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Orange County Criminal Defense Blog

The Statute of Limitations on Shoplifting Charges

By Michael Guisti on December 29, 2020

Being accused of shoplifting is a frightening experience, even if you have not been charged with a crime yet. You may walk around with the fear that one day the police will show up at your home or work and slap handcuffs on your wrists. You may wait weeks, months, or even years before being charged with a theft crime, but it is never too late to start working on your defense. In some cases, you may even be surprised to discover that you have passed the statute of limitations for a shoplifting charge.

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Posted in: Theft Crimes

How California Courts Handle Child Endangerment in Reckless Driving Cases

By Michael Guisti on December 17, 2020

California has strict laws regarding the safety of children, taking any situation where a child is harmed – or potentially harmed – extremely seriously. While a criminal court can level hefty charges against anyone who harms or abuses a child, juries also convict parents and guardians who put children at risk of suffering an injury. Referred to as child endangerment, these cases involve exposing a child to drugs, poorly supervising them at a pool or beach, and even reckless driving.

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Posted in: Criminal Defense

What Is Formal Probation?

By Michael Guisti on December 3, 2020

Even after you have been convicted of a crime, the court may grant you probation, or a suspended sentence, that allows you to leave prison early. Even though probation means you get to leave prison, you may still have to abide by strict rules and regulations that heavily impact how you live your day-to-day life.

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Posted in: Criminal Defense

Understanding a California Homicide Charge

By Michael Guisti on November 26, 2020

The terms murder, manslaughter, and homicide are often used interchangeably, but there are important differences between each of them under the law. These differences can range from the intent behind your actions to the circumstances of a victim’s death. In fact, these differences could be vital to avoiding a life sentence in California.

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Posted in: Criminal Defense

What Is OC’s New Leaf Program?

By Michael Guisti on November 19, 2020

Even after you have served time for a criminal charge, you may still pay for those crimes for years to come. Employers, housing managers, and other businesses can run background checks on you to determine if you committed a crime. If they do dig into your criminal record, they may decide that you are too dangerous to employ or be allowed to apply for housing without even getting your side to the story.

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Posted in: Criminal Defense

Yes, You Have to Return the Wallet You Found on the Ground

By Michael Guisti on November 12, 2020

Given how often each of us loses our keys or phones in our own homes, it is just as easy to lose something at a shop, café, or bar around Orange County. Who hasn’t had to ask a cashier or manager to check the lost and found? But on the opposite side of this issue is what you should do when you find lost property. While you may think of the children’s saying “Finders Keepers, Losers Weepers” when you find a random wallet or phone on the ground, you do have a legal responsibility to contact the owner.

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Posted in: Theft Crimes

Falsely Charged With COVID-19 Healthcare Fraud? We Can Help

By Michael Guisti on October 29, 2020

At the start of the pandemic, multiple government agencies, including the FBI, warned of the potential threat of health care fraud. From fake COVID-19 testing kits to miracle treatments, there are several ways that a healthcare provider can exploit a crisis and falsely charge patients for treatment or overcharge insurance companies for coverage. However, the healthcare industry is extremely complicated, especially in a state as large as California; and while fraud may be rampant, many healthcare professionals may inadvertently end up on the wrong side of the law for an honest mistake.

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Posted in: White Collar Crimes

Lying About COVID-19 Only Makes Matters Worse

By Michael Guisti on October 15, 2020

The COVID-19 pandemic has brought out the desperation in several individuals. The scarcity of supplies led to fights in grocery stores, the recession has driven everyday citizens to shoplift, and there have been reports of unemployment fraud across the country. One of the most damaging crimes that have come out of this healthcare crisis is individuals lying about COVID-19, often to avoid being arrested by the police. However, this can easily lead to far more serious charges.

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Posted in: Criminal Defense

Receiving Stolen Property at Swap Meets

By Michael Guisti on October 1, 2020

Swap meets are extremely popular across Orange County and some people even make a decent living traveling across the Southwest to various meets to sell handmade goods. While many swap meets host a lively community of artists and craftsmen, it is not uncommon to see unpackaged goods at these events. Some may be perfectly legitimate third-party retailers and dealers selling wholesale products, but there is the real possibility that they are peddling stolen goods.

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Posted in: Theft Crimes

Protesting vs Disturbing the Peace

By Michael Guisti on September 17, 2020

The recent protests across the United States following the death of George Floyd have led to numerous discussions about the extent of local, state, and federal jurisdiction. Oftentimes, law enforcement will arrest and charge protestors for disturbing the peace and even going as far as saying that the suspects were inciting riots. However, there are several key differences between disturbing the peace and peacefully protesting that an attorney can take into account when advocating for a defendant’s rights in the state of California.

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Posted in: Criminal Defense

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