Orange County Criminal Lawyer Blog

Santa Ana, Orange County - A Santa Ana man was arrested last week after allegedly masturbating in the library, according to police.

Police say library workers were alerted to the man after several library patrons discovered the man masturbating to apparent pornographic images on the computer.

When police arrived they discovered the man masturbating while library patrons, including children, were nearby, and arrested the man for lewd conduct and indecent exposure, according to police.

Many libraries proudly support free speech and that extends to their internet service, but however there have been more than a few cases in Orange County of people looking at such images in libraries, which the suspects have been brought up on more serious charges of lewd acts with a minor and child pornography, says Santa Ana criminal attorney Michael L. Guisti.

What is interesting in this Santa Ana case is there is an argument to be made whether or not the suspect was really committing indecent exposure since one of the main elements of the crime of indecent exposure involves drawing attention to one's genitals, and an experienced defense attorney needs to ask, was the suspect really drawing attention, or trying to be discreet as possible about it, explains Guisti.

One of the other elements of indecent exposure is it has to take place in a public place, and certainly the library is a public place, but was the computer the suspect using is a secluded location and were people easily offended, says Guisti.

The suspect is also being charged with lewd acts in public, which, interestingly enough, is only a misdemeanor, says Guisti.

Now the reason it's important to argue whether or not the the crime of indecent exposure took place is it's a "wobblier," which means it can be charged as a misdemeanor or felony, and a felony conviction of indecent exposure can result in having to register as a sex offender for life and prison time, explains Guisti.

When it comes to these sorts of sex crimes police and the district attorney are always very quick to overcharge it, which is why if you're facing such a crime it's very important to call the expert Orange County sex crimes attorney at the Law Offices of Michael L. Guisti.

We have over a decade of winning sex crime cases for our clients in the Orange County courts of, Santa Ana, Newport Beach, Westminster and Fullerton.

So please, call us now.

Santa Ana, Orange County - A Dana Point high school teacher was arrested for allegedly committing lewd acts on a child, according to the Orange County District Attorney.

Ricardo Aldana, 37, has been charged with seven felony counts of lewd acts on a child after allegedly picking up a 14-year-old girl from the private high school he worked at in San Juan Capistrano and allegedly taking her back to his house in Dana Point to commit the acts, according to DA investigators.

Investigators allege Aldana took the 14-year-old back to his Dana Point home seven times.

It's very important to understand the lewd acts with a child can result in several charges even if the alleged incident happened in one day, explains Santa Ana criminal attorney Michael L. Guisti.

For the crime of lewd acts with a child it's quite important to understand to invite this charge it doesn't have to be graphic "touching," but rather simply holding a child's hand for the purposes of being sexually aroused is enough to be charged with this sex crime, explains Guisti.

Should anybody ever find themselves accused of this crime it's very urgent to contact a professional attorney right away, because this is a crime that often causes an overreaction with prosecutors where they tend to guide with their emotions rather than logic, says Guisti.

Now lewd acts with a child can be charged as a misdemeanor or felony, and many times prosecutors are going to try to charge it as a felony, but an experienced sex crimes defense attorney can reduce charges, or throw them out altogether, says Guisti.

This is easily a charge that can ruin your reputation simply for being accused, which is why you need to call the Orange County sex crimes attorney experts at the Law Offices of Michael L. Guisti right away.

For over a decade our sex crimes legal experts have successfully won cases and protected our client's reputation in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

So please, call us now.

Huntington Beach, Orange County - A San Diego woman was arrested Thursday for a Huntington Beach vehicular manslaughter with gross negligence after authorities allege she was text messaging while driving and not paying attention, which she hit a car, killing the driver of that car last year on the 405 freeway.

Jorene Nicolas, 29 was so distracted while driving that she didn't even realize traffic had come to a complete stop on the freeway, according to Huntington Beach Police.

It's very important to remember that authorities are only alleging the suspect was text messaging while driving, but however so far there hasn't been much evidence shown that supports she was text messaging while driving that caused this accident, says Huntington Beach criminal attorney Michael L. Guisti.

This very well could have been just an unfortunate accident, but with the state cracking down on text messaging while driving there is a very good chance prosecutors are going to use her case "to make an example out of her," which is why she needs a good defense attorney, says Guisti.

