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Criminal Defense | Orange County Criminal Defense Blog

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

Watch Out, Guardians! Come May 27th, You’re Being Falsely Imprisoned at California Adventure!

By Michael Guisti on April 26, 2017

 

guardians2014’s Guardians of the Galaxy was a smash hit. Appealing to space-action-comedy lovers (apparently, that’s a lot of us), the Marvel-based movie with characters Star-Lord, Gamora, Drax the Destroyer, Groot, and Rocket won over audiences to the tune of $700 million worldwide…and a sequel.

Guardians of the Galaxy Vol. 2 is due for release on May 5, and just a few weeks later, Disney is unveiling its tie-in, brand-new ride at California Adventure park in Anaheim. Guardians of the Galaxy: Mission Breakout may be interactive fun and games for Disney park-hoppers, but it’s also a stellar example of false imprisonment.

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Posted in: Criminal Defense

Mother of Slain Man Files Wrongful Death Suit

By Michael Guisti on March 14, 2017

Just 48 hours after her son was shot to death by Huntington Beach Police, Angela Hernandez was standing in the very spot he died. By her side was Orange County attorney Michael L. Guisti, who announced that wrongful death charges would be brought again the Huntington Beach Police Department.

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Posted in: Criminal Defense

Michael Guisti Comments on Charges Being Dropped in Michelle Hadley Craigslist Case

By Michael Guisti on January 10, 2017

OC Criminal Defense Attorney Michael Guisti answers questions following the press conference announcement of files being charged against Angela Diaz. Ms. Diaz was charged with kidnapping, false imprisonment, perjury, forgery, grand theft, falsely reporting crimes to APD, and framing her husband’s ex-fiancée, causing the victim, Guisti’s client Michelle Hadley, to serve jail time after being arrested and charged.

The announcement was made at the OCDA’s Office in Santa Ana on Monday January 9, 2017 at 11am. For more information, read the full story of the Michelle Hadley Craigslist Case on our site and stay tuned to our Facebook account for the latest news and updates.

Customers and Employees Be Aware of Petty Theft During the Holidays

By Michael Guisti on December 7, 2016

gavel-justiceWith the holiday season almost upon us, the concerns begin to rise of an increase in petty theft crimes. Petty theft is outlined in the California Penal Code Statues 484 and 488 as the stealing of property valued at $950 or less. Shoplifting shares the common characteristics of a petty theft crime, except it has to involve the entering of a business that is currently open during normal hours with the intent to steal. Shoplifting is further defined by California Penal Code 459.5.

The holidays are supposed to be a time for sharing, giving, and joy amongst family and friends. People spend hours in stores, shopping for gifts, purchasing merchandise, and enjoying themselves. However, with the holiday season comes a prime time for petty thieves and shoplifters to take advantage. It is important for both shoppers and store employees to be very aware of the higher likelihood that someone will attempt to commit petty theft or shoplifting.

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Posted in: Criminal Defense

Is the Banning of Gun Sales to Medical Marijuana Card Holders Justified or Just Unfair?

By Michael Guisti on December 2, 2016

marijuanaThe issue of legalizing marijuana has been a contentious topic for some time now. People have debated over the effects that marijuana has on users and because of this, the idea of legalizing it in any form has become a hot-button issue. Only in recent years have we seen some states alter their laws regarding the legalizing of this illegal drug for either medical use, recreational use, or both.

Under current federal law, marijuana is still illegal. Therefore, firearm dealers are allowed to deny a person the purchase of a firearm, even if they have a legally attained medical marijuana card. This legal issue gathered more steam after the ruling in the case Wilson v. Lynch where a woman was not allowed to buy a gun because she possess a medical marijuana card. In the ruling, an Open Letter was sent from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) that basically said that any person who is addicted to or uses marijuana is not allowed to possess firearms or ammunition, even if the state they live in legally allows for marijuana use in medical situations.

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Posted in: Criminal Defense

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