Law Office of Michael L. Guisti

01/20/2022

We cannot stress enough the importance of conducting yourself per the restrictions imposed by a restraining order. Regardless of the strain and personal difficulties a restraining order may bring, your actions must not hinder your case. Many restraining orders are overturned by following the correct processes, and even in these challenging times of mandatory isolation, you always have a chance of winning your case—but only by following the rules. Learn more by clicking the link below.

https://www.topcalifornialawyer.com/blog/domestic-violence/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 order...

01/12/2022

Anything suspected by the authorities to be an item that aids in the use of an illicit substance can be considered paraphernalia. California Health and Safety Code 11364 specifically states that it is illegal to own or possess any item “used for unlawfully injecting or smoking a controlled substance.” Unfortunately, this could mean a wide range of everyday items that most families have in their home. Anything from a small spoon to a rubber hose could be considered “paraphernalia” in the wrong circumstances. The prosecution must prove that the “paraphernalia” in question is, in fact, yours. Learn more by clicking the link below.

https://www.topcalifornialawyer.com/drug-crimes/paraphernalia.html

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12/30/2021

Due to the broad nature of the law, innocent parents or caretakers can face hefty prison sentences in child endangerment cases. Even if your actions were a simple mistake, an Orange County court may still want to put you behind bars and restrict your right to see your child. Do not let your relationship be destroyed by a criminal case. Instead, trust the dedicated legal team at Law Office of Michael L. Guisti, where our lead attorney can employ several defenses on your behalf. Learn more by clicking the link below.

https://www.topcalifornialawyer.com/criminal-defense/child-endangerment.html

12/28/2021

When one is convicted of a felony and placed on felony probation, the court is allowing him or her to serve their sentence in the community instead of in prison; however, felony probation may include incarceration. Felony probation or “formal probation” typically lasts between three and five years. If you violate any of the terms of your probation, the judge can revoke the probation and send you to a California state prison to serve out the original sentence. Learn more by clicking the link below.

https://www.topcalifornialawyer.com/habeas-corpus/sentencing-and-probation.html

12/09/2021

Although most traffic crimes result in simple infractions, which can lead to no more than a minor fine and point on a driver’s license, serious traffic crimes can also lead to lengthy sentences in a county jail or state prison. California has strict laws regarding driving while intoxicated, including enhancement penalties that can turn a misdemeanor into a felony. In addition, any hit-and-run charge involving an injury is an automatic felony. These cases can be further enhanced if a child was in the defendant’s vehicle, although it may depend on the age of the child. Learn more by clicking the link below.

https://www.topcalifornialawyer.com/blog/criminal-defense/how-california-courts-handle-child-endangerment-in-reckless-driving-cases/

A DUI, hit-and-run, or reckless driving charge can lead to serious jail time – but the penalties become much harsher when a child is in the car.

11/12/2021

It is important to know what to expect at a DMV hearing in order to better your chances of lower penalties or even dismissal. A tape recorded hearing will take place that focuses only on three issues:
1. Did the officer have reasonable cause to believe you were driving a vehicle?
2. Did the officer lawfully and legally arrest you?
3. Were you driving a vehicle with a BAC of 0.08%?
Much like a court trial, an experienced lawyer can help you through the hearing by calling witnesses such as the arresting officer and a BAC expert. What happens at your DMV hearing can affect your court case. If you have a favorable outcome, this could allow the prosecutor to offer a lesser charge. Learn more about what to expect at a hearing by clicking the link below.

https://www.topcalifornialawyer.com/dui/dmv-hearing.html

11/10/2021

We believe that our clients deserve a fair trial and will do whatever it takes to ensure they receive one. Because the success of a case rests largely on the defense attorney, your choice of legal representation is a significant one. Retaining our firm’s criminal defense lawyer is a decision you can feel confident about. Learn more about how our firm can help you by clicking the link below.

https://www.topcalifornialawyer.com/

09/14/2021

There are several types of theft crimes in California, but they are largely categorized into petty and grand theft. Shoplifting can be placed in either category depending on the value of the allegedly stolen property. No matter how much time is left before the statute of limitations passes, it is important for you to contact an attorney as soon as possible if you have been accused of a crime, even for one as seemingly minor as shoplifting. It is never wise to assume that the prosecution has simply forgotten about your case. The OC District Attorney may be collecting witness statements, gathering evidence, or preparing their case against you. Learn more by clicking the link below.

https://www.topcalifornialawyer.com/blog/theft-crimes/the-statute-of-limitations-on-shoplifting-charges/

California district attorneys have a specific amount of time to file charges for a theft, which can vary depending on whether the theft is a misdemeanor or felony.

09/13/2021

When the police suspect someone is under the influence of drugs or drunk in the public, they will typically perform a standardized field sobriety test. Field sobriety tests include a horizontal gaze nystagmus (HGN) test, which involves shining a light in the suspect’s eyes, a walk-and-turn test, and a one-leg stand test. In the past few years, police in Southern California have started to use saliva-swab tests for drugs such as THC, methamphetamines, and co***ne. According to the LA Times, San Diego police have utilized a new device called the Dräger Drug Test 5000. Suspects are asked to wipe a cotton swab on the interior of their mouths, which the test will analyze for trace amounts of drugs. Unlike blood tests, these devices do not measure intoxication, only whether a suspect has recently used drugs. Whether this test comes back negative or not, the police may still request a blood test for further verification. Learn more by clicking the link below.

https://www.topcalifornialawyer.com/blog/drug-crimes/how-do-officers-test-for-drugs-on-the-road/

Police officers in California use two main types of tests to determine if a driver is impaired by drugs: the standard field test and a blood test.

09/09/2021

Given that most people who are charged with DUIs are forced to give up their license, if your job requires you to drive commercially or you have a company car, then you are required to inform your employer of the arrest as outlined by your employee contract. In addition, if your employee contract states that you have to inform your employer of an arrest, then you are legally obligated to notify them, no matter the charges. You may also need to take time off work for court appearances, meaning you may need to inform your boss no matter what your profession is. Learn more by clicking the link below.

https://www.topcalifornialawyer.com/blog/dui/can-a-dui-affect-my-job/

Either by word of mouth or through a background check, your employer may be able to learn about your DUI arrest and make a decision about your employment.

08/31/2021

If you've recently been arrested for a hit-and-run in Southern California, or if you've received a letter from the California Highway Patrol or a local police department alleging your involvement in a hit-and-run, call on the experience of Law Office of Michael L. Guisti. We know and understand the fears of being faced with hit-and-run charges. Over more than a decade, our attorneys have won many difficult hit-and-run cases for our clients and are dedicated to defending you. Learn more by clicking the link below.

https://www.topcalifornialawyer.com/traffic-crimes/hit-and-run.html

Michael Guisti is one of Orange County's leading criminal defense lawyers, a member of The National Trial Lawyers Top 100 Trial Lawyers, recognized with a 10.0 score on Avvo, and years of experience fighting for clients.

08/06/2021

If you’ve recently been arrested for a hit-and-run in Southern California, or if you’ve received a letter from the California Highway Patrol or a local police department alleging your involvement in a hit-and-run, call on the Law Office of Michael L. Guisti. We know and understand the fears of being faced with hit-and-run charges. Over more than a decade, our attorneys have won many difficult hit-and-run cases for our clients and are dedicated to defending you. Learn more by clicking the link below.

https://www.topcalifornialawyer.com/traffic-crimes/felony-hit-and-run.html