Orange County Criminal Lawyer Blog

Santa Ana Police Dog Bites Robbery Suspect

Fri, 13 Apr 2012 17:37:55 -0800

Santa Ana, Orange County - A Santa Ana Police dog chased down and caught a man who allegedly robbed a woman of her bicycle.

Leopoldo Mondragon, 25, who police suspect is a gang member, was arrested for robbery after he ran from officers, and the suspect was taken to the hospital for dog bites, according to the Santa Ana Police Department.

Police were called a little before 8 p.m. Thursday by a woman who said she was robbed while she was walking her bicycle along First Street near Flower Street, according to Santa Ana Police.

Santa Ana Police say there was a struggle between the victim and suspect, and then at one point the suspect lifted his shirt and displayed his handgun, which afterwards the woman gave her bike over.

Theft crimes are taken seriously, but out of all those crimes robbery gets special attention, because robbery is a crime involves direct contact with the victim, and often the contact is done in a fearful matter using a weapon, explains Santa Ana criminal attorney Michael L. Guisti.

Adding on to the special attention robbery receives is that the crime of robbery is always charged as a felony, as oppose to other theft crimes like shoplifting or burglary, which are "wobblers" and can be charged either as a misdemeanor or felony, says Guisti.

The suspect in this Santa Ana robbery case is also going to likely face firearm charges, says Guisti.

Now simply possessing a firearm that isn't properly licensed and registered to you is a felony and can result up to three years in prison, stresses Guisti.

Possessing an assault weapon is a felony and can result in several years in prison, says Guisti.

Now had the suspect used the firearm on the victim the suspect could have faced assault with a deadly weapon charge, but if the suspect used the gun itself to hit the suspect on the head, for example, then the suspect would still face assault with a deadly weapons charge, explains Guisti.

Depending what was said during the incident if the suspect threatened the victim or to harm her he could face criminal threat charges, explains Guisti.

It's important to point out and show how if you intended to commit just one criminal act it can, often unknown to the suspect, result in several criminal charges, says Guisti.

Most of the time the district attorney will attempt to charge you with the various crimes, but a good criminal defense attorney will work to quickly dismiss these charges, says Guisti.

If you've been arrested for robbery it's very important to contact the Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti right away.

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

Please, call us now.

Southern California DUI Checkpoints for Friday, April 13, 2012

Fri, 13 Apr 2012 16:58:33 -0800

Fullerton, Orange County - It's a rainy Friday, but that isn't going to stop Southern California law enforcement agencies from conducting DUI checkpoints and arresting drivers for allegedly drunk driving.

Here is a list of DUI checkpoints we know of so far in Southern California on this Friday, April 13, 2012.

Orange County DUI Checkpoints

Costa Mesa will have a DUI checkpoint at an undisclosed location from 8 p.m. until 2 a.m.

Los Angeles County DUI Checkpoints

In the Sherman Oaks area at Ventura Blvd and Tyrone, near Beverly Glen, the L.A.P.D. will be conducting a DUI checkpoint from 8 p.m. until 2 a.m.

Santa Clarita will have a DUI checkpoint undisclosed location from 6 p.m. until 2 a.m.

Glendale will have a DUI checkpoint also in an undisclosed location from 8:30 p.m. until 3 a.m.

San Bernardino County DUI Checkpoints

A DUI checkpoint is planned in Fontana at an undisclosed location from 6 p.m. until 2 a.m.

No DUI checkpoints are planned for Riverside County or San Diego County.

Do You Know Where The 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.

Have You Been Arrested for DUI?

For a complete overview on how to beat a DUI and driving drunk charges, please visit our DUI page.

If you've been arrested for DUI or DUI-Drugs please give our Orange County DUI defense attorney experts a call right away at the Law Offices of Michael L. Guisti.

For over a decade of Law Offices of Michael L. Guisti have won DUI cases for our clients in the Southern California courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

Please, call us now.

