Orange County Criminal Lawyer Blog

Tustin, Orange county - Newport Beach criminal attorneys noticed on the news report today regarding a sex crime happened in Tusin. Tustin man, Shane Carey, was arrested for child pornolgraphy today. He was discovered having images of child pornography in his cell phone as he was checked into jail. The pictures involve minor girls aging from 6 to 12 engaging in sexual activities with adult males. Carey was not found in any of the pictures.

In California, possession of child pornography is a serious felony crime. Under California Penal Code Section 311.11, any person who knowingly possesses images, films, computer software, data storage media, computer generated pictures which contain a person under age of 18 engaging in a sexual conduct, is guilty of a felony. The punishment for possession of child pornography is a fine not exceeding $2500, or imprisonment for one year, or both. A previously conviction for this felony crime can enhance the punishment up to six year in prison.

How can an experienced California defense attorney help you in the California sex crime defense in Orange County, Los Angeles, San Bernardino or Riverside ?

If you or someone you know has been charged or arrested for possession of child pornography, child molestation, child sexual abuse, sexuial assualt, prostitution, rape, or any type of California sex crime or any kind of felony crimes, it is important to consult an experienced California criminal attorney as soon as possible.

Our Orange County criminal attorneys and Santa Ana criminal lawyers in the law offices of Michael L. Guisti will utilize every possible way to minimize and dismiss your charge. Call us today at 714-530-9690 for a free consultation with our skilled Irvine criminal defense attorney or a California criminal attorneys.

Santa Ana- In Santa Ana, located in Orange County, Giovanno Jimenez pled guilty to having unlawful sex with a minor. Jimenez is a volunteer with a local high schools baseball team and their band. It is alleged that Jimenez and the girl would go and have sex at her house when her parents were not home. He pleaded guilty to unlawful sex with a minor and lewd acts on a child. He will serve 60 days in jail and was put on 3 years probation. The judge also issued an order preventing Jimenez from seeing the girl.

A sex crime charge can be one of the most devastating convictions a person can have. Unlawful sex with a minor can be defined in the California Penal Code section 261.5(d). In California this charge is considered a wobbler which means it can be charged as a felony or a misdemeanor. The code states that any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony. If charged a misdemeanor a person can be sentenced to serve less than 1 year in jail, however if you are convicted of a felony you could face up to 4 years in prison. A Santa Ana criminal defense attorney can help a person defend a sex crime charge like unlawful sex with a minor.

Since this charge is a wobbler, what you are charged with will be based on the facts of an individual's case. It is important to hire a skilled Santa Ana sex crime defense attorney to help you defend your criminal charge.

Continue reading "Santa Ana High School Coach has Unlawful Sex with a Minor" »

Irvine- James Neal, an Ex- NASCAR driver was recently released from jail only to return again. He was recently convicted of running from police and was sentenced to jail time and probation. It is alleged by police that Neal went to a woman's apartment in Lake Forest. The neighbors called the police to report a disturbance that was coming from her apartment. When police arrived the women stated that Neil had tried to rape her and would not let her leave her home. He was arrested on suspicion of false imprisonment, attempted rape, and burglary.

Rape and burglary are considered felonies in California. Burglary is defined in the California Penal Code, section 459. It states that any person that enters a dwelling that is inhabited to commit any felony is guilty of first degree burglary and can be sentenced six years in state prison. Rape can be found in the California Penal Code, section 261. It states rape is sexual intercourse that is accomplished without consent through force, fear, duress, fraud, or violence. If convicted of rape a person cold face up to eight years in prison.

Being convicted of a felony is very serious. The punishments for felonies usually involve fines and long prison sentences. It is important to hire an Irvine criminal defense attorney if you are facing felony charges like rape or burglary.

Continue reading "Ex- NASCAR Driver Suspected of Rape" »

Orange County-William Rudd of Fullerton was recently sentenced to six years in prison. It is alleged that Rudd worked for U.S. Agency for international development in Bangladesh. While he was in the county Rudd sexually abused a thirteen year old boy. The government believes that there were more victims. He sentenced to six years in prison and ordered to pay fifteen thousand dollars in restitution. He was charged with illicit sexual conduct in a foreign place.

