our clients accused of domestic violence charges that include having charges dismissed, reduced or found not guilty, which is why you need to call us now.

Irvine, Orange County - As the holiday season gets into full swing with shoppers going to the South Coast Plaza in Costa Mesa, Fashion Island in Newport Beach and the Santa Ana MainPlace, among other places, there is always a rise in shoplifting.

A new report from the National Association of Shoplifting Prevention says on average one out of 11 people are shoplifters, and that most shoplifters are adults, and not teenagers as commonly believed.

Recently the advertising industry publication Adweek teamed up with the National Association of Shoplifting Prevention to compile a top ten list of most shoplifted items for 2011.

Believe it or not the top three most shoplifted items aren't what you may think. According to the study the third most shoplifted items are items like toothbrushes, razors and other common men's grooming products; the second most shoplifted item is premium alcohol; and the most shoplifted item, premium meats such as filet mignon.

Irvine criminal attorney Michael L. Guisti explains if you or somebody you know have recently been arrested for shoplifting you, or that person, need to remain quiet until you have an attorney present with you, because what you say could invite more serious charges like burglary.

During the course of the police's investigation they'll ask you if you planned or thought of shoplifting before you entered the store, and while that may not seem like a big deal admitting to police you thought of shoplifting prior to entering the store that admission invites burglary charges, according to Guisti.

The crime of burglary, says Guisti, is when you plan to commit petty theft or a felony before entering a store, and that is why if you happen to tell police you thought of shoplifting before going into the store you'll be charged with burglary.

A lot of shoplifting cases are done on impulse where somebody entered the store with no intention of shoplifting, but the person discovers what looks like an opportunity and, frankly, tries their luck, says Guisti.

If you entered the store with no intentions or plans of shoplifting you shouldn't be charged with burglary, says Guisti, and that is why it's always important to retain a professional shoplifting attorney who can work to get rid of these unwarranted charges.

The next big thing in shoplifting charges is if you're going to be charged with petty theft or grand theft. You're charged with a petty theft if the items you allegedly stole were under $950, and grand theft charges are brought on if you allegedly store over $950, says Guisti.

It's very important to note, says Guisti, it doesn't matter how many items you allegedly shoplifted, only that its value is below or above $950. For example, If you went to the South Coast Plaza and allegedly stole a single dress worth $1,500 you'll face grand theft charges, or if you allegedly shoplifted tons of clothing items that fill up your car, but the value only came to $600 you would only face petty theft charges, according to Guisti.

We know times are tough for a lot of people and sometimes desperate measures are taken by people who wouldn't normally do such a thing, but whatever your case may be it's important to understand this is a serious charge, which is why you must call the Orange County shoplifting attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

A shoplifting charge shouldn't ruin your holiday season, which is why you need to call our theft crimes defense lawyers who have over a decade of experience of dismissing, reducing or having our clients found not guilty of shoplifting charges in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

Los Angeles - This past week the Los Angeles Police Department performed a massive raid evicting the Occupy L.A. encampment in front of L.A. City Hall.

The raid with off without any major incident, however there were a handful of arrests made.

One protester was arrested for allegedly spitting in a police officer's face and is now facing charges of assault and battery, according to media reports.

Irvine criminal attorney Michael L. Guisti explains that it's lucky the protester in question didn't receive additional charges like assault of a police officer or making criminal threats, but the assault and battery charges are serious enough.

It's very important to understand if you're being charged with assault and battery you need to know those are two separate crimes, which means two separate charges, says Guisti.

Assault is when you don't make physical contact towards another person, but you had the ability and there was the intent, where as battery is when you made actually physical contact, according to Guisti.

It's very important to understand to be charged with battery it doesn't matter if you barely tapped the person, only that you touched the person in a harmful matter, says Guisti.

Of course what could be considered a harmful matter is always up for debate and never always clear, which is where a criminal defense attorney comes in, says Guisti.

In this case the suspect could have been allegedly threatening to harm the officer, which invited the assault charge, and allegedly spitting on the officer brought on the battery charge, says Guisti.

In a lot of domestic violence situations the suspect is often charged with assault, battery and making criminal threats, says Guisti.

Assault is a misdemeanor and an experienced attorney can work to possibly get that charge dismissed, according to Guisti.

Battery can be charged either as a misdemeanor or felony and in this case spitting shouldn't warrant a felony charge, which is why this person should have an expert lawyer who can get the charge reduce, says Guisti.

Assault and battery are serious charges, and if you've been arrested for this crime you need to contact the Orange County assault and battery attorney experts right away at the Law Offices of Michael L. Guisti at 888-478-8999.

Whether these charges are the result of a domestic violence situation, a fight at a club or bar,or just some incident, you must call us, because our attorneys have over a decade of experience successfully winning cases for our clients, and we want to take your case.

Westminster, Orange County - A Garden Grove man was sentenced to two years in prison for defrauding Orange County agencies out of more than $140,000 in public assistance benefits by lying and failing to report assets on aid applications for eight years, according to the Orange County District Attorney's Office.

Hai Dien Luu, 49, of Garden Grove, pleaded guilty to the court Wednesday to one felony count of perjury, 11 felony counts of grand theft, and a sentencing enhancement for excessive taking over $100,000, according to the DA.

Westminster criminal attorney Michael L. Guisti explains in cases of welfare fraud perjury and theft charges are quite common, but in a lot of welfare fraud cases they're situations where somebody accidentally entered wrong information or simply forgot to update their information with the agency, and what is a legitimate mistake turns into a big, legal nightmare.

The crime of perjury under Penal Code 118 is, in this case, when you knowingly and willfully entered information on a public assistance form to obtain benefits like welfare, food stamps or Medi-Cal, says Guisti.

Despite what may seem like the simply nature of perjury it's a very serious charge that is always charged as a felony, according to Guisti.

For prosecutors to prove you committed this crime they need to show the judge and jury that you knowingly and willfully entered the false information, and if they cannot show that then you must be found not guilty or have your charges dismissed, says Guisti.

The reason for the multiple grand theft charges is likely in relation to how many forms and claims were filled out and approved for public assistance, according to Guisti.

Prison time is always very serious, but where the judge and prosecutors really like to hit you at if convicted is with restitution, says Guisti.

Just because you're being accused of welfare fraud doesn't automatically make you guilty of that crime, because you may have accidentally given wrong information, or just not fully understood the question, and this is why you must call our Orange County fraud attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

We have over a decade of successfully defending our clients against all different type of fraud charges. because our goal is to win your case so you can go on with your life.