Santa Ana Raw Egg 'Cleansing' Rape Suspect in Court

Thu, 12 Apr 2012 15:36:28 -0800

Santa Ana, Orange County - A San Clemente man who lured a woman under the pretense of performing a "spiritual cleansing" using raw eggs was arraigned Thursday at the Central Justice Center in Santa Ana on charges of rape and sexual assault.

Alberto Flores Ramirez, 36, is charged with three felony counts, including forcible rape and sexual assault, according to the Orange County District Attorney's Office.

The defendant met the 33-year-old victim through an online dating website, and he offered to perform "a spiritual cleansing on her to get rid of her negative vibes" and the pair met earlier this month at a McDonald's in Santa Ana, according to the DA's office.

After meeting at McDonald's Ramirez drove the victim to a motel, where after asking her to undress he rubbed raw eggs on her body and began fondling her, and soon after restrained the victim to sexual assault and rape her, according to the DA.

Allegations of sex crimes are always very serious, and a lot of people understandably think sexual assault and rape are one of the same crimes, but they're different crimes with different punishments, says Santa Ana criminal attorney Michael L. Guisti.

The crime of rape is when a suspect engages in sexual intercourse with another person against that person's will, or consent, and by means of force, fear, violence, duress or fraud, and also, Guisti explains, if the victim was too intoxicated, unconscious or unable to consent due to a mental or physical disability that is considered rape.

Now sexual assault, explains Guisti, is when a person unlawfully touches another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, but the difference between sexual assault and rape is with the crime of sexual assault there is no penetration.

The other difference between the two crimes is rape is always charged as a felony while sexual assault is a "wobblier" and could be charged either as a felony or misdemeanor, explains Guisti.

In sexual assault charges it's important to note that if you "touched" somebody outside their clothes, even if it was just for less than a second, you can face sexual assault charges, says Guisti.

As a side-note, using the same situation as above, if you "touched" a minor in the same matter not only could you be brought up on sexual assault charges, but you would likely be brought up on charges of lewd acts with a minor, Guisti stresses.

If convicted these crimes carry major prison sentences along with having to register for life as a sex offender.

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

For over a decade our legal defense team has successfully defended our clients against sex crime charges in the courts of, Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

So please, call us now.

Anaheim Couple Pleads Guilty to Robbery and Credit Card Fraud

Wed, 11 Apr 2012 14:25:09 -0800

Westminster, Orange County - An Anaheim couple accused of snatching a woman's purse from her 7-year-old son in front of the Stanton Post Office were each sentenced to two years in state prison Tuesday at the West Justice Center in Westminster.

Jose Guillermo Bermudez, 30, and Christina Amber Bailey, 21, both pleaded guilty to second-degree robbery and a misdemeanor count of credit card fraud.

According to the Orange County Sheriff's Department Bermudez took the purse from the 7-year-old boy while his mother was returning to the car, which Bermudez threw the purse to Bailey, who was waiting in a nearby car, and Bermudez got into the car and both took off.

It's important to understand that unlike other theft crimes robbery is always charged as a felony, and what makes the difference in the prison sentence is if it was first or second-degree robbery, says Westminster criminal attorney Michael L. Guisti.

Many people think and believe robbery is the same as shoplifting and other theft crimes, but, Guisti stresses, robbery is when you take property that didn't belong to you from that owner's personal possession or immediate presence against that person's will using some kind of force or threat.

Since robbery involves direct contact with somebody it's taken a little more seriously, says Guisti.

The main difference between first-degree robbery and second-degree robbery is, first-degree robbery involves robbing people at their homes, robbing a store or bank,, robbing people who just used an ATM, and robbing a Brinks "money trucks," and second-degree robbery is typically mugging, which is basically what happened in this case in Stanton, explains Guisti.

Now credit card fraud isn't a crime in and of itself, but it's covered under California's theft crime laws, says Guisti.

So if you used the credit card and the total came to $950 or less you would be charged with petty theft, but if the credit card charges totaled over $950 you would be charged with grand theft, explains Guisti.

