Orange County Criminal Lawyer Blog

Irvine, Orange County - Since last month the "Occupy Wall Street" movement has spread around the country and this past weekend at least 1,000 protesters marched on Irvine City Hall with many setting up camp in front of the building.

Irvine officials have said no overnight sleeping will be allowed and those that disobey the order will be arrested.

Irvine criminal attorney Michael L. Guisti explains most people arrested for protesting will generally face infraction charges, or at most misdemeanor trespassing charges.

Depending where these arrests occur it's certainly possible the city attorney or district attorney may not press charges since there could be dozens of such cases and basically it's not worth the court's time, according to Guisti.

Now if you have some kind of criminal record it's certainly possible the DA may be a little more interested in pursuing charges, says Guisti.

Now should charges be filed it's important to retain an attorney, because even though this may seem insignificant you have to understand this is something that will go on your criminal record, says Guisti.

Depending on the outcome of this once some time passes you could have this expunged, according to Guisti.

If you or somebody you know has been arrested in a protest it's very important to contact our Orange County criminal attorneys at the Law Offices of Michael L. Guisti so we can ensure your rights weren't violated and you have a fair hearing in court.

If you've been arrested at any of the Occupy protests or any other protests call our Orange County protest rights lawyer specialists at 888-478-8999.

Santa Ana, Orange County - Two Fullerton Police officers were charged Wednesday in the beating death Kelly Thomas, a mentally disabled homeless man who frequented downtown Fullerton.

The Orange County District Attorney filed a second-degree murder charge against Fullerton police officer Manuel Ramos, who the DA alleges started the lethal beating of a homeless man with the words: "My fists... are getting ready to 'F' you up."

The DA's office also charged Fullerton police officer Jay Cicinelli with involuntary manslaughter and excessive use of force under the color of authority, alleging he joined the beating and tasered Thomas four times.

Santa Ana criminal attorney Michael L. Guisti explains that second-degree murder is basically willful, but is not deliberate and premeditated, where as first-degree murder is deliberate.

In this case the suspect officer wasn't planning nor intending to kill the victim, but the DA believes the officer's alleged excessive force allegedly led to the death of Thomas, says Guisti.

Now they're two defenses the suspect officer's defense team is probably going take, says Guisti. The first is the police officers were acting in self-defense and that Thomas posed a threat to their safety, and such action was necessary. The second is the death was an accident as a result of the self defense, according to Guisti.

Guisti explains if the police officer's defense attorneys can show Ramos had no criminal intent to do harm, wasn't acting negligently, and was otherwise engaging in lawful activity at the time of the killing, then that will serve as a proper, legal self-defense claim under California law.

If convicted Ramos could face between 15 years-to-life in prison.

If you or somebody you know are facing murder charges it's extraordinarily important you contact our Orange County murder/homicide attorney specialists at the Law Offices of Michael L. Guisti at 888-478-8999. We will review your case and get you the best possible outcome so you can move on with your life.

Before you go out tonight keeps a heads up for DUI checkpoints.

Right now there is only one DUI checkpoint in Orange County for the weekend.

On Friday, July 29 Seal Beach Police will conduct a DUI checkpoint at 1st Street and Pacific Coast Highway between 6 p.m. and 3 a.m.

Huntington Beach DUI lawyer Michael L. Guisti explains if you see a DUI checkpoint ahead you have the legal right to turn around and not go through it, however, attorney Guisti stresses, when you turn around just make sure you're not breaking any traffic laws.

Many times, Orange County DUI attorney Guisti says, somebody approaching a DUI checkpoint will suddenly make a U-turn crossing over the double yellow lines, which gives police the right to pull you over.

Guisti says police can pull you over if they think you're DUI.

Newport Beach DUI attorney Guisti says what causes most people to be arrested for DUI was blowing an 0.08% or more during the DUI breathalyzer test, but, attorney Guisti stresses, many of these DUI breathalyzers are flawed, and if your test was flawed there is no case against you. Guisti says DUI breathalyzers aren't designed to take into account a person's weight, height and even diet, which leads to false results and false arrests. In particular, Guisti concludes, DUI breathalyzer equipment can be tainted by the nearby salty ocean air.

Orange County DUI lawyer Guisti also points out that 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 or somebody you know are facing a DUI charge call the Orange County DUI attorney specialists at the Law Office 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.

If you're headed to Santa Ana this Friday evening, June 3, be advised of a DUI checkpoint in the area of 400 N. Fairview St., between First and Fifth streets between 8 p.m. and 1:30 a.m.

Irvine DUI defense attorney Michael L. Guisti wants you to know that when it comes to DUI checkpoints you have rights.

The number one question Irvine DUI defense attorney Guisti is asked, "If I see a DUI checkpoint can I just turn around?"

The answer is, yes!