Since there were no alcohol or drugs involved the suspect will be charged with Penal Code 192(c) Vehicular Manslaughter, which is when a person drives in an unlawful way or drives in a lawful, but dangerous way, which texting while driving falls under, explains Guisti.

Now if the suspect was drinking alcohol or taking drugs and was DUI or DUI-Drugs she would be charged under California's vehicular manslaughter while intoxicated law, says Guisti.

Now PC 192(c) vehicular manslaughter is a "wobblier," which means it can be charged either as a misdemeanor or felony, and prosecutors are charging this woman with a felony, says Guisti.

In deciding whether or not to charge a suspect with a misdemeanor or felony the district attorney will look at your case and criminal history, says Guisti.

If convicted the suspect faces up to six years in prison.

Accidents happen all the time on our freeways and streets, and sometimes what is an unfortunate accident police will claim is a more serious crime that could send you to prison, which is why you need to call the Orange County vehicular manslaughter attorney experts at the Law Offices of Michael L. Guisti.

Our legal experts will bring in accident reconstruction experts to show this was just an accident and nothing more, and using such experts is the reason our clients are freed of these charges in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

So please, call us now.

Irvine, Orange County - Two men suspected of robbing a Craigslist seller at an Irvine park were arrested Wednesday in Costa Mesa.

According to Irvine Police a man selling a laptop on Craigslist agreed to meet the two suspects who posed as potential buyers at an Irvine park, and during the meeting one of the men pulled out what the seller thought looked like a gun.

The suspect then demanded the seller hand him the laptop, and after handing over the laptop he ran to a car driven by the other suspect, at which point the two drove off, according to investigators.

Robbery is always charged as a felony and if convicted the suspects could face time in prison, says Irvine criminal attorney Michael L. Guisti.

Many people think robbery, burglary and shoplifting are all the same theft crimes, but they're very different, separate crimes, says Guisti.

In a sense robbery is when you take a person's property from their body or immediate possession accomplished by force or fear, explains Guisti.

In this case a professional defense attorney could argue to reduce charges to the lesser second-degree robbery charges, says Guisti.

First degree robbery is the more serious offense, which is when a suspect robs people at their homes, robs a commercial building, robs people who just used an ATM, or robs "money trucks," and second degree robbery is when a suspect commits something like mugging or stealing a purse off a woman, explains Guisti.

In this case there is debate whether this Craigslist crime is really nothing more than a mugging, but the district attorney and prosecutors could argue it's first-degree robbery, because it was planned, says Guisti, and this is why you need a defense attorney by your side.

The laptop was sold by the suspects to a buyer in Yorba Linda, but was recovered by police and returned to the victim, and the person in Yorba Linda won't face receiving stolen property charges, according to police.

Robbery is a serious theft crime that can result in many years in prison and ruin your life, and that is why you need to call our expert Orange County theft crimes attorneys at the Law Offices of Michael L. Guisti.

Our legal experts have well over a decade of successful experience winning very difficult criminal cases for our clients in the courts of Southern California, and so please, call us now.

Santa Ana, Orange County - Doctor Julio Diaz pleaded not guilty to prescribing large quantities of painkillers without a medical purpose in federal court on Monday.

Federal authorities allege Dr. Diaz supplied OxyContin, Vicodin and other painkillers to patients with no legitimate need for the powerful narcotics at his Santa Barbara office, and authorities allege some patients diverted the pills to the black market or suffered fatal overdoses.

Santa Ana attorney Michael L. Guisti is representing Dr. Diaz and stresses that his client has not been charged in any fatal overdoses.

Dr. Diaz's trial is scheduled for March 13 at the United States District Court Central District of California at the Ronald Reagan Federal Building in Santa Ana.

Attorney Guisti has told the media the allegations are unfounded, and that is his client will be found not guilty on all charges.

Santa Ana, Orange County - The Law Offices of Michael L. Guisti are representing Santa Barbara physician Doctor Julio Gabriel Diaz in his federal trial at the United States District Court Central District of California at the Ronald Reagan Federal Building in Santa Ana.

Dr. Diaz was arrested by DEA agents in early January of this year at his Goleta home for allegedly prescribing addictive painkillers and other commonly abused prescription drugs from his Santa Barbara practice to patients who, according to federal agents, had no legitimate need for the medications.

