Orange County Criminal Lawyer Blog

Anaheim, Orange County - It has been three weeks since a hit-and-run driver in Anaheim killed a three-year-old and left her mother injured, and now the reward for the arrest and conviction of the felony hit-and-run suspect has been increased to $8,000.

The fatal crash occurred as the child's mother, Lady Audree Rebecca Hernandez, 26, of Anaheim, was pushing her daughter in a stroller in the Gilbert Street crosswalk at Guinida Lane when the suspect hit the mother and daughter, according to authorities.

Hernandez's family says doctors expect her to slowly recover and be able to walk within a year.

The main difference between felony hit-and-run and misdemeanor hit-and-run, explains Santa Ana 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 understand the prosecutor must prove three things, one, that you were "involved" with the accident, two, 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 three, you "willfully" failed to perform at least one of your required duties, explains Guisti.

A common defense tactic, 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.

They've been several cases where a misdemeanor hit-and-run later end up being charged as a felony, because the victim later claims injuries, and in a lot of those cases it's highly debatable whether or not that really is the case, says Guisti, which is why it's very important to have a defense attorney.

Many hit-and-run suspects later find out they're being charged with with this crime typically after receiving a letter from police, and if you're being accused of hit-and-run it's very important to contact the Orange County hit-and-run attorney experts at the Law Offices of Michael L. Guisti.

For over a decade our legal experts have won cases for our clients accused of hit-and-run in the Orange County courts of, Santa Ana, Westminster, Newport Beach and Fullerton.

So please, call us now.

Santa Ana, Orange County - A Santa Ana high school teacher and former NFL player was charged Tuesday for lewd acts on a child after allegedly inappropriately touching two 16-year-old female students.

One student alleged that Joseph Manuel Orduna, 63, of Irvine kissed her on the lips while giving her a hug and other students told authorities Orduna made several inappropriate sexually charged comments in the classroom.

Lewd acts with a child is a sex crime catchall, says Santa Ana criminal attorney Michael L. Guisti.

If you simply hug a child, and happen to become aroused by it, you can be charged with this crime, says Guisti.

Simply touching a person under 18, even if it's a touch on the shoulder, and becoming aroused is enough to warrant these charges, but in situations like this proving you were seeking sexual gratification can be difficult, explains Guisti.

In this situation concerning the teacher a common defense is questioning the creditably of the students, says Guisti.

When it comes to sex crimes having to question the creditably of the students may seem like a horrible thing, but there have been dozens of cases around the country where students have made up such shocking accusations against their teacher only for it to be false, explains Guisti.

Many times students may not like a teacher for whatever reason and either one student or several students will create a story to get the teacher in trouble, says Guisti.

Just being accused of this crime can ruin your reputation, which is why it's important to retain a professional attorney who can and will protect your reputation along with investigating if the crime really did occur, explains Guisti.

If you find yourself being accused of this crime it's very important to contact our Orange County sex crimes attorney experts at the Law Offices of Michael L. Guisti.

For over a decade we have won dozens of sex crime 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 and get you the best outcome, and so please, call us now.

Cypress, Orange County - Cypress is the latest Orange County city looking to restrict registered sex offenders from city parks and restricting where they could live in that city.

If the ban passes sex offenders wanting to move to Cypress would have to find a place to live in the northwest corner of the city.

While the proposed law would prevent registered sex offenders from living within 2,000 feet of any the city's more than 20 parks or schools or any childcare center the proposed law wouldn't ban sex offenders from visiting parks or schools.

Cypress joins a growing list of other Orange County cities, like Costa Mesa, Huntington Beach, Westminster, and Mission Viejo, looking to restrict sex offenders around parks and other places where children gather.

Santa Ana criminal attorney Michael L. Guisti explains that these cities proposing such bans will need to define the level of sex offenders who are to be affected by such new law, because if the city approves a law banning all sex offenders that could easily include somebody who was caught urinating or a couple who were caught in public doing a little more than making out.

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

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

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

If you are facing a sex crime charge it's very important you contact the Orange County sex crimes attorney experts at the Law Offices of Michael L. Guisti.

For over a decade our legal experts have won major sex crime cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

So please, call us now.

