“If there is one characteristic that defines me, it is my belief in human dignity, my belief that my client's life is just as important now as it was on the day they were born.” - Michael Guisti

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Orange County Criminal Defense Blog

How Can You Protect Yourself from Fraud? When Should You Retain a Lawyer?

By Michael Guisti on June 10, 2019

adult-blur-camera-598917The headlines surrounding actor Jussie Smollett shed light on the difficulties surrounding an accusation of fraud. Smollett’s case triggered a firestorm of reactions from celebrities and the public, initially due to outrage over the assault, quickly followed by shock and more outrage when accusations that the assault had been orchestrated by Smollett himself surfaced. What actually occurred remains uncertain, but the actor has already experienced life-changing consequences, and his reputation may be permanently destroyed. Read the rest »

Posted in: In the News

Should Taser Laws Change? Chula Vista Death Launches Investigation

By Michael Guisti on March 25, 2019

accident-barrier-caution-923681The Chula Vista Police Department is investigating the recent death of 29-year-old Jason Watts. Back in October 2018, Watts died after being subjected to a Taser in a confrontation outside of a 7-11, NBC San Diego reports. Unfortunately, this is just one of several cases being investigated in California.

Police departments present the weapon as a non-lethal alternative to guns and other firearms for subduing potential criminals. But, with 49 related deaths being reported in just the last year alone, is it as “safe” as they claim? Read the rest »

Posted in: In the News

New Jersey Breathalyzer Gaff Prompts Question: Can Tests Be Inaccurate?

By Michael Guisti on February 19, 2019

test-337369_1920We’ve all seen one in action, whether in a dramatized commercial discouraging drunk driving or in real life. Breathalyzer tests are widely used by police officers to detect alcohol in an individual’s breath. The concept is simple: you put the device into your mouth and blow, and a number displays that either lets you go on your merry way or puts you in the backseat of a cop car. Read the rest »

Posted in: DUI

Well-Known Forensics Science Lab Possibly Mixes DNA Samples

By Michael Guisti on January 22, 2019

pharmaceutical glass bottles production lineYikes. Last October, Forensic Magazine reported the latest development in a string of DNA contamination cases by Utah-based forensics lab, Sorenson Forensic. Labs like Sorenson help police forces compare DNA obtained in a crime scene (or evidence kit) against a state database of DNA samples from convicted offenders and arrestees (depending on the state you reside in). This is called the Combined DNA Index System (CODIS). A “hit” in CODIS could result in the linking of perpetrators and multiple crimes. Read the rest »

Posted in: In the News

Former Garden Grove Woman Avoids Seven-Year Sentence

By Michael Guisti on April 9, 2018

crime-handcuffs_412951If you’ve made a mistake and committed a crime, all is not lost. Humans make mistakes, and our California legal system has provisions that give a person a second chance. There may still be consequences, but they will probably be less severe if you have an experienced legal advocate on your side.

Take the case of a woman who formerly served as president of Garden Grove Little League. Read the rest »

Posted in: Theft Crimes

New Claims in Orange County Jail Death Case

By Michael Guisti on March 4, 2018

pexels-photo-340585The Orange County jail system continues to disappoint Southern California, many months after the death of Danny Pham.

Pham, an inmate, was killed in an OC jail cell in July of 2017. Attorney Michael Guisti filed a wrongful death claim on behalf of Pham’s family against Orange County in January 2018, which alleges that the OC Sherriff’s Department placed Pham in a cell with an admitted double-murderer, who then strangled him. In addition, the jail staff did not follow protocol in housing locations and mandatory cell checks, only discovering the murder three hours later. Read the rest »

Posted in: Firm News

When “Swatting” Goes Wrong

By Michael Guisti on February 26, 2018

police-275875_1920Just a few years ago, the Internet was filled with kids shoving spoonfuls of cinnamon into their mouths. Now, some have switched cinnamon out for Tide pods. Many outlandish trends are emerging in this digital age, and a truly dangerous one has erupted—swatting.

So, what is swatting? Read the rest »

Posted in: In the News

Mom Tried to Stop Bullying, Now Facing Felony

By Michael Guisti on February 18, 2018

woman-1006102_1920 (1)What would you do to protect your child?

That question, no doubt, crossed the mind of Virginia parent Sarah Sims. Her daughter was being bullied by other children at school. Sims contacted the school, located in Norfolk, but never got a response. Read the rest »

Posted in: In the News

Time for Super Bowl Parties (and DUIs)

By Michael Guisti on January 29, 2018

pexels-photo-270085Break out the nachos, chicken wings, and beer! It’s Super Bowl time! Time for you to watch silly commercials while cheering on your favorite team—or the one that offends you less. For you non-sporty folk, it’s time to play fun drinking games, like drink every time a celebrity randomly pops up in a commercial, or drink every time Justin Timberlake goes for a high note. Whatever else you do on Super Bowl Sunday, try not to drink and drive. Cops are on the lookout, and they have quotas to meet. Read the rest »

Posted in: DUI

Florida Cops Mistook Doughnut for Meth

By Michael Guisti on January 12, 2018

glazed-donut-992767_1920You read that right. It sounds like a scene from a comedy with Seth Rogen and James Franco, but it was very real for 64-year-old Daniel Rushing of Orlando, Florida.

And the icing on the cake (doughnut)? This isn’t the only time cops have mistaken a harmless substance for drugs! A similar situation happened again to another Floridian, Karlos Cashe, earlier in 2017. Read the rest »

Posted in: Drug Crimes

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