“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

Tap to Call (888) 478-8999
Our Legal Team Is Standing By
Home Articles Tis the Season to Be Silent

'Tis the Season to Be Silent

Since it is the Christmas season, I am going to share my three Christmas wishes with you:

Christmas Wish Number Three: A Cholesterol Free Prime Porterhouse Steak

Christmas Wish Number Two: World Peace

Christmas Wish Number One: Clients Who Don't Talk to Anybody

Almost all my clients ask me to get their case dismissed. I would like nothing better. It makes my client happy and it helps me get new clients. However, in most cases where the police have already contacted my client, my client gave a statement. I always wish that my clients had remained silent.

You are the best witness against yourself….Really?

Absolutely. Read this very carefully: The Miranda warning does not contain the words "anything you say can and will be used against you" just to give you a heads up. Your statement is often the BEST (#1, top of the heap) evidence against you. Any statement you make gets admitted into evidence. If you admitted to something related to your crime such as:

  • "I didn't hit my wife very hard"
  • "I don't know why I took the purse without paying for it"
  • "I just wanted to get the money out of the register but she tried to stop me"
  • "I knew she was 15 when we had sex, but it was her idea"

You just gave the prosecutor very good evidence of domestic violence, shoplifting, robbery, and sex with a minor.

Once you incriminate yourself, the prosecutor has no motivation to dismiss your case because if the case goes to trial, then your statement is read to the jury and it is used just as if you testified to it in court.

However, if you remain silent when the police contact you, then the prosecutor may be missing a crucial piece of evidence. Remember, I don't need to prove that you are innocent. I just need the jury to find that there is reasonable doubt as to your guilt. When my clients remain silent, I have much more to work with in creating and arguing reasonable doubt. In cases where I was able to keep my clients from talking to the police, the majority of the cases dismissed before filing.

What if they don't give me the Miranda warning?

Most statements are given voluntarily. The favorite phrase that police officers like to use is: "Don't you want to give your side of the story?" Police officers are almost always polite. They seem like they want to help you. They tell you that you don't have to talk but you can do so voluntarily. In many cases, the police don't have enough evidence unless you give it to them.

This last summer I tried a case involving a serious felony. Before my client ever met me, he gave the police four hours of audio and video recorded statements. During the trial, I got the officer to tell the jury that my client would never have even been arrested if he remained silent and did not speak. In that case my client spoke voluntarily. He could have avoided the whole case by keeping his mouth shut.

"I wanted to tell them something to help my case."

There is nothing you can say to help yourself. The police are thoroughly trained to twist your words against you or even lie about what you said. Once the officer puts your statement in a report, then you have to convince a jury that the officer is misstating the truth. GOOD LUCK ON THAT ONE.

My Christmas Wish for You:


Silent night, Holy night

Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.

(714) 530-9690

Payment options available:

Payment options available:

Client Reviews

“It was strongly recommended that I call federal defense attorney Michael L. Guisti. He had several investigators look at records and such, and my federal case was dismissed. Michael Guisti does what few attorneys can do, beat the federal government, and that is why if you’re in trouble with the government you need to call Michael Guisti right away!”

- G.O. on


“I had everything to lose, my future, my education. Basically I did something that got me a misdemeanor, and the judge wanted to give a guilty plea. But Michael Guisti would not back down. Instead he fought for me, and now my record is clean.”

- Client on


“Back in 2003 I was facing attempted murder. My family hired Michael Guisti to represent me. He is a very good attorney. He always answered my calls, addressed my questions and concerns, and kept me updated about my case. Thank you Michael Guisti for winning my case. I highly recommend anyone facing a criminal charge to see Michael Guisti.”

- J.D. on


Case Results

sex crimes

Case Dropped

Young man charged and arrested for sexual battery.


Case Dropped

Man charged with assault with a deadly weapon for hitting someone in the face with a heavy metal dust pan.

drug crimes

Served Less Than 30 Days in Jail

Young man charged with selling 1000 tabs of ecstasy to undercover officer.

Attempted Murder

Reduced to Assault With Deadly Weapon

Young man knocks the eye out his victim with a metal pipe. Charged with attempted murder and aggravated mayhem. Both cases carried life sentences.

Assault & Battery

Serves 80 Days on Work Furlough

Woman arrested and charged with assault with a deadly weapon using scissors on a co-worker.

Vehicular Assault

Serves 80 Days on Work Furlough

Man charged with three felony counts of vehicular assault with a deadly weapon.


Read Our Important Announcement About COVID-19

Dear valued clients, due to the COVID-19 virus and out of respect for the community, our office is offering our services remotely via phone and video. Please call or email us through our web contact form and we would be happy to discuss your case. Watch Michael L. Guisti's COVID-19 Public Service Announcement.

Schedule My Consultation

Orange County Criminal Law Firm Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Copyright © 2024 All Rights Reserved. Law Office of Michael L. Guisti. Serving clients throughout Orange County, including: Irvine, Newport Beach, Santa Ana, Fullerton, Westminster, and Costa Mesa.