Fullerton, Orange County - Friday night is upon us and that means another round of DUI checkpoints in Southern California.

DUI Checkpoints for Friday, February 22, 2012.

Orange County DUI Checkpoints:

Laguna Woods at an undisclosed location from 6:30 p.m. until 2:30 a.m.

Santa Ana also at an undisclosed location from 7:30 p.m. until 1:30 a.m.

Los Angeles County DUI Checkpoints:

The Los Angeles Police Department will conduct a DUI checkpoint in Hollywood near Universal Studios along Cahuenga Blvd north of Barham from 8 p.m. until 2 a.m.

Pasadena at Fair Oaks near Glenarm St from 7 p.m. 3 a.m.

Inglewood checkpoint at an undisclosed location from 8 p.m. until 3 a.m.

Riverside County DUI Checkpoints:

Hemet will have a DUI checkpoint at an undisclosed time and location.

Do You Know Where Any DUI Checkpoints Are At?

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 I see a DUI Checkpoint Can I Just 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 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 turnaround 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.

I've Been Arrested for DUI! What Do I Do Now?

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.

Mission Viejo, Orange County - A man reportedly took a tow truck on a joyride last Friday night, according to the Orange County Sheriff's Department.

The suspect took the tow truck from a gas station at Crown Valley Parkway and I-5, went joy riding around the area and brought it back to the gas station where he was arrested for California Vehicle Code 10851, The Unlawful Taking or Driving of a Vehicle, according to sheriff officials.

A lot of people understandably think all forms of auto theft, like carjacking, joyriding and grand theft auto, are all the same crime, but they're very different crimes with very different punishments, explains Irvine criminal attorney Michael L. Guisti.

Now joyriding is when you basically take a vehicle that isn't your own, drive it around for a period of time and return it, in which case you don't deprive the victim of their vehicle, says Guisti.

In this tow truck case joyriding is the least severe of auto theft crimes that is typically charged as a misdemeanor, but, Guisti stresses, joyriding can be charged as a felony.

Most joyriding punishments involve large fines and possibly up to a year in jail, says Guisti.

Now if you take a vehicle and keep it for yourself that is grand theft auto and that is typically charged as a felony, which can result in many years in prison, says Guisti.

If you took a vehicle that wasn't yours by use of force or fear you will be charged with carjacking, which is taken very seriously by the courts, says Guisti, and the crime of carjacking typically applies regardless if you allegedly committed grand theft auto or joy riding.

Often what is charged with these auto theft crimes is the crime of auto burglary, which, according to Guisti, is when you enter an unlocked car.

Now let's say you broke into the vehicle and perhaps stole the radio and other items inside the car, but didn't steal the car, you could still be charged with auto burglary explains Guisti.

What is interesting about the crime of auto burglary is to be charged with this crime you must have altered the lock of a vehicle or trunk, and this means if you entered an unlocked car you cannot be charged with this crime, says Guisti.

Being caught using a car that necessarily wasn't yours can cause you a lot of problems, but the Orange County auto theft attorney experts at the Law Offices of Michael L. Guisti.

For over a decade the legal experts at the Law Offices of Michael L. Guisti have won very difficult cases for our clients accused of all kinds of auto theft in the Orange County courts of, Santa Ana, Westminster, Fullerton and Newport Beach.

So please, call us now.

Anaheim, Orange County - A man was arrested at Disneyland this past weekend for alleged assault and battery on a Disneyland security guard in front of Disney California Adventure's Tower of Terror attraction.

(Amateur video showing the incident. Language may not be safe for work.)

Anaheim Police say the suspect, Glenn Horlacher, 53, was apparently drunk and for an unknown reason began assaulting a nearby Disneyland security guard, which was caught on camera and has gone viral on YouTube.

Horlacher was pepper-sprayed repeatedly by guards until Anaheim Police could arrive on the scene and arrest the suspect.

It's very important to understand that literally laying a finger on somebody if done in a harmful matter can invite battery charges, explains Santa Ana criminal attorney Michael L. Guisti.

A lot of people think assault and battery are the same crime, says Guisti, but the main difference between assault and battery is, assault is when you have the ability to harm somebody, and battery is when you physically touch somebody.

