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Criminal Defense | Orange County Criminal Defense Blog

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

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

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

Are Other Officers Liable for Not Stopping Police Brutality?

By Michael Guisti on July 8, 2020

The recent protests throughout the United States, including those here in Orange County, denouncing the actions of Minneapolis police officers have driven many politicians to push for serious police reform on a local, state, and even federal level. While these various proposals and reforms have focused on reevaluating how officers respond to 911 calls, changes to police budgets, new procedures, and more oversight into police misconduct, there is still the matter of how officers should conduct themselves when police brutality does occur. Misconduct and brutality do not occur in a vacuum, and many officers are taught these behaviors and practices throughout their training and careers.

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Posted in: Criminal Defense

California’s Executive Order on State Prisons and Parole During COVID-19

By Michael Guisti on May 15, 2020

As the effects of COVID-19 has begun to impact not only the health and safety of California residents, but also our economy and social systems, our state Governor Gavin Newsom has enacted new regulations for prisoners and parole. Prisons are a breeding ground for outbreaks, as many inmates have limited health care options, are packed into close quarters, and live in unsanitary conditions. To respond to such events, the California Department of Corrections and Rehabilitation (CDCR) utilizes infectious disease response plans to limit the spread to at-risk groups and contain any infections among inmates, but the governor has also expanded their authority to modify sentencing for inmates in state prisons.

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Posted in: Criminal Defense

The Difference Between Manslaughter Charges

By Michael Guisti on April 2, 2020

A charge of manslaughter is a serious offense in California, which can conclude with a strict sentencing of multiple years in a California state prison and significant fines. Many may conflate this charge with murder, but they are actually two separate offenses, but both carry very severe sentences. California penal codes highlight a variety of different manslaughter charges and understanding their differences is vital to building a solid defense case.

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Posted in: Criminal Defense

Misdemeanor Hit and Run Explained by Michael Guisti

By Michael Guisti on February 4, 2020

California Vehicle Code Section 20002 tells you what to do if you have an accident. If you don’t follow the instructions clearly, then you have committed a hit and run. In the 20 years that I have been practicing there are certain cases that come to me in a steady flow. Hit and run cases come to us on a regular basis, and I have personally worked on hit and run cases where clients didn’t fully understand what constitutes a hit and run, like the War Story at the end of this article.

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Posted in: Criminal Defense

Is Social Media Making Crimes Worse?

By Michael Guisti on October 30, 2017

social-1989152_1920Social media has become an integral part of many people’s lives today, for better or worse. While some people love how it connects them to their communities (or to the Kardashians and other celebrity favorites), others see it as one of society’s biggest disappointments. It’s a polarizing topic for sure, especially when you think about the implications it has on our culture. Read the rest »

Posted in: Criminal Defense

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