Sometimes in credit card fraud cases you can be charged with forgery if you signed a credit card receipt using the person's name, stresses Guisti.

A lot of people dismiss charges of forgery as nothing serious, but if convicted of felony forgery you could get up to three years in a state prison, Guisti explains.

If you've been arrested for robbery, burglary, shoplifting, forgery, or any theft crime it's very important to contact our Orange County theft crime attorney experts at the Law Offices of Michael L. Guisti right away.

A theft crime could send you to prison for many years, but our legal experts at the Law Offices of Michael L. Guisti have over a decade of experience winning tough theft crime cases for our clients in the courts of Orange County, San Bernardino, Los Angeles, Riverside and San Diego.

So please, call now.

Southern California DUI Checkpoints for Friday Night

Fri, 06 Apr 2012 14:21:42 -0800

Santa Ana, Orange County - It's a major holiday weekend and that means law enforcement will be out in force checking for those who are DUI and DUI-Drugs on the streets and freeways of Southern California.

Several DUI checkpoints are planned for Orange County and Los Angeles.

DUI Checkpoints for Friday, April, 6, 2012

Orange County DUI Checkpoints

La Habra - undisclosed location, 8 pm.-3 a.m.

Westminster - undisclosed location, 9 p.m.-2 a.m.

Buena Park - Beach Blvd and Stanton, 7 p.m.-2 a.m.

Los Angeles County DUI Checkpoints

Baldwin Hills/Los Angeles - La Brea Ave and Rodeo Rd, 8 p.m.-2 a.m.

Whittier - undisclosed location, 7 p.m.-3 a.m.

Santa Clarita - undisclosed location, 6 p.m-2 a.m.

Riverside County DUI Checkpoint

Moreno Valley - undisclosed location, 8:30 p.m.-2:30 a.m.

No DUI checkpoints have been posted for San Bernardino or San Diego Counties.

"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 Santa Ana DUI attorney Michael L. Guisti, and it's not as cut-and-dry as it may seem.

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.

For a complete overview on how to beat a DUI, please visit our DUI page.

If you've been arrested for DUI or DUI-Drugs please give our Orange County DUI defense attorney experts a call right away at the Law Offices of Michael L. Guisti.

For over a decade of Law Offices of Michael L. Guisti have won DUI cases for our clients in the Southern California courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

Please, call us now.

School Board Member Arrested for Pimping and Pandering

Thu, 05 Apr 2012 14:27:28 -0800

Riverside - A Moreno Valley school board member who is already facing two counts of attempted murder was arrested Wednesday on suspicion of rape, along with pandering and pimping charges, a spokesman for the Riverside County district attorney's office said.

Mike Rios, 42, was charged with 11 felonies, including two counts of rape by force or fear, three counts of pimping and six counts of pandering.

The Riverside Press-Enterprise reports that Rios failed in a 2008 campaign for the Moreno Valley City Council, but later garnered the most votes out of eight candidates running in the November 2010 election for the Moreno Valley Unified School District.

These are all very serious crimes, but a lot of people think prostitution, pandering and pimping are one of the same crime, but they're very different crimes with drastically different charges, says Riverside sex crimes attorney Michael L. Guisti.

The crime of prostitution itself covers the male or female selling him/herself for money, and the "John" for solicitation, explains Guisti.

Now pandering, explains Guisti, is when you make available a person, or persons, for prostitution, but you don't collect any money.

Pimping, says Guisti, is when you collect some or all of the prostitutes money.

What is very important to put out, stresses Guisti, is that pimping and pandering are both charged as felonies, where as prostitution is only charged as a misdemeanor.

In pimping and pandering cases it's not unusual to see massage parlor owners, especially during police crackdowns and undercover investigations in Westminster and Garden Grove, arrested for pimping and pandering, says Guisti.

Being charged with solicitation of prostitution or for being a prostitute is one thing, but being charged with pandering and/or pimping is a much more severe crime that could result in years in prison.

If you've been arrested for such a crime it's very important that you contact the Orange County sex crimes defense attorney experts at the Law Offices of Michael L. Guisti right away.