Again, Guisti stresses, it doesn't how forceful the touch is, only that you touched somebody in a harmful matter.

In this Disneyland incident reports says the suspect was drunk, and if that is the case it's certainly possible the suspect could also face drunk in public charges, says Guisti.

The crime of drunk in public, explains Guisti, is when you're in a public place under the influence of intoxicating liquor, unable to exercise care for your own safety or the safety of others and you interferes with or obstructs or prevent the use of any street, sidewalk, or other public way.

Even though this happened on private property inside Disneyland the courts have extended "public places" to include amusement parks like Disneyland and Knott's Berry Farm, Guisti explains.

Sometimes in assault cases, especially in domestic violence situations, it's not unusually for the suspect to be charged with criminal threats says Guisti.

Assault and battery cases are very dynamic and can invite several other charges, which is why it's very important to contact the Orange County assault and battery attorney experts at the Law Offices of Michael L. Guisti.

For over a decade the legal experts at the Law Offices of Michael L. Guisti have successful won assault and battery cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

So please, call us now.

Tustin, Orange County - Tustin Police are looking for a group of people they believe are responsible for vandalizing a lighting system outside a store in Old Town Tustin causing about $700 worth of damage.

Police say witnesses reported hearing breaking sounds at about 1:45 a.m. Wednesday and one witness looked out the window and saw a group of about six people described in their 20s to early 30s near where the sounds were coming from.

What is interesting in a lot of cases is that prosecutors and the courts treat adults who allegedly committed vandalism more seriously than teenagers, says Santa Ana criminal attorney Michael L. Guisti.

Don't be mistaken, the courts are harsh on teenagers who allegedly commit vandalism, but when adults are accused of this crime prosecutors typically go for the more harsh punishment, such as charging it as a felony, since adults are suppose to know better, explains Guisti.

It's important to know the cost of the damage resulting from the vandalism can make all the difference whether you're charged with an infraction, misdemeanor or felony, says Guisti.

The threshold to where it could be charged as a felony is $400 or more, and if the damage is around that amount it's important to have a defense attorney who can examine and argue if the damage is really over $400, explains Guisti.

It's very important to understand if convicted of felony vandalism you could face up to three years in state prison, which is why, Guisti stresses, it's very important to retain a professional defense lawyer if there is the possibility your vandalism case could be charged as a felony.

If you've been charged with a vandalism crime in Westminster, Irvine, Fullerton, Santa Ana, Newport Beach, Costa Mesa, Huntington Beach it's very important to contact our Orange County vandalism attorney at the Law Offices of Michael L. Guisti.

We have over a decade of winning cases for our clients and keeping them out of prison, so please, call us now.

Santa Ana, Orange County - A Newport Beach man who pleaded guilty to wire fraud charges after bilking investors out of $2.5 million in an investment scheme is expected to be sentenced by a federal judge this week at the federal courthouse in Santa Ana.

Using different business names to lure potential investors federal prosecutors say Marc Duda used the money given to him by investors and spent it on himself living a lavish lifestyle that included buying airplanes and yachts, rather than investing it as promised.

Federal prosecutors are trying to sentence Duda to 63 months in federal prison while his federal crimes defense attorney is seeking 51 months.

Wire fraud is when you devise a scheme to deprive property, be it physical items or money, using electronic communication explains Irvine federal crimes attorney Michael L. Guisti.

Electronic communications lines can be telephone lines, email, television and even text messaging, says Guisti.

Wire fraud is a very common charge for investment fraud, along with telemarketing fraud, explains Guisti.

What makes wire fraud a federal crime is telecommunication lines are considered interstate wire facilities and, Guisti goes on to explains, even if the fraud was done locally and didn't cross state lines the fact that you used interstate communication facilities is enough to warrant federal criminal charges.

It's very important to understand that all federal prosecutors need to show the federal judge is the existence of the scheme and you knowingly executed the scheme, explains Guisti.

Federal crime cases are very different from criminal cases tried at the county courts in Orange County, Los Angeles, San Bernardino, Riverside or San Diego, and they're a lot of different elements that make up what your sentence will be, among other issues, explains Guisti.