In their indictment federal officials are alleging Dr. Diaz's actions led to several people overdosing, however Dr. Diaz's attorney Michael L. Guisti stresses his client has not been indicted on any overdose charges.

Michael L. Guisti and his legal team are very confident Dr. Diaz will be acquitted on all charges.

Newport Beach, Orange County - The U.S. Supreme Court unanimously agreed on Monday to bar police from installing GPS technology to track suspects without first getting a judge's approval and warrant.

This Supreme Court decision follows the appeals of a Washington, D.C., nightclub owner who police put a GPS device on his Jeep and tracked for four weeks, which helped link him to a house used to stash money and drugs. He was sentenced to life in prison before an appeals court overturned his conviction.

The bottom line, all nine justices agreed, in what is generally a very divided court, that the GPS monitoring on the Jeep violated the Fourth Amendment's protection against unreasonable search and seizure.

Basically most law enforcement rarely have problems with obtaining a judge's approval for a warrant, says Newport Beach criminal attorney Michael L. Guisti, but in obtaining a warrant to use a GPS it remains to be seen just how much of a task that may be.

In the early stages of a police investigation obtaining a warrant to install a GPS on a suspect's vehicle may prove difficult given insufficient evidence, says Guisti.

The process of obtaining a warrant generally involves the police going to the district attorney with their information, and the DA presenting their evidence to the judge, which the judge will either approve or decline, says Guisti.

It's very important to know that police cannot search any other premises or persons not listed in the warrant and any evidence obtained outside of the warrant can be thrown out of court, explains Guisti.

The judge must fulfill two requirements before issuing the warrant. The first, the judge has probable cause to believe that a crime has been committed, and second, evidence of the crime is likely to be found in the place(s) detailed in the search warrant, explains Guisti.

A very important point Guisti stresses, if police searched your home or other place pursuant to a search warrant it doesn't always mean it will stand up in court as police often provide judges with misleading or incomplete information to obtain a warrant, which is why you need a professional defense attorney.

If you've been served a warrant it's very important for you to contact our Orange County warrant attorneys at the Law Offices of Michael L. Guisti right away, because our legal defense team can review the warrant to see if it was "served" properly, because any items seized or people arrested outside of the warrant is a violation of your rights and can be thrown out of court.

We have over a decade of experience winning cases for our clients in the Southern California courts, so please, call us now.

Santa Ana, Orange County - A former Orange County soccer coach of a boys recreational soccer team was charged with child molestation on a girl he met online.

The suspect, Robert Peace, a native of the United Kingdom, was arrested last week following a multi-agency investigation by members of the Orange County Child Exploitation Task Force.

Among the charges Peace faces is lewd acts with a minor who was under 14.

Child sexual abuse charges are always taken very seriously, but, according to Santa Ana criminal attorney Michael L. Guisti, 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 felony lewd acts with a minor is kind of a catch all in these situation and it's very possible the suspect could face more charges including, 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 sex crimes 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 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 typically a felony with many years in a state prison and you must register as a sex offender for life.

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.

Fullerton, Orange County - Before you go out this weekend keeps a heads up for a handful of DUI checkpoints, because being caught drunk driving can have severe consequences that could stay with you for many years.

DUI Checkpoints for Friday, January 20:

Orange County DUI Checkpoints

Buena Park: Buena Park Police will be conducting a DUI checkpoint at La Palma and Stanton, just east of Beach Blvd. near Knott's Berry Farm, from 7 p.m. until 2 a.m.

If you're in the area of Laguna Woods, Laguna Hills, Laguna Niguel or Aliso Viejo be advised the Orange County Sheriff's Department will have roving DUI saturation patrols.

Los Angeles County DUI Checkpoints:

Hollywood: The Los Angeles Police Department will be conducting a DUI checkpoint at Hollywood Blvd and Bronson from 8 p.m. until 2 a.m.

Glendale: Glendale Police will have a DUI checkpoint at an undisclosed time and location.

Carson: The Los Angeles County Sheriff's Department will have a DUI checkpoint at an undisclosed time and location.

Do You Know Where They're 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.