Crimes like the one mentioned above are considered federal crimes. These crimes are usually more serious and are heard in the Federal Court System. Illicit sexual conduct in a foreign place can be found in the United States Code 18 U.S.C. 2423(c). It states any United States citizen or alien admitted for permanent residence that travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.

Federal crimes are amongst the more serious crimes. It is imperative to someone that is facing a federal crime to hire a skilled Orange County criminal defense attorney that has had experience representing clients in federal court.

Continue reading "Fullerton Resident Convicted of a Federal Crime" »

Orange County- Daniel Roy Smith from Orange County was recently sot by and Anaheim police officer. Smith was outside of a elementary school in Laguna Niguel. The Officers tried to take him into custody when he ran. Smith is accused of sexual molesting two girls under the age of fourteen years old that he allegedly knew. Smith faces lewd or lascivious act with minor.

Crimes like child molestation, rape, unlawful sex with a minor, and sexual assault are considered sex crimes in Southern California. Lewd or lascivious acts with a minor can be found in the California Penal Code, section 288(a). It states Any person who willfully and lewdly commits any lewd or lascivious act, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child.

This charge is considered a felony and is punishable for up to eight years in prison. A person that is facing a sex crime charges should hire an Orange County criminal defense attorney to help them defend their charge.

Continue reading "Orange County Faces Child Molestation Charges" »

Santa Ana, Orange County - Santa Ana man, Roberto Reyes was arrested by the Santa Ana police department for sexual assault. Santa Ana police called him in for questioning after his DNA linked him to an incident where an eleven year old girl was fondled in her room. It is alleged by police that Reyes cut the screen on a bedroom window that had been left open. He went in the girl's room and fondled her while she had been sleeping. At the time the girl could not identify him because her room had been dark. Police where able to gather DNA that put Reyes in the room. He confessed that he had fondled the girl and four other girls ranging in age from eleven to twenty-two. He faces felony assault to commit rape and burglary.

Crimes like sexual assault or sexual battery, child molestation, rapes, and unlawful sex with a minor is considered a sex crime in California. Sexual assault or battery can be found in the California Penal Code section 243.4. It states any person who touches an intimate part of another person while that person is unlawfully restrained by the suspect, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual assault. The punishment for this crime is no more than 1 year in prison and a fine of 2,000.

In Orange County sex crimes are dealt with very seriously. Not only will you have to serve a prison sentence and pay a fine but the court might also order you to register as a sex offender. This will affect your whole life like where you live and where you can work. It is important to hire an experienced Santa Ana sexual assault defense attorney or an Irvine criminal defense attorney if you are facing a sex crime charge.

Continue reading "Santa Ana Resident Arrested for Sexual Assault" »

Sana Ana- Jonathan Jimenez-Gonzalez of Tustin pleaded guilty to sexual assault. It is alleged that Gonzalez sexually assaulted a 18 year old high school girl. The victim was walking home from Tustin High School when the Jimenez -Gonzalez offered to walk her home. The girl declined his offer. Jimenez-Gonzalez continued to follow the girl. He eventually was able to get the victim in a laundry room where he sexually assaulted her. Prosecutors want him to be registered as a sex offender for the rest of his life.

The charge of sexual assault is considered a sex crime in California. Sexually assault or sexual battery is defined in the California Penal Code section 243.4. It states any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. The punishment for this crime is no more than 1 year in prison and a fine of 2,000.

When facing a sex crime it is important to retain an experienced Santa Ana sex crimes defense attorney to help you defend your sex crimes charge.

Continue reading "Tustin Resident Pleads Guilty to Sexual Assault " »

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, Orange County - Our Santa Ana criminal lawyers noticed a news today regarding Tustin sex crime case. A Tustin local gymnastics coach was convicted for unlawful sexual relationship with a teenage girl today. He has pled guilty to felony unlawful sexual intercourse, felony oral copulation of a minor, felony sodomy of a person under 18, felony digital penetration of a minor and felony sexual penetration by foreign object.