Most importantly, as is the case with most federal crimes the government prosecutors, if you're being accused of a federal crime like wire fraud that means the federal government spent a lot of time, money and resources investigating you, which is why it's so important to retain a federal crimes attorney, says Guisti.

Understand that if sentenced to federal prison there isn't anything like parole, which is also why it's very important to have a federal crimes defense lawyer who can work to reduce your sentence, explains Guisti.

If you're being accused of a federal crime it's very important to contact the professional Orange County federal crimes attorney experts right away at the Law Offices of Michael L. Guisti.

We will work to get you through this and protect your reputation in the federal courts of Santa Ana, Los Angeles, Riverside and San Diego.

Time is important in federal cases, so please, call us now.

Santa Ana, Orange County - The weekend is here and that means DUI checkpoints across Southern California.

Though not as many as last week they're still a handful of DUI checkpoints.

DUI Checkpoints for Friday, February 10, 2011:

Orange County DUI Checkpoints:

In Buena Park a DUI checkpoint will be conducted from 7 p.m. until 2 a.m. at Beach Blvd. and Stanton.

Los Angeles County DUI Checkpoints:

In the South Los Angeles area at Manchester between Main and Broadway the L.A.P.D. will conduct a DUI checkpoint from 8 p.m. until 2 a.m.

In Santa Monica their police department will conduct a DUI checkpoint at an undisclosed time and location.

In Pasadena a DUI checkpoint will be held at an undisclosed location from 6 p.m. until 3 a.m.

In Redondo Beach a DUI checkpoint will also be held at an undisclosed location from 7 p.m. 2 a.m.

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 turnaround and not 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.

Santa Ana, Orange County - A Santa Ana man was found guilty Thursday for first-degree residential burglary, indecent exposure and child annoyance after he broke into a Stanton home, and masturbated in front of a grandmother and her two young granddaughters.

It took the jury at the Central Justice Center about a day and a half to reach the verdict.

Prosecutors wanted to charge the man with assault and battery after police reported he touched the grandmother, but however the man's defense attorney showed the district attorney his client never touched the grandmother nor her grandchildren, and prosecutors dropped charges.

Had the suspect even barely touched the grandmother or grandchildren he could have invited much more serious charges of assault, battery, sexual battery and even lewd acts with a child, says Santa Ana criminal defense attorney Michael L. Guisti.

The crime of burglary is basically when you enter a structure to commit a theft crime or felony, says Guisti.

The crime of indecent exposure is when you expose your genitals with lewd intent, explains Guisti.

It's very important to understand the main element of indecent exposure is if you drew attention to your genitals, and in this Santa Ana case masturbating qualifies as that, says Guisti.

They've been many cases in the past where somebody was charged with indecent exposure for urinating in public, but, explains Guisti, since they weren't drawing attention to their "private area" while going to the bathroom there is no crime of indecent exposure.

Now when the guy in this case was masturbating had he at anytime just touched, if only for a second, the grandmother or her grandchildren anywhere on their bodies he would likely have faced sexual assault charges and lewd acts on a child charges, according to Guisti.

Now if the man threatened to harm the grandmother or grandchildren he could have been charged with assault, and had he just touched either person, no matter the force, he would have been charged with battery, says Guisti.

In a case like this where prosecutors always overcharge it's so important to have a criminal defense attorney who can show the district attorney these crimes didn't occur and the defense lawyer's client is properly charged, explains Guisti.

If you've been arrested for a series of crimes it's so important to contact our Orange County criminal defense attorney experts at the Law Offices of Michael L. Guisti so we can make sure you're not overcharged and work to successfully defend you against your criminal charges.

We have over a decade winning cases and keeping our clients out of prison, so please, call us now.

Santa Ana, Orange County - A Metrolink conductor was assaulted by a passenger Tuesday aboard the commuter train headed towards Fullerton, according to the Orange County Sheriff's Department.

Deputies arrived and arrested the suspect for assault, according to investigators.

Metrolink is a government run agency and that makes the conductor a public employer, which invites charges of assault on a public worker during the course of their duties, explains Santa Ana criminal attorney Michael L. Guisti.