For over a decade our expert sex crimes defense lawyers have won several cases for our clients in the Southern California courts of Orange County, San Bernardino, Riverside, Los Angeles and San Diego.

This is a very serious charge, and so please, call us now.

Long Beach Man Pleads Guilty to Defrauding Seal Beach Investors

Wed, 04 Apr 2012 14:09:58 -0800

Seal Beach, Orange County - A Long Beach man has pleaded guilty to grand theft after he defrauding elderly investors of their money.

John Wesley Martynec, 36, Long Beach told elderly investors in Seal Beach he had ten years of experience in buying and flipping foreclosed homes and reselling them for a profit. Martynec received money from investors claiming it would go towards buying distressed homes, but he never purchase any property, according to the Orange County District Attorney's Office.

Martynec was also convicted of elder abuse.

Martynec faces up to three years in prison and could have his real estate license suspended.

Defrauding investors has become a major priority for Southern California district attorney's officials, and in recent years the DA's office has expanded their specialized fraud investigation unit, explains Santa Ana fraud attorney Michael L. Guisti.

It's important to understand that most fraud crimes, including embezzlement, are covered under California's theft crime laws, says Guisti.

In recent years they've been a lot of high-profile investor fraud schemes, and a lot of them have been tried in federal court, and, Guisti explains, typically for something to be tried in federal court the crime has to involve going over state or international lines.

Had the suspect in this case put the money taken from investors in a bank account in another state or country he could have been charged with federal wire fraud, according to Guisti.

The DA's investigation showed that the money taken from investors was used only in California, says Guisti.

As for the crime of elder abuse, Guisti explains this crime includes physical, emotional and financial abuse, which is why the suspect was charged with this crime.

If you've been arrested or are under investigation for investment fraud you must call our Orange County fraud crimes defense attorney specialists at the Law Offices of Michael L. Guisti right away.

For over a decade the legal defense team at the Law Offices of Michael L. Guisti have won several cases of alleged fraud in the Southern California courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

Please, call us now.

Irvine Man Allegedly Embezzles Nearly $300k In Gold Investment Scheme

Tue, 03 Apr 2012 15:30:59 -0800

Irvine, Orange County - An Irvine man was arrested last week and plead not guilty to 13 felony charges of grand theft after embezzling more than $280,000 from a woman in a fake gold investment scheme.

The Orange County District Attorney's Office accuses William Scott Spalding, 47, of putting the stolen money in personal bank accounts and spending it on very expensive purchases, including a high-end Mercedes Benz and payments on a house.

If convicted, Spalding faces a possible 20 years in state prison.

In the aftermath of the Bernie Madoff scandal the district attorney has been very swift and stern in charging suspects who defraud people, and that means a various theft crimes committed overtime that typically could be, for lack of a better term, consolidated into one single charge are often separately charged, explains Santa Ana criminal attorney Michael L. Guisti.

As a result what could be one single theft charge that could potentially result in a short prison sentence or even time served now results in the possibility of several years in prison, stresses Guisti.

For example, in shoplifting cases where a suspect stole several times from a store the DA may just charge it as one single crime, says Guisti.

Even in a case like this a professional theft crimes defense attorney can can work to reduce charges, explains Guisti.

In the course of the DA's investigation if it's found this money that was allegedly embezzled crossed state-lines for illegal purposes it's very possible the suspect could face federal wire fraud charges, explains Guisti.

If you're facing severe theft charges it's very important to contact the Orange County theft crimes attorney specialists at the Law Offices of Michael L. Guisti right now.

Our goal is to win your theft crime case for you and get you the best possible deal, and our track record shows we've won very difficult, complicated cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Man Pleads Guilty to Pimping Teenager in Anaheim

Mon, 02 Apr 2012 14:10:25 -0800

Santa Ana, Orange County - An Oakland man was sentenced to four years in prison on Monday for pimping a 17-year-old girl to clients over the internet.