If Arrested for DUI

If you've been arrested for DUI understand you do have several different options and, as Fullerton criminal attorney Michael L. Guisti explains, one of which is whether you were really DUI at the time of your arrest.

The biggest problem with DUI testing equipment is it's notoriously faulty and so many possible things could cause a false DUI reading, says Guisti.

If you have cold that could cause a false reading if you've been taking a lot medicine, nearby radio equipment and cell-phone towers can cause false readings, and even what's in the air can cause false readings, explains 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, explains Guisti.

It's very important to know if you've been arrested for DUI there is a hidden time-bomb, because you only have ten days from the day you're arrested to make an appointment with the DMV for your driver's license hearing, which your attorney can take care of, says Guisti.

They're a lot of things that can cause a false DUI reading, which is why you need to contact the professional Orange County DUI attorney at the Law Offices of Michael L. Guisti.

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.

Santa Ana, Orange County - A domestic violence call this past weekend in Santa Ana lead to the arrest of a woman for domestic battery, according to Santa Ana Police.

Police say a dispute over finances broke out between the boyfriend and girlfriend who live together near downtown Santa Ana, and after some words were said the girlfriend allegedly threw kitchen dishes at her boyfriend.

Now throwing dishes may not seem like much, but, as Santa Ana criminal attorney Michael L. Guisti explains, any sort of contact that is unwanted by an "intimate partner" warrants domestic battery charges.

Now domestic battery is the lesser domestic violence misdemeanor charge, however if it's revealed that the victim suffered visible injuries the suspect can face serious felony domestic violence charges like, aggravated battery or intentional infliction of corporal injury on a spouse, says Guisti.

They've been cases where the suspect is charged with a misdemeanor domestic violence, but injury shows up a couple days later or the victim later claims serious injury, which is why anytime you're facing a domestic violence charge you need to retain an attorney right away, explains Guisti.

The punishment for domestic battery is typically up to a year in county jail, having a restraining order, like a Domestic Violence Restraining Order (DVRO), placed against, having to pay up to $2,000 in fine, and other possible fines, says Guisti.

All alleged domestic violence incidents are taken very serious by law enforcement and the district attorney, and so even if in the heat of the moment if you threw some seemingly innocent item at your "partner" it can start a major legal problem, which is why you need a domestic violence attorney right away, explains Guisti.

If you've recently been arrested for domestic violence you need to call our Orange County domestic violence attorney specialists right now at the Law Offices of Michael L. Guisti.

Our law firm has over a decade of successfully winning domestic violence cases for our clients in the courts of Orange County and Southern California, so please, call us now.

Costa Mesa, Orange County - Federal authorities raided three medical marijuana dispensaries this week, and federal officials also filed lawsuits against property owners where the dispensaries were housed, alleging the owners of the property knew they were allowing marijuana stores to conduct business.

No arrests were made, but those running the marijuana dispensaries were detained for a time as authorities conducted their search.

Though medical marijuana is against federal law, the medicinal use of marijuana is legal in California, but DEA investigators state the dispensaries that were searched have been operating as marijuana stores for profit, a violation of California and federal law.

It's interesting that after a couple years of taking a "hands off" approach the Obama administration has decided to crack down on California's medical marijuana stores, says Costa Mesa criminal attorney Michael L. Guisti.

Guisti explains that the federal government regulates drugs like marijuana through the Controlled Substances Act (CSA) under 21 U.S.C. § 811, which does not recognize the difference between medical and recreational use of marijuana.

It's very important to understand that if you own a medical marijuana dispensary and are operating well within California's medical marijuana laws and the local city's and county's law the feds can still come into your place of business anytime and raid the place and arrest you, stresses Guisti.

Just as important, it's one thing if you face marijuana criminal charges in California, which can result in a PC 1000 or Proposition 36 sentence with no jail time, but a federal marijuana criminal charge can result in dozens of years in federal prison and a fine up to a million dollars, says Guisti.

If you're a medical marijuana dispensary owner with the feds raiding legal operations it's very important you retain a professional federal attorney by calling the Orange County federal crimes attorney experts right away at the Law Offices of Michael L. Guisti.

We have over a decade of experience successfully winning even the toughest federal crimes for our clients in the federal courts of Santa Ana, Los Angeles, Riverside and San Diego.

So please, call us now.

