Sacramento Criminal Defense Attorney

Michael D. Ross

 

Call Now for a Free Consultation

(916) 482-6800

Degree of Juris Doctor, Southwestern University School of Law, Los Angeles, California

http://www.swlaw.edu/

Bachelor of Arts Degree in Political Science, California State University, Long Beach, California.

http://www.csulb.edu/

Over 25 Years as a Criminal Defense Attorney

Over 3,500 criminal cases handled (both felonies & misdemeanors)

Former Deputy Attorney General (Criminal Division) and Special Prosecutor

Member of The Bar in Good Standing:

Bar Association of San Francisco

The State Bar of California

United States Federal District Courts, Northern, Central, Eastern, and Southern Districts of California

United States Ninth Circuit Court of Appeals

United States Tax Court

Supreme Court of the United States

Former Judge (Pro Tem) for the City & County of San Francisco

• Acquittal (Not Guilty) at jury trial on a “Life Without Possibility of Parole” case
• Over 1,000 DUI (Driving Under the Influence) cases, including multiple offenders and vehicular homicide cases.
• Over 550 Department of Motor Vehicle Hearings (DUI Drivers License Suspensions)
• Successfully handled a Kidnapping case where a potential sentence of life imprisonment was reduced to “time already served” of only ninety days.
• Death penalty case successful at handling several post-conviction writs, appeals, and a Pardon-Commutation hearing
• Over fifty “Three Strikes” cases with excellent results in obtaining the dismissal of one or more ‘strikes” resulting in the dramatic reduction of jail time
• Hundreds of Domestic Violence cases, including many where the charges were either dismissed or discharged
• Bail reductions obtained in nearly all cases (where the client is neither a flight risk and is not considered dangerous), most recently: the reduction of a million dollar bail to only forty-five thousand dollars (San Francisco Superior Court)
• Over 1,000 felony cases (drugs, grand theft, assault, kidnapping, murder)
• Over 2,500 misdemeanor cases (shoplifting, solicitation for prostitution, petty theft, and DUIs).
• Over 300 Juvenile offense cases
• Hundreds of successful Probation Violation hearings
• Numerous successful Parole Violation hearings
• Handled the “Last Defector” (In re Sergei Ukanov) case from the former Soviet Union (USSR)
• Founder and CEO of a 501(c)(3) nonprofit public benefit corporation, including the obtaining of the tax-exempt status from the IRS

Sacramento, Stockton, San Francisco, Vacaville, Fairfield, Winters, Dixon, Davis, Woodland, West Sacramento, Sacramento, Elk Grove, Discovery Bay, Rio Vista, Rancho Cordova, Carmichael, Fair Oaks, Citrus Heights, Folsom, Rocklin, Roseville, Auburn, Placerville, Cloverdale, Clearlake, Lakeport, Hidden Valley Lake, Hopland, Ukiah, Boonville, Philo, Point Arena, Manchester, Albion, Mendocino, Fort Bragg, South Lake Tahoe, Manteca, Modesto, Tracy, Turlock, Angwin, Petaluma, Cotati, Rohnert Park, Santa Rosa, Windsor, Healdsburg, Sebastopol, Sonoma, Occidental, Guerneville, Bodega Bay, Sea Ranch, Monte Rio, Valley Ford, Geyserville, Vallejo, American Canyon, Suisan City,Oakhurst, Tahoe City, Mariposa, Lodi, Daly City, Brisbane, Millbrae, San Bruno, Burlingame, Half Moon Bay, San Mateo, Redwood City, Montara, Pacifica, Hillsborough, Woodside, East Palo Alto, Palo Alto, San Gregorio, La Honda, Pescadero, Belmont, San Carlos, Portola Valley, Atherton, Menlo Park, Foster City, Sausalito, Belvedere, Tiburon, Mill Valley, Larkspur, Corte Madera, San Rafael, Kentfield, Ross, San Anselmo, Fairfax, Novato, Bolinas, Terra Linda, Muir Beach, Albany, Berkeley, Emeryville, Oakland, Piedmont, Alameda, San Leandro, Hayward, Newark, Fremont, Castro Valley, Pleasanton, Sunol, Dublin, Livermore, Union City, Stanford, Mountain View, Los Altos, Sunnyvale, Santa Clara, Cupertino, Campbell, San Jose, Milpitas, Saratoga, Los Gatos, Morgan Hill, Gilroy, Santa Cruz, Aptos, Scotts Valley, Soquel, Capitola, Castroville, Prunedale, Hollister, San Martin, Salinas, Monterey, Seaside, Carmel-by-the-Sea, Carmel Valley, Marina, Gonzales, King City, San Ardo, Big Sur, Moss Landing, Pebble Beach, Carmel Highlands, Richmond, Albany, Hercules, Pinole, Pittsburg, Martinez, Orinda, Pleasant Hill, Lafayette, Walnut Creek, Alamo, Concord, Antioch, Brentwood, Danville, San Ramon, Oakley, Napa, Yountville, St. Helena, Calistoga,and many, many more throughout California.

