Orange County Criminal Lawyer Blog

Fullerton, Orange County - An auto burglary suspect is sought after breaking into a reported locked car and stealing an off-duty Orange County Sheriff's badge and two handguns Wednesday night, according to authorities.

The incident occurred north of Fullerton in La Mirada at a restaurant parking lot and authorities say it's unclear if the suspect knew of the contents inside the car prior to breaking in.

Fullerton criminal defense attorney Michael L. Guisti explains there are a few issues here in this case, but wants to focus on the crime of auto burglary itself as this crime is actually not as clear-cut as it may seem and misunderstood, because for a charge of auto burglary under Penal Code (PC) 459 the suspect must break into a locked car.

If the car was unlocked or even if the trunk was unlocked, attorney Guisti goes on to say, the suspect cannot be charged with auto burglary, because to be charged under PC 459 the suspect must alter the car's physical condition to gain entry.

Fullerton burglary defense lawyer Guisti says that if a suspect enters an unlocked car and then is caught the suspect can still be charged with trespassing, or if the suspect steals an unlocked car they could still face a grand theft auto or "joyriding" charge.

In many auto burglary cases there could be other charges police and the Orange County District Attorney can add on, such as robbery and petty theft or grand theft if items were stolen from the car, according to attorney Guisti.

The bottom line, Fullerton auto theft defense lawyer Guisti says, if you enter an unlocked car or open an unlocked trunk you're not guilty of auto burglary, but it's what you do once inside the car that invites more serious charges.

If you or somebody you know are facing auto burglary charges or similar charges it's very important to contact an Orange County criminal defense lawyer right away to ensure your rights, protect your reputation and keep you out of jail.

If you're facing any kind of assault and battery charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Orange County, California - Orange County felony crime defense attorney and Los Angeles felony defense attorneys have recently discussed about California felony crimes law on the internet regarding cases such as grand theft, burglary and carjacking charges in Orange County and Los Angeles.

The Santa Ana criminal attorney analyzed a case reported today on Orange County Register. Dominique Kyles, a 20-year-old male was arrested on July 3 for carjacking after being recognized by a police officer during a regular traffic stop. The officer recognizedKyles as the wanted suspect of a May carjacking case. According to the victim, Kyles held a gun at the victim's head and ordered him to step out of the car. Police tried to arrest Kyles afterwards but he managed to flee.

In California, carjacking is a serious felony Theft crime and it is severely punished by law. Under California Penal Code Section 215, a person convicted of carjacking will face imprisonment for between 3, 5 to 9 years.

If you or someone you love has been arrested for felony theft crimes, such as grand theft, embezzlement, carjacking, fraud, insurance fraud, medical fraud, burglary, it is imperative to retain an experienced California Theft crime attorney or Orange County theft crime defense lawyer immediately to protect your rights.

Moreover, use of firearms during carjacking will impose an additional one year sentence under California Penal Code Section 12022 (a)

(1). The following elements must be proved for a defendant to be charged withcarjacking:
1. Defendant took a car of another.
2. Defendant took the car from the immediate presence ofanother. In other words, the owner, driver or passenger were in the car or immediately near the car when defendant took it.
3.Defendant took the car against another's will with the intent to deprive possession.
4.Defendant used force or impose fear on the victim in order to prevent resistance. The use of violence is the major reason for serious punishment for carjacking.

Since the above elements are critical to establish a carjacking charge, an experienced Los Angeles criminal lawyer can rebut the elements and dismiss the charge. Our Orange County attorneys in the law offices of Michael L. Guisti are experts in handling carjacking cases. We will utilize every possible way to achieve the best result possible. Call us today at 714-530-9690 for a free consultation with our skilled California criminal lawyers.