Costa Mesa, Orange County - A 19-year-old Westminster man was arrested on shoplifting charges after allegedly walking out of the South Coast Plaza with items he didn't pay for, according to police.

Police say last Saturday the Westminster man walked into Sack's Fifth Avenue, put "several items" into his bag and down his pants, and walked out of the store.

As soon as the shoplifting suspect walked out of the store the suspect was apprehended by Costa Mesa Police.

What is interesting about store security is the law states the security guard or security camera must keep a continuous watch on you from the moment you "take" something to when you walk out the store, explains Costa Mesa criminal attorney Michael L. Guisti.

If the guard or camera loses site of you even for a second perhaps you, the suspect, had a change of heart and you put the item back, and when you walk out the door if security confronts you and you have nothing it becomes a major civil liability for the store, says Guisti.

They've been a lot of people wrongly detained for shoplifting, and if this has been something you've experienced you need to contact an attorney right away and seek damages, says Guisti.

The South Coast Plaza has a lot of grand theft cases and it's important to understand it's not how much stuff you allegedly shoplifted, but the cost of item or items that determines if you'll face petty theft or grand theft charges, explains Guisti.

In California shoplifting cases the threshold between petty and grand theft is $950, and at a place like the South Coast Plaza a single item can easily be worth over $1,000, and as such you would face grand theft charges, says Guisti.

As well, Guisti goes on to say, if you allegedly shoplifted a thousand items, but the value only comes to $400 you'll face petty theft charges.

The point being, says Guisti, it never matters how much or how little you allegedly shoplifted, only how much those items cost to determine the seriousness of the charge.

A lot of the time police like to tag on burglary charges to shoplifting cases, but that can be difficult to prove, because if you acted on impulse to shoplift once inside the store that isn't burglary, explains Guisti.

It's only considered to be a burglary crime if you thought about shoplifting before entering the store, says Guisti.

Shoplifting is a very serious charge than can lead to steep fines and even prison, which is why you need to contact the Orange County theft crimes attorney specialists at the Law Offices of Michael L. Guisti.

We have over a decade of experience winning shoplifting cases for our clients in the courts of Orange County, because our goal is to win your case.

We settle for nothing less than winning, so please, call us now.

Santa Ana, Orange County - As another holiday weekend approaches some people may take the time to have a couple more drinks, but be advised of DUI checkpoints.

Right now we only know of one DUI Checkpoint in Santa Ana.

Santa Ana Police will conduct a DUI Checkpoint Friday, January 13 from 7:30 p.m. until 1:30 a.m. at 1500 E. McFadden Avenue.

Do You Know of Any DUI Checkpoints this Weekend?

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

The answer, explains Santa Ana criminal attorney Michael L. Guisti, is 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.

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.

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.

Newport Beach, Orange County - Following a month long undercover investigation Newport Beach Police busted a marijuana sales operation last Friday that resulted in 300 marijuana plants, 37 pounds of "high grade" pot and about $24,000 in cash being seized.

The marijuana has a street value of about $200,000, according to police.

The investigation resulted in five people being arrested for marijuana sales.

Despite California's fairly relaxed views on marijuana it's very important to understand that California's marijuana sales law is very strict and is a felony that can result in prison time, says Newport Beach criminal attorney Michael L. Guisti.

While there is quite a bit of evidence in this Newport Beach drug case what is interesting with marijuana drug sales is there doesn't need to be any physical evidence of marijuana to be prosecuted for this crime, only that you offered to sell pot, explains Guisti.

As well it's very important to understand that simply giving away marijuana constitutes marijuana sales, says Guisti.

Now if these five suspects happened to mention to investigators they have sold their marijuana to customers in another state or Mexico they could face the much more serious federal drug trafficking charge, according to Guisti.

Guisti explains that basically you're charged with federal drug trafficking when the federal government alleges you trafficked drugs, or money to pay for drugs, across state or international lines.

Now if you never transported drugs or money to pay for drugs across state or international lines you shouldn't face federal drug trafficking charges, Guisti explains.

Just how serious is the federal charge, well, Guisti says, if convicted on a marijuana federal drug trafficking case you could face millions in fines and up to 30 years in a federal prison.

