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.
Orange County Criminal Defense Blog
Responding to a Domestic Violence Restraining Order
The interpersonal relations of spouses, sexual partners, and families can become heavily charged with emotion and stress during economic and civil unrest. In some cases, this culminates in domestic abuse and violence—but there are always two sides to each story. Domestic violence restraining orders are not always distributed fairly, and they may be unjustly enforced if a defendant does not have a strong legal defense or is unaware of the requirements of the order.
Are Other Officers Liable for Not Stopping Police Brutality?
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.
Exceptions and Defenses Against the Three Strikes Law
For over two decades, California’s criminal justice system has used the Three Strikes Law to extend the sentencing of defendants. Despite multiple debates and arguments against habitual offense laws, this law is commonplace in criminal trials and can easily impact your future if an Orange County court convicts you of a serious or violent felony.
California’s Executive Order on State Prisons and Parole During COVID-19
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.
The Difference Between Manslaughter Charges
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.
Claiming Self-Defense in an Assault Case
Let’s say that someone attempted to mug you on your way home or attacked you at a party and you chose to fight back to defend yourself. However, after this incident, the other individual claims that you accosted them and are charging you with assault. At this point, you and your criminal defense attorney may consider it a case of self-defense. But what does that mean legally? How do California courts assess self-defense?
Misdemeanor Hit and Run Explained by Michael Guisti
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.
Michael Guisti Defending Nurse Charged with Murder in OC
Michael L. Guisti has accepted yet another case that is making headlines across two states. His client, Kristie Jane Koepplin of Peoria, Arizona, is a registered nurse who is being blamed for the death of a San Clemente man. Read the rest »
How Can You Protect Yourself from Fraud? When Should You Retain a Lawyer?
The headlines surrounding actor Jussie Smollett shed light on the difficulties surrounding an accusation of fraud. Smollett’s case triggered a firestorm of reactions from celebrities and the public, initially due to outrage over the assault, quickly followed by shock and more outrage when accusations that the assault had been orchestrated by Smollett himself surfaced. What actually occurred remains uncertain, but the actor has already experienced life-changing consequences, and his reputation may be permanently destroyed. Read the rest »
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.
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