Deandre Levon Gant, 22, admitted in his guilty plea at the Central Justice Center that he accepted money from the teenage prostitute knowing that the cash came from sex acts, but he denied knowing the girl was underage.

Anaheim Police noticed details about their arrangement when they arrested the prostitute and checked text messages on her cellphone, according to court documents.

The teenager told Anaheim detectives that she gave Gant thousands of dollars and that he placed ads for her on the Internet and rented hotel rooms for her to host clients, including hotel rooms around the Disneyland area.

It's unclear if the teenager faced any prostitution charges, and it's also unclear if any of the "Johns" will be arrested for solicitation or lewd acts with a minor.

What is interesting is prostitution itself is only a misdemeanor while the crime of pimping is a felony, explains Santa Ana criminal attorney Michael L. Guisti.

The main reason for this has more to do with the fact the many prostitutes who have pimps are often being forced and held against their will to perform sex acts and collect money for their pimp, explains Guisti.

Basically, says Guisti, in this situation prostitutes are seen more as victims than criminals, especially if they're underage, which is why the district attorney is more prone to go after the pimp rather than charging the prostitute.

The crime of pimping is, Guisti explains, when you find customers for a prostitute and then collect some or all of the prostitute's pay or you collected some or all of a prostitute's pay regardless if you found the customer.

A lot of massage parlor owners and managers, especially in Westminster and Garden Grove, get into trouble when they're employees perform "an extra service," and, Guisti explains, these owners and managers may not always know what's going on, but they're arrested because they, often times, collect money from the employees.

They've been cases where massage parlor owners "look the other way" or ignore what's happening, or simply have no idea what's happening, but, Guisti stresses, as long as the employees gave some or all the money over to the owner and/or manager that is considered pimping.

As to the case of prostitutes being underage, sometimes in police investigations if the prostitute, or prostitutes, is underage investigators will try to track down "Johns" and attempt to arrest and charge them with solicitation and lewd acts with a minor, explains Guisti.

In these situations it can be difficult to prove a "John" engaged in the act, but, Guisti stresses, with a lot of prostitution online they're ways to to connect the prostitute and "John."

If you've been arrested for pimping, pandering,or other sex crime you must contact our Orange County prostitution attorney expert at the Law Offices of Michael L. Guisti.

For over a decade we've won difficult sex crime cases for our clients in the Orange County courts of, Santa Ana, Fullerton, Westminster and Newport Beach.

So please, call us now!

Former Democrat Campaign Treasurer Pleads Guilty to Embezzling Millions

Fri, 30 Mar 2012 14:32:49 -0800

Santa Ana, Orange County - Former campaign treasurer Kinde Durkee pleaded guilty to five counts of mail fraud on Friday for embezzling more than $7 million from prominent California Democrats.

Among the elected officials who were victims of Durkee's embezzlement were U.S. Sen. Dianne Feinstein, who reported losses of $4.5 million from her campaign budget; U.S. Rep. Loretta Sanchez, who reported losses of $322,000; State Sen. Lou Correa reported nearly $800,000 lost; and State Assemblyman Jose Solorio, who reported nearly $700,000 lost.

U.S. Attorney Benjamin Wagner told reporters, "This is believed to be the largest embezzlement scheme ever by a campaign treasurer."

Prosecutors believe Durkee should be sentenced to 11 to 14 years of prison under federal sentencing guidelines, and Wagner said his officer will seek the lower end of the sentence.

Durkee was once considered to be a prominent, ideal campaign treasurer.

While this is a significant amount of money stolen from major political players it's important to note that the crime Durkee was charged with was federal mail fraud, says Santa Ana federal crimes attorney Michael L. Guisti.

In California, and on the federal level, embezzlement is not a crime in and of itself, but rather covered under other theft crimes, says Guisti.

Here in California, Guisti explains, embezzlement is covered under grand theft, and even crimes like forgery and fraud, depending on the circumstances.