One reason to stress these federal marijuana charges is the Obama Administration has announced a crackdown on legal California medical marijuana clinics, which could result in doctors, store owners and customers being charged with federal drug crimes, explains Guisti.

If you've been charged with a marijuana crime it's very important to contact our Orange County marijuana attorney experts right now at the Law Offices of Michael L. Guisti.

Our legal team can work to reduce these marijuana charges, or have them dismissed altogether by having you enter a program under Penal Code 1000 or Proposition 36.

Our Orange County drug crime attorneys have over a decade of successfully reducing or dismissing our client's marijuana charges in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

San Clemente, Orange County - Three men have been arrested for attempted murder following a fight in San Clemente last Friday.

Witnesses says they saw up to 12 people fighting in a parking lot, and the Orange County Sheriff's Department says it's unclear what started the fight.

One teenager was taken to the hospital after being hit in the head with a brick, according to sheriff investigators.

That victim's father lives nearby and was awakened when he heard his son being beaten, which he went outside and intervened throwing the suspects off his son and taking his son back to his house, according to sheriff detectives.

For there to be attempted murder charges there has to be two elements, that the suspects took at least one "direct step" towards killing another person, and that they intended to kill that person, explains Irvine criminal attorney Michael L. Guisti.

In this case the direct step would likely be using the brick to kill the suspect, but the victim's father stepped in preventing his son from being killed, says Guisti.

Now the second element of attempted murder is the intent to kill, which can be difficult to prove, according to Guisti.

Chances are somebody in this large group told detectives that there was a plan or intent to kill this victim, which is likely why the three suspects are being charged with attempted murder and not assault and battery, says Guisti.

One of the things detectives, prosecutors and criminal defense attorneys look at is where on the body the victim was attacked with the weapon, and if the victim was attacked in a non-vital area of the body it can be argued the suspect was only intending to injure the victim, explains Guisti.

As well this is one of these crimes where what you say to detectives could be constructed as attempted murder even if that wasn't the case at all, which is why it's always best to invoke your right to remain silent until your defense attorney is present, says Guisti.

As one would expect attempted murder is a very serious felony charge and if convicted the suspects could face life in prison, says Guisti.

If you're facing attempted murder charges you need to call the Orange County murder attorney experts right now at the Law Offices of Michael L. Guisti.

This is a charge that could send you to prison for the rest of your life, but our Orange County criminal attorney experts have over a decade of experience successfully reducing and even dismissing charges of attempted murder in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Your life is on the line, so please, call us now.

Laguna Beach, Orange County - Police in Laguna Beach responded to a call of a photographer reportedly taking photographs of a topless woman down by the ocean on Monday.

Nobody was arrested in the incident off Cliff Drive at Diver's Cove, according to Laguna Beach Police.

Being topless at the ocean and taking photographs of somebody topless isn't a crime in and of itself, explains Newport Beach criminal attorney Michael L. Guisti.

Based on information by police it doesn't sound like the photographer was intruding on this woman, says Guisti.

Given there were no arrests chances are likely no charges will be filed, and some may wonder why not charge the woman with indecent exposure, because, explains Guisti, indecent exposure isn't as cut-and-dry as a charge many people believe it is.

Indecent exposure is a sex crime, and for there to be an indecent exposure charge the woman would have had to draw attention to her genitals for sexual purposes, and also California law doesn't really consider a nude woman's breasts to be indecent exposure, explains Guisti.

Also where this location is it's possible the photographer thought they would be in a private area, and one of the other elements of indecent exposure is the crime must take place in a public area where people are likely to be offended. If those involved were in a private area where they reasonably believed nobody would see them and be offended, then it's difficult to charge them with this crime, according to Guisti.

If you're facing this charge you must understand this is actually quite a serious charge, which could result in having to register as a sex offender for life, says Guisti.

If you or somebody you know have been arrested for indecent exposure you must call our Orange County indecent exposure attorney experts right now at the Law Offices of Michael L. Guisti.

We have over a decade of successful experience reducing our client's charges or having charges completely dismissed from the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Huntington Beach, Orange County - A 35-year-old Santa Ana man was arrested this past weekend in a Craigslist sex sting operation after he allegedly went to Huntington Beach to engage in lewd acts with a minor.