Santa Ana- Anthony Trujillo of Santa Ana led police in a pursuit. Police spotted the vehicle that Trujillo was divining and suspected it to be stolen. After running the plates they found that the car had been reported stolen in Los Angeles. Police tied to pull the car over, but Trujillo sent police on a pursuit instead. When police finally pulled him over, they discovered a loaded gun and a child in the back seat. He was arrested on possession of a firearm, evading police, unlawful taking of a vehicle and child endangerment.

In California crimes like grand theft auto, robbery, burglary, unlawful taking of a vehicle, larceny, and petty theft are considered theft crimes. The unlawful taking can be defined in the California Vehicle Code section 10851 (a). It states that Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing shall be punished by imprisonment in a county jail for not more than one year or in the state prison or by a fine of not more than five thousand dollars , or by both the fine and imprisonment.

In California the unlawful taking of a vehicle is considered a "wobbler". This means it could be charged as a felony or a misdemeanor. The facts of your individual case will determine which one you are charged with. It is imperative that a person facing this crime retain an experienced Santa Ana theft crimes defense attorney to defend you.

Continue reading "Santa Ana Gang Member Caught for Carrying a Concealed Weapon and Unlawful Taking of a Vehicle" »

Santa Ana- A women who resides in Santa Ana was recently the victim of grand theft auto. The victim alleges that she had just parked her car in front of her house. She states that she was getting her three children out of the car when two men approached her. The two men then ordered her to get out of the car. The victim immediately complied with the suspect and grabbed her children. Police state that no one was injured.

Grand theft auto is considered a theft crime in California. It can be found in the California Penal code section 487(d). The code section states that Grand theft occurs when a car is stolen. This situation is unique compared to how most grand theft crimes are defined. Usually grand theft occurs when what is stolen amounts to more than $400, however is a car is stolen it automatically becomes grand theft. It can also be defined in the California 1085 and it states any person who drives or takes a vehicle that does not belong to them and with the intent either to permanently or temporarily deprive the owner of the vehicle. In California this is considered a wobbler, which means it can be charged as either a felony or a misdemeanor. However if the car is over a certain amount of money it could be charged as a felony.

Having a grand theft auto charge on your record is serious. If a person is found guilty of the charge they could face fines, and a jail sentence. It is important to hire a Orange County criminal defense attorney if you are facing grand theft auto charges.

Continue reading "Two Santa Ana Men Commit Grand Theft Auto" »

Westminster- Two off- duty police officers from Westminster have been arrested on the suspicion of carjacking, kidnapping and rape. The two suspects Anthony Orban and Jeff Jelinek attacked the victim at the restaurant she worked at. The woman who lives in San Bernardino County works at the Ontario Mills Mall. The night of the incident, the two suspects approached the victim when she was walking to her car. Orban forced himself into the car while Jelinek watched. Orban held the women at gunpoint and forced her to disrobe. He then brutally raped the victim. Orban then left, leaving his service weapon in the victim's car. Next Orban called the other suspect Jelinek picked him up and took him back to mall parking lot. There Orban called his wife to report the missing gun. When Orban left, the victim immediately called Fontana police to report the incident.

Ontario police questioned the two suspects about the missing guns, but their stories seemed suspicious to the police officers. As the two suspects were being interview, the police officers got a call about the rape. Orban and Jelinek were then identified as the suspects responsible for the rape. Orban is being held on suspicion of kidnapping, false imprisonment, rape, and carjacking.

Westminster police misconduct attorney Michael Guisti has had experience dealing with police misconduct cases and commented on this case. He states that under that United States Constitution, police must conduct themselves in a way that is reasonable and professional. Everyone in this country has the right to be treated fairly by local law enforcement. Orban is being charged with false imprisonment, which is an example of police misconduct. This can be found in the California Penal code 236 and it is defined as the unlawful violation of the personal liberty of another. Police misconduct also includes jail deaths and injuries, Wrongful death, No-warrant searches, and excessive force.

When police misconduct happens, the victim can feel intimidated by the police officer. They sometimes feel that since the police officer holds a position of authority, that they have no options. Its is important to hire an aggressive Irvine police misconduct attorney to help you fight for your rights.