First off it's important to explain the difference between assault and battery, and Guisti explains the main difference is assault is you had the ability to commit a physical attack even though no physical contact took place, and where as battery is when you actually make physical contact with the victim.

Simple assault is punishable by six months in county jail, where as assault on a public employee can result in up to a year in county jail and up to a $2,000 fine, explains Guisti.

In assault cases it's also possible to be charge with criminal threats as well, says Guisti.

We don't know the full story and a professional defense attorney always works on their client's behalf to make sure their side of the story is fairly heard, and to reduce charges from assault on a public worker to simple assault, says Guisti.

Sometimes people tend to get charged with assault as a result of a heated verbal argument that gets out of hand and when police are on the scene it can sometimes be a little blurry where a heated argument ends and assault begins, says Guisti.

If you're facing assault and battery charges it's very important to contact our expert Orange County assault and battery attorneys at the Law Offices of Michael L. Guisti.

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

So please, call us now.

City of Orange, Orange County - Four people have been arrested for charges ranging from attempted murder to assault with a deadly weapon following a stabbing of a teenager outside a high school in Orange on Monday.

Orange Police say an altercation broke out with a group of teenagers after school, and it's unclear what sparked the fight, but when it was all over one teenager was stabbed and taken to the hospital, and two suspects were arrested for attempted murder and two other suspects arrested for assault with a deadly weapon.

The victim's injuries are not life threatening, according to police.

The crime of attempted murder is not as cut and dry as it may seem, explains Santa Ana criminal attorney Michael L. Guisti.

In attempted murder cases,explains Guisti, the prosecution must prove two things, the first that you took at least one direct step towards killing another person, and the second that you intended to kill that person.

Now the direct step is somewhat straight forward in that you use a weapon or pay somebody to commit the murder and act on it, but it's not considered a "direct step," and thus not attempted murder, if you were only in the planning stages, says Guisti.

Now where it can get a little unclear, and where a good attempted murder defense attorney comes in, is during the second step of intending to kill that person, explains Guisti.

They've been many criminal defense lawyers who have successfully argued that their client didn't intend to kill the victim, but only intended to injure the victim, which is often proven by where the wounds are located, such as away from vital organs, according to Guisti.

In that case it becomes assault with a deadly weapon, or assault with a firearm, depending on the type of weapon used, says Guisti.

In assault with a deadly weapon cases it's very important to note weapons aren't just the obvious like a knife, but it can be everyday objects if used in a harmful matter intended to injury somebody, explains Guisti.

If you've been arrested and charged for attempted murder it's very important to call the Orange County homicide attorney experts at the Law Offices of Michael L. Guisti.

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

So please, call us now.

Santa Ana, Orange County - A Seal Beach DUI hit-and-run sent three people to the hospital last Saturday.

Police say three people were bicycling along Pacific Coast Highway when a 46-year-old woman from Alaska was allegedly driving drunk, hit the bicyclists and took off.

The suspect was caught a short time later in Huntington Beach and arrested for DUI and felony hit-and-run, according to authorities.

They're a lot of serious charges this woman could be facing, including DUI with injury, felony hit-and-run and DUI, says Santa Ana criminal attorney Michael L. Guisti.

The crime of DUI with injury is when you allegedly drive under the influence of alcohol or drugs, DUI-Drugs, and you allegedly injury somebody while you were driving your car while allegedly DUI, says Guisti.

Now should one of these bicyclists be deemed to have a life-threatening injury it's very possible this woman could face vehicular manslaughter charge, which, Guisti explains, is when a suspect drives under the influence and commits an act that results or is likely to result in the death of another person.

As to the crime of hit-and-run, Guisti explains, the main difference between that crime being a felony and misdemeanor is felony hit-and-run is when you injury somebody and leave the scene, and misdemeanor hit-and-run is when you damage property and leave the scene.

In certain hit-and-run cases perhaps the car was damaged, but the person wasn't injured, but however the apparent victim changes their story and claims injuries, bumping it up to a felony, which is why if you've been involved in an alleged hit and run it's very important to retain an attorney, says Guisti.