Huntington Beach Police detectives posed as a 13-year-old girl on Craigslist and authorities say the suspect, Oscar Pinedo, sent several lewd messages to the undercover officers several times and planned to pay the minor money to have sex with her.

Authorities say they informed the suspect several times of the minor's age.

It's important to understand that even though no actual physical contact took place prosecutors can still charge the suspect with lewd acts on a minor since the suspect willfully drove to the location knowing the age of the "victim" with the intention to commit these acts, explains Huntington Beach criminal attorney Michael L. Guisti.

Since there was no physical actions that took place and, more importantly, there was no actual victim the suspect will likely be charged with attempting to commit a lewd act on a minor, explains Guisti.

This is a charge that could be filed either as a misdemeanor or felony, and a felony conviction could result in having to register as a sex offender for life, says Guisti.

In this case an expert defense attorney will try to get the charges reduced to a misdemeanor and examine the police's actions on whether or not they entrapped the suspect, says Guisti.

There have been a lot of cases like this where perhaps the suspect realizes their mistake and backs out, but the undercover officer entices and lures the suspect back in, but laws generally state the suspect must have agreed upon this action without any "encouragement" from undercover detectives, explains Guisti.

Subsequently such cases have been thrown out of court, says Guisti.

This case should really highlight the dangers of meeting somebody online as many law enforcement agencies use Craigslist for prostitution cases, says Guisti.

If you email an undercover officer posing as a prostitute an agreed price then that is enough to be arrested for soliciting prostitution as there is a record, says Guisti.

If you've been arrested in an online sex sting operation you need to call our Orange County sex crimes attorney experts right now at the Law Offices of Michael L. Guisti.

Our law firm has over a decade of successfully winning even the toughest cases for our clients in the courts of Orange County, San Bernardino, Los Angeles, Riverside and San Diego.

Santa Ana, Orange County - After the big New Years' holiday weekend law enforcement is still out there with planned DUI checkpoints for this Friday night.

Orange County DUI Checkpoints:

No DUI checkpoints are planned for Orange County.

Los Angeles County DUI Checkpoints:

The Los Angeles Police Department is planning a DUI checkpoint in Van Nuys at Roscoe Blvd. at Noble, just east of the 405, from 8 p.m. until 2 a.m.

There will be a DUI checkpoint in Bellflower at an undisclosed location from 8 p.m. until 3 a.m.

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

San Bernardino County DUI Checkpoints:

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

Riverside County DUI Checkpoints:

No DUI checkpoints are planned for Riverside County.

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 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 Santa Ana criminal attorney Michael L. 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 office 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.

They're two things DUI attorneys look at in DUI cases, what prompted the police to pull you over and how was your DUI test handled, says Guisti.

Guisti stresses that the U.S. Supreme Court ruled that police can't 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,

To the second point, 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, explains Guisti.

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.

Irvine, Orange County - An Irvine Burger King employee was arrested Wednesday for a theft crime after police observed the suspect stealing money from a mentally disabled woman.

Irvine investigators allege Luis Maximino Lucero Ballinas, 42, of Tustin repeatedly stole from the woman over the past several months when she ate at a Burger King as he was allegedly pocketing the woman's money.

The woman's parents became suspicious when she would return home without the change and contacted police.

The suspect was charged with theft against a dependent adult.

This type of theft crime is actually covered under California's elder abuse laws, explains Irvine criminal attorney Michael L. Guisti.

Under Penal Code 368 financial theft crimes against "dependent adults" and the elderly are treated just like theft crimes, and how much money the suspect allegedly embezzled from the victim will determine if he'll face a misdemeanor or felony charge, explains Guisti.

As well, the suspect could face petty theft or grand theft charges, says Guisti.

Even though it may be easy to dismiss the suspect as a fast-food worker, in this situation he was in a position of trust with the disabled customer, because he was briefly in charge of her money, explains Guisti.

If the suspect invokes his right to remain silence it's certainly possible police may obtain a warrant to check his bank account records, according to Guisti, which is why he needs a professional defense attorney.

If charged and convicted as a felony the suspect could face up to three years in a state prison.

If you're facing a theft charge it's very important to contact the Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti right away.

Even a small theft crime can greatly upset your life, but our expert lawyers have over a decade of successfully winning cases for our clients minimizing the impact and getting their lives back on track like nothing happened, so call us now!