Fullerton resident, the Gymnastics teacher, Jason Wayne Scofield, worked at Wildfire Gymnastics located in Tustin. According to the Orange County District Attorney's office, the girl was one of his students. He and the 16 year old girl had sex multiple times in Scofield's car and at his residents in Fullerton. The relationship lasted from February 17 to June 30th of last year.

Scofield joined the army and was relocated to Arizona. While he was in Arizona a friend emailed the parents of the girl and informed them of the relationship Scofield and the girl had. He was transported back to Orange County to face the charges. His expected to be sentenced to one year in jail and three years of formal probation.

According to Orange County sex crime defense attorney, Michael Guisti, Scofield is in violation of California Penal Code 261. 5 which states that unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. A person like him who is convicted of sex crimes should be also required to register as a sex offender.

In California sex crimes are considered very serious and can come with very harsh punishments. Sex crimes can be having unlawful sex with a minor, but there are other sex crimes. There is child molest, rape, other sex crime defense including: child pornography, prostitution, pimping, pandering, etc. Tustin criminal defense attorney Michael Guisti is very experienced in this area of law. He has been able to bring felony sex crimes to misdemeanors. If you or some one you know has been charged with sex crimes, you need to hire an experienced Orange County sex crimes defense lawyer immediately. Call the Law Offices of Michael L. Guisti and make an appointment. Contact us at (714) 530-9690 or visit us at www.topcalifornialawyer.com.

Anaheim, Orange County - An Orange County woman, Christina Esquival, alleges that a man groped her breast while at California's Disney Adventure Park. The alleged incident occurred on the Tower of Terror ride with her daughter when the lights went out, as they always do just before the ride makes an adrenaline-pumping, 13-story drop. After the ride, Ms. Esquival took her own photograph of the suspect on the souvenir photo screen and is asking for help in identifying him.

Under California Law, sex crimes are extremely serious and can require registry as a sexual offender. The Tower of Terror suspect could be charged with Sexual Battery, under California Penal Code Section 243.4. Two types of Sexual Battery exist: misdemeanor and felony. California Penal Code Section 243.4 (e) (1) defines misdemeanor Sexual Battery as the non-consensual touching of the intimate part of another for (1) sexual arousal, (2) sexual gratification, or (3) sexual abuse. Misdemeanor Sexual Battery can be punished by six months in jail, up to a $2000 fine, and requires registration as a sexual offender. Here, the suspect should be charged with misdemeanor Sexual Battery if the prosecution can show that the groper touched Ms. Esquival's breast for sexual arousal or gratification.

If you or someone you know has been charged with a sex crime you need to consult an experienced Orange County criminal defense attorney or Southern California sex crime defense lawyer immediately to protect your legal rights. At Law Offices of Michael L. Guisti, our Los Angeles criminal attorney and Orange County sex crime defense lawyers have deep knowledge in law and extensive experience handling sex crime defense for both misdemeanor and felony sex crime charges, such as sexual assault, sexual battery, prostitution, rape, pandering, pimping, child molestation, child pornography and other crimes in Orange County, Los Angeles, Riverside, San Bernardino and San Diego. At Law Offices of Michael L. Guisti, our goal is to aggressively fight to win you case. To discuss your case with our skilled Orange County criminal defense attorney, please contact our attorney at 714-530-9690 or visit us at www.topcalifornialawyer.com

CYPRESS, Orange County - Cypress Police Department has been contacted by a 17-year-old Orange County boy who reported a sexual assault case happened in Monday early morning. According to the report, the boy was driving in Cypress, and he pulled over on the side street to make a phone call, and he was approached by a man who claimed that he was an off-duty police officer. He sexually assaulted the boy several times during the search. He fled the scene after the assault.

The Orange County sex crime defense attorney and Los Angeles crimina defense attorney Michael L. Guisti has reviewed this case and comments that the alleged man could be charged with sex crime charges of child molestation with the under aged, false impersonation of a police officer, kidnapping, and sexual assault and battery.