If the DMV has mailed you a "RE-EXAMINATION NOTICE OF SUSPENSION/REVOCATION" of your drivers license for either "MEDICAL EVALUATION" or for "NEGLIGENT OPERATOR," you may be facing the possible permanent loss of your privilege to drive. Don't try to handle a DMV hearing on your own. Take Sacramento Defense Attorney Michael D. Ross with you. Your odds will be much greather at getting your license back.

There are two distinctly different types of these DMV "Re-Examination" suspension cases: 1.) "Medical Evaluation" cases, and, 2.) "Negligent Operator" cases.

In either type of case, the "Burden of Proof" that you are in fact safe to drive a motor vehicle is solely on you at a DMV hearing. You are presumed unfit to drive by the DMV unless you can prove to the hearing officer that you can drive a motor vehicle safely.

1.) In "Medical Evaluation" cases, the evidence that the DMV uses to issue the notice of suspension may be submitted by your doctor or a family member claiming that you are not safe to drive.

Or, in "Priority" cases, a police officer may make an immediate determination on the street that you are unsafe to drive. The officer can then take your drivers license on the spot. This often happens after you've been involved in a traffic accident, or you're stopped for a ticket. The officer would then issue you a notice of "Priority Re-Examination" with the immediate suspension of your drivers license if he or she suspects that you cannot safely drive a motor vehicle.

In "Medical Evaluation" Re-Examination cases, some of the more common medical conditions that the DMV considers grounds for suspension include dementia, diabetes, Parkinson's Disease, epilepsy, or any other medical or mental condition that the DMV considers an impediment to your ability to drive safely.

The DMV prefers to see the driver at a hearing in person to test and evaluate that person's ability to drive safely. Often at these DMV hearings, challenging questions may be asked of the person, or mental dexterity tests are given. There can be some unexpected curveballs thrown at the driver at the DMV hearing, and proper preparation and legal representation are essential for a fair hearing and the best chance for a successful outcome.

2.) On the other hand, in "Negligent Operator" Re-Examination cases, the DMV looks at the reason(s) that the police or CHP stopped you on the highway, as well as your past driving record, to see whether you are unsafe to be driving a motor vehicle.

The driver must offer evidence to the DMV at the hearing in these "Neg Op" cases that proves that he or she is fit to drive with reasonable care at all times. There are various ways that we can help you in fulfilling this burden of proof to the DMV.

In either type of Re-Examination case, note that the DMV Hearing Officer has the power to deny re-issuance of your drivers license if there is any question in his or her mind as to your ability to drive safely.

You will need professional legal representation to properly present evidence for your best chance of getting your drivers license back.

I have handled hundreds of these DMV "Re-Examination" cases for over twenty-five years. I understand the issues and the type of objective proof that the DMV requires from you to satisfy your burden of proof. My only goal is to get your drivers license back.

If you would like a confidential consultation without charge, please call me, attorney Michael Ross.