Mission Viejo, Orange County - A handyman contacted authorities in Mission Viejo on Sunday after a women allegedly attacked him, and now the woman is under arrest for battery.

According to Orange County Sheriff's investigators the handyman did work around the woman's Mission Viejo home, but the woman wasn't too happy with the handyman's work and alleged committed battery on the man.

A lot of people think assault and battery are the same crime, but they're very separate crimes, explains Irvine criminal attorney Michael L. Guisti explains.

Assault is when you make an attempt to injure another person, but don't make physical contact, and battery is when you make actual physical contact with another person with the intention of causing harm, Guisti explains.

In assault cases it's not that unusual for criminal threat charges to be filed, and assault and battery charges are also common in domestic violence cases, says Guisti.

In assault charges you must of had the ability and intent to carry out a physical attack, and if you didn't then you shouldn't be charged with assault or making criminal threats for that matter, says Guisti.

It's very important to understand that we're only hearing one side of this story with the handyman in Mission Viejo, says Guisti, and the suspect's side of the story could be something different, like possibly the victim did something to antagonize her.

A big part of criminal defense is making sure the suspect has their side of story fairly heard in court, explains Guisti, because, regrettably, law enforcement and prosecutors make snap judgments about suspects.

If you've recently been arrested for assault and battery you must call our Orange County assault and battery attorney experts right away at the Law Offices of Michael L. Guisti.

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

Our goal is to WIN your case, because we settle for nothing less, so please call us.

Los Angeles - Los Angeles Police arrested the man they believe was responsible for setting dozens of fires in the Hollywood area over New Years' weekend.

Harry Burkhart, 24, was booked on arson charges on Monday. He is a German national who has lived in America for several years, and, according to authorities, was apparently upset over his mother's pending deportation back to Germany where she is facing unspecified criminal charges.

Beginning Friday morning several fires were set in carports and apartments around Hollywood, along with a handful of similar fires set in the San Fernando Valley, and authorities say not since the 1992 L.A. riots has there been such a massive arson spree.

It was a Los Angeles County Sheriff's reserve deputy who spotted somebody who fit the suspect description at Sunset and Fairfax in Hollywood that led to the suspect's arrest, according to police.

It's quite possible the suspect could face harsher "aggravated" arson charges, explains Newport Beach criminal attorney Michael L. Guisti, because the suspect allegedly used devices to accelerate the fire and caused multiple structures to burn.

This is going to be a very high-profile case and the L.A. District Attorney is going to want to throw on every possible charge, says Guisti.

If the prosecution can prove the suspect started the fire with the intent of injuring other people and/or damaging property, or simply had the intent of causing damage, and the suspect had a prior arson conviction within ten years, along with causing damage in excess of $5,650,000, including the cost of fire department services, or the suspect damaged five or more "inhabited structures," explains Guisti, then the suspect could face life in prison.

In California they're two arson charges, Penal Code (PC) 451 "willful or malicious" arson and is a felony, and PC 452 "reckless burning," which can be charged either as a misdemeanor or felony, says Guisti.

Under PC 451 is what this suspect will likely be charged with, and PC 452 is generally reserved for offenses such as, for example, using fireworks in a brushy area that subsequently catches fire, says Guisti.

The main difference between the two, says Guisti, is PC 451 is typically the suspect means to set fire and cause damage, thus being malicious, and PC 452 is when you knowingly do something that greatly runs the risk of catching fire and you knowingly ignore that risk, thus you were being reckless.

With arson cases proving the suspect committed the crime can be very difficult.

Even though there may be circumstantial evidence if there is no direct evidence proving the suspect committed the crime then the jury has reasonable doubt, and if they have reasonable doubt California jury instructions says the jury must acquit, which is why if you or somebody you know are facing arson charges you need a professional lawyer, says Guisti.

If you're found guilty of arson you could face many years and possibly life in prison, have to register as a Convicted California Arson Offender, and possibly have to pay thousands in fines, says Guisti.

If you're being accused of an arson crime this is a very serious charge that could ruin your life, which is why you need to contact the Orange County arson attorney experts at the Law Offices of Michael L. Guisti.

We have over a decade of winning arson related cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is always to win our client's cases, so please call us now so we can work to get your life back on track.