Now what elevated Durkee's crime to a federal crime is her use of the U.S. Postal Service to commit embezzlement, and any use of the Postal Service for any fraudulent scheme or artifice to intentionally deprive another of money is a federal crime, explains Guisti.

The general rule of thumb for something to be considered a federal crime is the illegal activity has to cross state or international lines, but however, Guisti stresses, using the Postal Service for illegal means even within the same state still qualifies as a federal crime.

Should you find yourself under investigation for a federal crime like mail fraud, wire fraud, tax evasion, or even federal drug crimes, it's very important to understand, Guisti stresses, that federal trials are vastly different from criminal trials at the county level.

For one, there is no jury, only a federal judge who decides your fate, and second, if convicted federal crimes have very severe federal prison sentences and there is no parole, explains Guisti.

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

For over a decade we've won very difficult cases in the federal courts of Santa Ana, Los Angeles, Riverside and San Diego.

On a federal criminal charge you cannot waste time, and so please, call us now.

Five Orange County Men Arrested for Real Estate Fraud

Thu, 29 Mar 2012 17:32:45 -0800

Irvine, Orange County- Five Orange County men were arrested earlier this month for the real estate fraud crime of "phantom help" after allegedly defrauding struggling homeowners who were seeking help, and now they're facing several felony grand theft and forgery charges.

Most of the victims were in foreclosure and this group of suspects, using various false business names, claimed they could stop foreclosure proceedings for an upfront fee, but the men took the fee, typically around several thousand dollars, without doing any work, according to investigators.

The group of suspects told those in distress that if they weren't able to halt the foreclosure then their money would be refunded, according to detectives.

The suspects have been identified as, Jacob J. Cunningham, 24, of Irvine; Justin D. Koelle, 23, of Costa Mesa; Andrew M. Phalen, 25, of Mission Viejo; Dominic A. Nolan, 30, of Irvine; and John D. Silva, 27, of Irvine.

The group went so far, according to investigators, that they allegedly sent out forged "conditional approval" letters to homeowners with forged logos from CitiBank, which directed the homeowners to deposit money in the suspect's bank accounts.

Anybody who is ever accused of ""phantom help" needs to understand the district attorney and California State Attorney General take these charges very seriously and will try to tack on as many charges as possible, which is why it's so important to contact a defense attorney, stresses Santa Ana criminal attorney Michael L. Guisti.

To understand the seriousness of this, explains Guisti, since the "mortgage meltdown" people offering "phantom help" has risen, and the district attorney and State Attorney General have responded by creating specialized units to combat this very issue.

It's also important to understand that "phantom help" isn't a crime in a of itself, but rather is covered under theft crime laws and other laws as needed, such as forgery or even deed fraud, says Guisti.

Something people may not know about is in 2009 a new law went into effect that makes it illegal for any person or business to charge any advance or upfront fee for loan modification services, says Guisti.

One defense that could be used is the person or company was actually providing a real service, but the troubled homeowner didn't get the answer or loan modification they like and blames the business saying "they're a ripoff," explains Guisti.

Sometimes a homeowner is in such a bad situation that there isn't anything a loan modification company can do, says Guisti, but as long as the loan modification company, or single person involved, followed the rules there shouldn't be any problem.

If you or your company is under investigation for "phantom help" crimes it's very important that you contact the Orange County real estate fraud attorney experts at the Law Offices of Michael L. Guisti right away.

You could be facing several serious felony theft charges, along with other charges, which could send you to prison for many years, and ruin your reputation.

The Law Offices of Michael L. Guisti have over a decade of winning real estate fraud cases for our clients in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

Ex-drummer Arrested in Huntington Beach for DUI-Drugs

Wed, 28 Mar 2012 15:08:03 -0800

Huntington Beach, Orange County - The ex-drummer of the rock band Korn was arrested this past Sunday morning in Huntington Beach for DUI-Drugs, DUID, after telling police he took a sleeping pill.

Reports say that David Silveria took the sleeping pill Saturday evening, because he suffers from insomnia.