Continue reading "Westminster Detective Arrested on Suspicion of Rape " »

Santa Ana- On Thursday March 18, 2010, a local had her car stolen from a church parking lot. The woman alleges that she went in to church to get her husband who was inside. She left the car running as she went inside of the church. Right before a man had helped the women jump her car because the battery had died. The man that had been helping her, notice two men jump in the running car and drive away. The both of them then chased after the two men and dialed 911. The police found the suspects and tried to pull them over. The suspects refused to stop and lead police in a chase that took them from Santa Ana to Fountain Valley.

The grand theft auto suspects suddenly ran the car into a wall and jumped out to run. Fountain Valley police let go of the police K-9 to catch the suspects. The suspects were finally apprehended by police. The suspects Fernando Balderas and Isai were arrested on the suspicion of grand theft auto, possession of a stolen vehicle, and Balderas was arrested for driving with a suspend license. They are also believed to be members of a gang.

Southern California grand theft auto defense attorney, Michael Guisti, recently read this article and comments on it. He stated that grand theft auto is a very serious offense in California. He goes on to say that is usually means long prison sentences. Grand theft auto is defined in the California Vehicle code 10851(a). It is defined as the taking of another person's vehicle without the consent of the owner to either presently or temporarily deprives them of the vehicle. Grand theft auto is considered a "wobbler" in California. It depends if you were taking it permanently or temporarily. This means that it can be charged as a felony or a misdemeanor. Orange and Los Angeles criminal defense attorney Michael Guisti goes on to say that they could also have a gang enchantment added on if the police discover that they were staling the car for the benefit for the gang.

Continue reading "Santa Ana Gang Members Commit Grand Theft Auto" »

Orange County Register reports that two Riverside teenage girls who murdered a woman for using her car to go to an amusement park were convicted of first degree murder, kidnapping and carjacking on Monday.

Anna Salinas, 15, and Dayana Cordova, 16, murdered a young woman Arias in Oct, 2007 and both prosecuted as adults and had separate juries. The sentencing is set for Sept. 11.

Salinas, now 17, convicted of murder on Monday. The jury of eight-woman, four-man also convicted her of child abuse and gun use.

Salinas was 15 when murder happened, as a shooter, she could be sentenced to 53 years in prison.

The co-defendant, Cordova, could go to prison for life, without the possibility of parole, because a special circumstance allegation of murder during a carjacking was brought against her. Due to the fact that they are minor then, they didn't get death penalty.

The two teens killed the woman because they want to take her car to go to Knott's Berry Farm in Orange County.

The jury got so shocked and disturbed when they viewed the video of the girls who were left alone in an interview room at the sheriff's office. They laughed about the events of the killing and the shooting while they were eating burgers and drinking sodas .

The two teenagers will face life in prison when they get back to court for sentencing on September 11.

According to California Penal Code Section 190.2, "the penalty for a defendant who is guilty of the first degree murder is death penalty or life imprisonment without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true":

(1) The murder was intentional and carried out for financial gain.
(2) The defendant was convicted of a first or second degree murder before.
(3) The murder was committed by a destructive device, and the defendant knew that his/her act would create a risk of death to another person.

Some violent crimes or felonies committed by a juvenile can be treated as an adult and the case will be filed in adult court. These kind of cases are usually considered as the most violent crimes or a case that a juvenile had a serious criminal history.

It's going to be the prosecutor and the judge's decision whether to file the juvenile case in adult court.or not. A quality work from a Juvenile criminal defense attorney can make the result vary significantly. Having an experienced juvenile defense attorney to work by your side can make the difference in the criminal defense process.

If you or your loved one has been arrested for murder, homicide or manslaughter, you should consult with an aggressive Southern California Criminal Defense attorney immediately.

Continue reading "Riverside Teens Convicted of Murder Face Life in Prison" »