Under California law, sex crimes are very serious criminal offenses. If one is convicted of sex crime, the conviction can carry long term prison sentence or a lengthy probationary sentence. Additionally, defendant who is convicted of sex crimes in California is required to register as a sexual offender. The registration has all the information available on the internet for the public

Whether you have been charged in Orange County, Los Angeles, Riverside, or anywhere in Southern California, and either a felony charge or misdemeanor sex crime charges, such as solicitation of prostitution, pandering, pimping, rape, Sexual assault and battery, child pornography, child molestation, Lewd act with a child (molestation); Indecent exposure, and other sex crimes, it is imperative that you seek the legal representation of an experienced Orange County criminal defense lawyer.

Continue reading "Orange County Boy sexually assaulted by man claim to be police " »

WESTMINSTER - Orange County Register reports that an auto mechanic has been charged with sexual assault of five women in 2007 during auto repair service.

Adrian Fuerte, 39, Tustin, pleaded guilty on Monday on felony forcible rape and assault with the intent to commit rape, and two misdemeanor sexual assault and battery and one misdemeanor battery.

He was sentenced to15 years in prison by Orange County Superior Court on Nov. 6.
Fuerte worked as a Mechanic at Econo Lube and Tune in Garden Grove in 2007. During the time, he lured women into his service and abused and assaulted them at the car repairs.

The first case occurred on Oct. 30 when Fuerte was serving on a woman's car and he reported sexually assaulted her, according to Garden Grove police.

There are five women reported the assaults to the Garden Grove Police Department.
All the five sexual assaults were reported to happen in the Garden Grove location.

Misdemeanor Sexual Battery, according to California Criminal law penal code section 243.4, defines as the touching of the intimate part of another without consent of the other person for sexual arousal, sexual abuse or sexual gratification.

Felony sexual battery, under Penal Code 243.4, defines as an act for the sexual purposes as above. Sexual assault can include violent sex crimes, including statutory rape. Sexual battery, different from rape charges, it does not require the offender engage in penetration or sexual intercourse.

Sex crimes are one of the most prosecuted in California and if convicted, the punishment can be very severe, including prison time, fines, mandatory programs, probation, and register as a sex offender.

If you have been arrested or charged with sexual assault in Orange County, Newport Beach, Santa Ana, Fullerton, Tustin, Laguna Beach, Anaheim, Orange, Westminster and all surrounding areas, it is important to consult a qualified and experienced Orange County criminal defense attorney immediately.

Continue reading "Tustin Man Convicted of Sexual Assault at the Auto Repair" »

Orange County - A man was charged with raping 18 years ago has been arrested.

He was arrested for kidnapping the 11 old girl and had imprisoned her for sex purpose for over 18 years. He's facing life in prison.

He had previous criminal record of kidnapping and raping a 25-year-old girl.

He was also charged with kidnapping for sexual purposes; forcible rape; and false imprisonment.

Orange County - A Former Mr. USA and Mr. California from Orange County has found not guilty for the rape charges against him happened in April 2007.

John Livingstone, 52, was accused of raping a woman in 2007 and Riverside Superior Court had charged him with three felonies for raping.

The woman accused Livingstone for raping her. She claimed that she rejected him but he forced her, there was no report of violence or threats.

After a jury trial on Thursday, Livingstone found not guilty of the three felony charges, according to court records information.

Livingstone, from Orange County and worked as personal trainer. In 1982, he won Mr. USA and 1987 he won Mr. California. He also won Orange County Muscle Classic in the 2008.

Under California Criminal Law, penal code section 261, rape is a non-consensual sexual activity. By that defination, if an alleged victim didn't give the consent to the sex act, she could claim she is raped.

Rape is felony and is one of the serious sex crimes that are considered as violent crimes. Rape involves any kind of sexual act forced on someone against her will by means of violence, threat or fear. Rape is usually charged as a felony and if convicted, the punishments are very severe.

If you have been charged with rape or sexual assault charges, it is vital to consult an experienced Orange County Criminal defense attorney or a Rape defense Attorney immediately to make sure that your rights are protected.

Continue reading "Former Orange County Mr. U.S.A. Acquitted of Rape Charges" »