Orange County Criminal Lawyer Blog

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 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.

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.

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.

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.

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 - 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.

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.

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

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

DUI Checkpoints in Orange County:

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

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

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

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

DUI Checkpoints in Los Angeles County:

The Los Angeles Police Department will perform two DUI checkpoints:

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

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

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

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

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

DUI Checkpoints in San Bernardino County:

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

Do You Know of Any DUI Checkpoints?

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

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

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

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

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

As long as you turned around legally and didn't break any traffic laws there should be no reason you should be pulled over, says Guisti, and if you were pulled-over consider contacting a professional attorney right away.

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

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

Our goal is to WIN your DUI case.