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Orange County Criminal Defense Blog

A Tale in Criminal Justice: STOP! (Kidnapping) In The Name Of Love. Wayne’s Story.

By Michael Guisti on February 18, 2021

Cal Pen Code § 207. Kidnapping defined:

(a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.

One day I was sitting in my office on a late, sunny afternoon when I received a call from a young Vietnamese man. For the sake of this story, I will call him Wayne. Wayne told me that he needed help because the sheriffs were looking for him.

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Posted in: Firm News

Can a DUI Affect My Job?

By Michael Guisti on February 9, 2021

The repercussions of a DUI often set in slowly for a defendant. At first, you may be focused on just keeping your license, avoiding jail time, and paying court fees, but there are further consequences you may have to deal with. While you may try to keep your arrest a secret for fear of hurting your reputation, your employer may eventually learn about your DUI. Even worse, if you are convicted, it could impact your career and ability to find future employment down the line.

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Posted in: DUI

How Do Officers Test for Drugs on the Road?

By Michael Guisti on January 26, 2021

Being accused of using drugs can be a damaging experience. You may be afraid of the criminal implications of these accusations, how they will affect your job, and the impact on your relationships. When you are asked to take a drug test by the police after being pulled over, you may be even more worried by the prospect of a false positive. In fact, if the tests are not handled properly, they could seriously impact your case. That’s why you call a lawyer no matter what.

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Posted in: Drug Crimes

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

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