Silveria and his wife opened up a sushi restaurant in downtown Huntington Beach in 2002 and later sold their share of the business, but records show the musician still maintains a residence in Huntington Beach.

People are always shocked, and usually find out the hard way, that you can be arrested for driving while under the influence of legal prescription medication, says Santa Ana DUI attorney Michael L. Guisti.

As far as the law is concerned the DUID is only concerned with how safely you drive your car regardless if you're under the influence of legal or illegal drugs, says Guisti.

Of course if you were DUID as the result of illegal drugs you will like face drug charges in addition to the DUID charge, and, Guisti goes on to say, for that matter if you took legal medication that wasn't prescribed to you it's very likely you face such drug charges.

Just like a DUI charge, a DUID charge requires a driver's license hearing at the Irvine DMV within ten days of your arrest, which a professional attorney can assist you with.

The thing with DUID is it mainly relies on the observation of the police officer and drug test results, explains Guisti, and that can make it difficult to prove there were any drugs in your system at the time of your arrest.

Typically a drug test confirms the officer's observation, but when a drug test comes back negative it's very difficult for the district attorney to press ahead with charges, because, Guisti explains, the DUID suspect could simply have been tired.

In this case the suspect admitted to taking the medication, which means even if the drug test results come back negative the DA will see it's on record he admitted to taking the medication, says Guisti.

Now what could work in his defense is how long ago he took the medication and at the time of his arrested the effects of the medications wouldn't have affected his driving abilities, explains Guisti.

The suspect probably thought he was doing the right thing by explaining to police why he was driving in a way that caught their attention, but, Guisti stresses, understand that you don't have to tell police you took anything if they pull you over for suspected DUID.

Had this suspect invoked his right to remain silent, and his drug test came back negative, it's very possible he wouldn't be facing any charges, says Guisti.

If you've been arrested for driving under the influence then you must call the Orange County DUID Attorney experts now at the Law Offices of Michael L. Guisti.

For over a decade we've won dozens of drug cases in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

So please, call us now.

Orange County Man Charged with DUI, Hit-and-Run, Drunk In Public

Tue, 27 Mar 2012 14:34:59 -0800

Laguna Niguel, Orange County - An Orange County man was arrested last week for several charges, including DUI, misdemeanor hit-and-run, drunk in public and vandalism.

The incident happened at the intersection of Crown Valley Parkway and Golden Lantern where after hitting another vehicle the suspect allegedly got out of the vehicle and began "acting out," according to authorities.

All charges the suspect faces have been filed as misdemeanors.

There is a perception that a misdemeanor isn't that big a thing, but, says Santa Ana criminal attorney Michael L. Guisti, misdemeanor charges like hit-and-run, DUI and vandalism go on your record and when potential employers run a background check these charges show up.

To the matter of hit-and-run, Guisti explains that misdemeanor hit-and-run is when you hit another vehicle or property causing damage and leave the scene without giving your information. Felony hit-and-run, Guisti goes on to say, is when you injury somebody and leave the scene.

In hit-and-run cases it's not unusual for it to later be charged as a felony when the apparent victim claims to be injured, says Guisti.

Now misdemeanor DUI is typically a first DUI offense, and even still despite it being a misdemeanor charge that can result in loss of your driver's license and very high court fees, says Guisti.

They're some defenses as to whether the suspect was really DUI at the time of his driving, because, Guisti explains, the alcohol is still going through the system and the suspect may not have really been DUI at the time of this incident.

The charge of drunk in public basically means when you're drunk to the point of being unable to care for your own safety or the safety of others and your drunkenness interferes with the free use of public ways, explains Guisti.

The charge of drunk in public can be defended on grounds that maybe you were in the care of friends and not a safety threat, says Guisti

Vandalism isn't just graffiti as this charge could be brought up even if you, for example, hit a wall or fence of a property that isn't yours and cause damage no matter how slight, explains Guisti.

What ever problems you're facing it's always very important to have a professional attorney by your side, and by calling the Orange County criminal defense attorneys at the Law Offices of Michael L. Guisti we'll see to it you get the best possible outcome.