With all this in mind the next question is was the suspect really at or over the DUI limit at the time of the incident, says Guisti.

The suspect may have been below the DUI limit of 0.08% at the time of the incident, which means, if this were the case, she shouldn't be charged with the DUI related crimes, says Guisti.

If you're facing criminal charges as a result of a DUI it's very important that you contact our Orange County DUI attorney expert at the Law Offices of Michael L. Guisti.

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

Please, call us now.

Santa Ana, Orange County- Super Bowl Sunday is here, and law enforcement is responding in kind with heavy DUI saturation patrols for Sunday evening in Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

If you're going to a Super Bowl party at a friend's house or bar here is a heads up on DUI checkpoints.

Orange County DUI Checkpoints

Police agencies throughout Orange County will be performing DUI saturation patrols.

Los Angeles County DUI Checkpoints

A DUI checkpoint is planned for Glendale at an undisclosed time and location.

In Los Angeles the L.A.P.D. will have saturation patrols in their 77th Street area, which includes Athens Park, Chesterfield Square, Crenshaw, Gramercy Park, Hyde Park, South Park- 51st and Menlo, Vermont Knolls, Vermont Park, View Heights.

Riverside County DUI Checkpoints

Lake Elsinore, Riverside and Palm Springs will have saturation patrols.

San Bernardino County DUI Checkpoints

San Bernardino and Redlands will have DUI saturation patrol.

San Diego County DUI Checkpoints

San Diego and San Marcos will have DUI saturation patrols.

Santa Barbara County DUI Checkpoints

If you happen to be in Santa Barbara be advised Santa Barbara Police will have a DUI checkpoint at an undisclosed location between 3 p.m. until 11 p.m.

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 today 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 Santa Ana 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, just as well 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 experts 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.

Los Angeles - Captain Jack Sparrow, Catwoman and a space alien got into a brawl this past week in Hollywood, which left Captain Jack with minor injuries that could result in assault and battery charges.

That is according to the Los Angeles Police Department who say the costumed characters of Hollywood Boulevard who hustle tourists for photographs got into some kind of scuffle in front of the Kodak Theater.

The fight ended with the Captain made famous by Johnny Depp in "Pirates of the Caribbean" being pepper-sprayed by Catwoman, according to the L.A.P.D.

No arrests have been made and the L.A.P.D. is still investigating what the whole fight was about.

These faux superstars of Hollywood may face charges of assault and battery once the L.A.P.D.'s investigation is complete, says Santa Ana criminal attorney Michael L. Guisti.

While for most tourists the characters of Hollywood Boulevard adds on to the kitsch value of Hollywood, but for the city of L.A. these people playing dress-up and asking for photographs have been a thorn in the city's side, which is why if police find wrongdoing they'll likely face such charges, explains Guisti.

The crime of assault is, defined under Penal Code 240, as, "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another," or simply means you didn't physically touch somebody, but you had the ability to carry out the assault, explains Guisti.

Now the crime of battery is when you make physical contact with somebody and it was done in a harmful matter, says Guisti.

Police are still sorting out the details, but with a few people involved in the fight it's possible somebody was trying to stop the fight, otherwise using Mutual Combat, says Guisti.

Mutual combat is a defense when the person who started the fight tries in good faith to stop the fight, made that intention clear and gives the other person the chance to stop fighting, explains Guisti.

In June 2010 the L.A.P.D. aggressively stepped up enforcement on the characters by citing and arresting the masked men and women for charges ranging from panhandling, loitering and harassment, but in November 2010 a federal court judge issued an injunction against Los Angeles Police from harassing and arresting people who dress up like famous people along Hollywood Boulevard on grounds it violated their protected speech.

If you were involved in a fight it's very important you contact our Orange County assault and battery attorney experts at the Law Offices of Michael L. Guisti so we can keep you out of jail.

For over a decade our expert defense attorneys have won cases for our clients accused of assault and battery in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Anaheim, Orange County - Authorities are searching for a man wanting for a home-invasion robbery Thursday morning in Anaheim.

The Orange County Sheriff's Department says the homeowner confronted a man who was attempted to steal birds from the homeowner's backyard, and that is when the suspect pulled out a firearm and invaded the man's home.