According to attorney Guisti you have the legal right to drive away from a DUI checkpoint, as long as you don't violate any traffic laws and/or display signs you're DUI. The Supreme Court, Guisti goes on to say, ruled that police cannot just pull you over based on a "gut feeling," but they need to have reasonable suspension, and simply turning away from a DUI checkpoint doesn't constitute reasonable suspension.

That said, Irvine DUI defense attorney Guisti continues, many people turning away from a DUI checkpoint often make the mistake of making a sudden U-turn crossing the double yellow line, which is a traffic violation and now invites a traffic ticket.

Now even if you've turned away legally be advised if you have some minor issue with your car, like a taillight out, you can expect to be pulled over and questioned, according to attorney Guisti.

If you're facing some kind of DUI charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

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 " »

Huntington Beach, Orange County - A family was unlawfully detained by local police at Huntington Beach Best Western. Police were called to the Best Western because someone stated there had been shouting and a possibly gunshot. Police responded to room in question with their guns drawn. Police searched the mother and the father for weapons. The children, who had been staying in the adjoining run walked in. The children were terrified to see their parents being detained by police that had their guns drawn.

The Koscica family claims that the police unlawfully detained them and searched their room for 30 minutes with their gun upholstered. The family is alleging false imprisonment and civil rights violations. The family is also filing a suit against the best western for negligent police report.

Orange County police misconduct attorney recently commented on this article. 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. False imprisonment is just one example of police misconduct. Police misconduct also include jail deaths and injuries, Wrongful death, No-warrant searches, Excessive force shooting victims.

Filing a lawsuit against a government entity like your local police can be very difficult and time consuming. Sometimes the police officer might even try to get immunity from the law suit. Protect your constitution rights. Let an experienced Southern California police misconduct attorney to protect and fight for your rights. Don't let a challenging police misconduct suit intimidate you. Retain a skilled Orange County police misconduct attorney who is aggressive and experienced in Police misconduct cases in court in Orange County, Los Angeles, San Diego, San Bernardino and Riverside.

At the Law Offices of Michael Guisti, our highly experienced attorney will lead you through the confusing legal system to help you protect your rights. If you or a loved one thinks that they have been mistreated by an Orange County police, please contact our Orange County police misconduct attorney at law offices of Michael Guisti at (714)530-9690 for a free consultation or visit us at www.topcalifornialawyer.com.

NEWPORT BEACH, Orange County - An Orange County woman, Joan McCollum, who was arrested for shoplifting filed a lawsuit against the city of Newport Beach for Police Misconduct and wanted $700,000 for the injury caused by city police. She was facing charges of misdemeanor grand theft.

She was arrested for theft crime in Newport Beach 2008. The lawsuit filed against City of Newport Beach stating that after the arrest, she complained of sickness, but Newport Beach police negligently handcuffed her that directly result to her fall and serious neck injury.

If you have been injured as a result of police misconduct or if you or someone you know has been mistreated by the police, and you have suffered a severe injury as a result of police brutality, it is vital to hire an experienced police misconduct lawyer to protect your right by your side.

Under U.S. Constitution of both state and federal laws, police officers should follow reasonable standards of behavior and action. Everyone in this country has the legal right to be treated properly by law enforcement officers. When injuries or deaths result from a failure of police officers to use reasonable care, police departments may be liable for the injuries, deaths and violations of rights.

The police misconduct cases our California Police misconduct attorneys are experienced with included: Jail deaths and injuries, Wrongful death, No-warrant searches, Excessive force Shooting victims

Police misconduct lawsuits can be time consuming and challenging, but if your civil rights have been violated, it is important to seek the legal advice from an experienced California police misconduct lawyer to find out about your options. At Law Offices of Michael L. Guisti, we have been handling such cases for decade and are extremely experienced and knowledgeable about this area of lawsuit for police misconduct in both state and federal level.

Continue reading "Newport Beach woman Sues Newport Beach City for Police Misconduct " »

Orange County Register reports that a Ex-Police officer pleaded guilty in Federal Court on Friday for sexually assaulting a motorist with firearm at a traffic stop in 2007.

In 2007, Felciano Sanchez, the Former Los Angeles Police Officer, forced a female motorist into his police car at a traffic stop and took her to some place, and sexually assaulted her with the force of his gun. He pleaded guilty on this sexual assault in court and also pleaded guilty for using firearm in a violence crime.

According to US Attorney's Office, prosecutors are very serious about this kind of sexual assault crimes committed by a police officer. When law enforcement people like police officer committed this type of violent crimes, no one could tolerate.

The sentence is schedule to be in November. If he is convicted he could be sentenced to 10 years in prison for this violent crime and a $250,000 fine for the sexual assault.

Continue reading "Ex-Los Angeles Police Officer Guilty for Sexual Assault Crime " »