For over a decade the Law Offices of Michael L. Guisti have won hundreds of criminal cases for our clients in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

So please, call us now.

Man Arrested for Auto Theft and Kidnapping in Lake Forest

Mon, 26 Mar 2012 15:37:43 -0800

Lake Forest, Orange County - A man was arrested Sunday morning for grand theft auto and kidnapping after stealing a van, which happened to have a teenager who was asleep inside vehicle.

The Orange County Sheriff Deputies say that the incident occurred near a motel in Lake Forest and, according to witnesses, the suspect just got into the van he thought was unattended and drove off.

The suspect was spotted a short time later on foot and arrested, according to authorities.

It's quite common in auto theft cases where, unknown to the suspect, there is a child or adult perhaps in the backseat and they take off with the car, says Santa Ana criminal attorney Michael L. Guisti, and that always invites kidnapping charges.

One of the big factors in kidnapping charges, explains Guisti, is the victim must have been moved a "substantial distance," but if the victim if the movement increased the risk of physical or psychological harm, no matter how small the movement.

When the suspect took the car and discovered there was somebody in the car perhaps what was said to the suspect increased that risk, says Guisti.

There could be an defense made that the suspect ordered the person out of the car as soon as he discovered that person, but it's very important to note that such a defense may over reduce charges and not dismiss them, explains Guisti, or it possible the suspect could be charged with false imprisonment.

In the case of stealing the van in California they're two types of auto theft laws, Guisti explains, there is grand theft auto, which is when you steal a vehicle and intend to keep it for yourself, and there is "joyriding," which is taking the car for a little while, but not keeping it for yourself.

The sheriff's report says that the suspect was walking when arrested, and so it's possible this suspect's charges could be reduced to the lower "joyriding" charge since it's possible he didn't intend to keep the van, says Guisti.

Of course, Guisti goes on to say, what he told detectives could make all the difference, because it's possible the suspect told investigators he was planning to keep the car, which invites the grand theft auto charge.

As a side note, Guisti explains, the crime of carjacking is when you use violence against another person to obtain their vehicle.

If you've been arrested for an auto theft you must call our Orange County auto theft attorney specialists at the Law Offices of Michael L. Guisti.

For over a decade we've won very difficult criminal 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 possible outcome, and so please, call us now.

Southern California DUI Checkpoints for Friday, March 23, 2012

Fri, 23 Mar 2012 14:08:39 -0800

Santa Ana, Orange County - For some students this weekend is the start of spring break, and Southern California law enforcement agencies are responding in kind with DUI checkpoints.

DUI Checkpoints for Friday, March 23, 2012

Orange County DUI Checkpoints:

In Santa Ana at Main between 1st and 4th Streets from 7:30 p.m. until 1:30 a.m.

Los Angeles County DUI Checkpoints:

The Los Angeles Police Department will be conducting two DUI checkpoints in L.A. Friday night.

The L.A.P.D. will conduct a DUI checkpoint in Koreatown at Vermont and 4th Street between 7 p.m. until 2 a.m.

In South L.A. at Manchester between Hoover and Figueroa the L.A.P.D. will be conducting a DUI checkpoint from 8 p.m until 2 a.m.

Riverside County DUI Checkpoints:

In the city of Perris the Riverside Sheriff's Department will be conducting a DUI checkpoint at an unknown location from 7 p.m. until 2 a.m.

San Diego County DUI Checkpoints:

In the cities of Escondido, Chula Vista and Santee there will be DUI checkpoints in those cities at an undisclosed location from about 6 p.m. until 3 a.m.

No DUI checkpoints have been posted for San Bernardino County.

Ventura County DUI Checkpoints:

Oxnard will have an undisclosed DUI checkpoint from 6 p.m. until 3 a.m.

"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 Santa Ana DUI attorney 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 in Fullerton, Irvine, Westminster, Newport Beach, or where ever in Southern California you were arrested, 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 tests 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, and so please, call us now.