At one point the suspect put the gun to the man's head and the man pleaded for his life, at which point the suspect took a computer and cell phone, along with the family's dog, according to the sheriffs'.

They're a lot of serious charges here and the suspect could face up to several years in prison, says Santa Ana criminal attorney Michael L. Guisti.

The suspect will likely face charges of burglary, robbery, firearms charges, assault with a deadly weapon and assault, explains Guisti.

Many people think burglary and robbery are of the same charge and same crime, but they're very different crimes with different punishments, and should you ever find yourself involved in a theft crime it's important to know the difference, explains Guisti.

Now robbery under California law, according to Guisti, is when you take property that didn't belong to you from the owner's personal possession or immediate presence against that person's will using some kind of force or threat. Basically, robbery involves taking something directly from a person.

Now burglary is when you enter a structure with the intent to commit a felony or petty theft once inside, says Guisti.

When a person enters another's person's home to rob them it's burglary since there was the intent to commit theft and/or other crime, according to Guisti.

Now since a suspect illegally entered a residence it's assumed that he/she is going to commit a felony, but, Guisti goes on to say, in shoplifting cases police tend to add on the charge of commercial burglary, but it's not always clear-cut if the suspect intended on committing the crime before entering the store.

Many shoplifting cases are on impulse, meaning a suspect enters a store with no intention of shoplifting, but perhaps an opportunity presents itself and the suspect acts on it, but gets caught, explains Guisti.

Now, Guisti goes on to say, police may ask if the suspect thought about doing this before coming to the store today, and the suspect, unaware of these laws, may just answer "yes" even though he/she had no intent to shoplift before entering the store, but by answering "yes" the suspect now invites robbery charges.

If you've been involved in a theft crime it's important to contact our Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti who can see to it you're not overcharged.

Our expert defense lawyers have over a decade of successful experience winning theft crime cases for our clients in the Orange County courts of Newport Beach, Westminster, Santa Ana and Fullerton.

So please, call us now.

Los Angeles - A Los Angeles school teacher is accused blindfolding and spoon-feeding sperm to his students, and is now facing 23 counts of lewd acts on a minor.

The teacher, Mark Berndt, 61, of Torrance allegedly tied his students up, blindfolded them and told them they were going to play a "taste-testing game," according to authorities, and the students unknowingly were fed the semen.

They've been allegations that Berndt also put semen on cookies and other food item, which the DA is investigating.

Authorities allege that Berndt also put tape around the student's mouths and tortured them by gagging them.

The students are between ages 7-10, according to detectives.

These allegations came to light after a photograph technician at a drug store discovered the photographs of the alleged act after developing them, and the technician alerted police, according to investigators.

Anytime you have allegations of sexual abuse and children it's very best to get a professional defense attorney right away, says Santa Ana criminal attorney Michael L. Guisti.

Now the L.A. District Attorney has said to reporters they plan to file more charges, and it's certainly possible they may try to torture charges, says Guisti.

Authorities have only alleged at this point the substance is semen, but however they're running DNA tests to determine if they can prove what the teacher spoon-fed to the children was what authorities are really alleging, and if there isn't any conclusive proof it is semen then the prosecution is going to have a difficult time proving its case, explains Guisti.

Now what the DA may also end up doing is adding on torture charges, which is the intent to cause cruel or extreme pain for, among other reasons, sadistic purposes, says Guisti.

The problem with adding the charge of torture, Guisti goes on to explain, is one of the elements of the charge of torture is the suspect must have inflicted "great bodily harm," and it's highly debatable whether allegedly unknowingly being fed semen and agreeing to be tied up really qualifies under California's torture laws.

While sex crimes against children are a very unfortunate thing that happens all too often in our society it has resulted in prosecutors overreacting and unfairly overcharging suspects accused of these crimes, says Guisti, which is why it's best to quickly retain a lawyer if you're ever being accused of such crimes.

If you're being accused of a sex crime it's very important you contact our Orange County sex crimes attorney experts right away at the Law Offices of Michael L. Guisti so we can make sure your side of the story is heard.

We proudly have over a decade of experience winning tough sex crimes cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

So please, call us now.