Evening and weekend appointments are available. To arrange for your free consultation, Obviously, each case is different and involves different facts. Please call me, Criminal Justice Attorney Michael Ross, at (916) 482-6800, so that he may discuss with you what can be done in your case.

I personally handle every case that I accept, and I promise you the best representation that you can find anywhere.

Arrest is mandatory in all domestic violence cases, with a minimum $25,000 to $50,000 bail (depending on the county), and it is a felony. “Damage control” is crucial in domestic violence cases. A criminal defense attorney will work to dissolve the mandatory emergency protective order in cases where the cooperation of the victim can be obtained.

It takes only a “minor or serious injury”* (in short, almost any injury by any physical force to the victim, however slight) to give rise to a criminal charge of domestic violence. The arrestee is also issued a “stay away” order also known as an “emergency protective order” by the police and/or the court requiring that the defendant not contact or go near the alleged victim. This is mandatory, no matter the seriousness of the injuries. This usually results in the accused being kicked out of the house.

Unlike convictions for most other types of criminal offenses, a conviction for Domestic Violence may result in additional consequences on top of the punishment for the charge itself.

IMMIGRATION CONSEQUENCES. For any non-citizen, the most serious consequence for a Domestic Violence conviction – in ether felony or misdemeanor cased – is removal and permanent exclusion from the United States. While this dire consequence of a Domestic Violence conviction for a non-citizen is supposed to be mentioned by the court when it takes a defendant’s plea of guilty, it is passed over so quickly that the nervous defendant easily misses it. It is vital for a non-citizen to understand that a state Domestic Violence conviction will trigger additional federal immigration proceedings and result in a mandatory removal and exclusion from the United States. This immigration penalty may be imposed even if the no-citizen pleads to a so-called “lesser charge” than the Domestic Violence. The non-citizen may thus be more compelled than a U.S. Citizen to take the Domestic Violence case to trial on the chance that he or she may beat the charge. Thus, the stakes in a Domestic Violence case are infinitely higher indeed for the non-citizen.

EMPLOYMENT CONSEQUENCES. Employment, both current and prospective, is another area in which a conviction for a Domestic Violence may have catastrophic consequences. A Domestic Violence conviction may result in the denial of future employment, or it may result in the dismissal from one’s current job, despite an otherwise excellent work history. The reason for this is the increasingly tighter oversight of employees and job applicants is the increased background requirements by insurance companies and law firms representing employers. The alarming upswing of violence in the workplace is well known to anyone following the news, and more and more employers are requiring a detailed background check for all employees. A Domestic Violence conviction is considered a “red flag” to insurance carriers and employers, indicating a possible propensity for violence in the workplace. Thus, a person charged with a Domestic Violence may need to obtain an acquittal of the charges at trial, not only to avoid criminal penalties, but also to escape the consequences of losing a job (or being unable to obtain a new job).

FIREARMS. A person convicted of Domestic Violence will be prevented by both California and federal law from owning or possessing any firearms – even in a misdemeanor case. This consequence is especially dire in the cases of those who are in law enforcement and required to possess a firearm as a requirement of the job.

FAMILY AND FRIENDS. There are few things more humiliating than a conviction for Domestic Violence. Friends, co-workers, and family members may have a variety of reactions to such a conviction, none of which will be positive. Loved ones will share and suffer the same embarrassment as the defendant, and such a conviction may mar priceless relationships forever.

You and your legal counsel should discuss all possible consequences in a Domestic Violence case before deciding what is best for you. The first priority is to avoid jail, but as set forth in the brief summary above, there are other considerations that must be addressed in this most serious of criminal charges.

With proper preparation and handling of your case, the charges may ultimately be reduced to a misdemeanor, or even dismissed. And, through remedial and rehabilitation classes, the family may be reunited in a safe environment.

Bail can usually be reduced to a mere fraction of the “bail schedule” amount. The person arrested may even be released on his or her own recognizance, eliminating posting bail altogether. Quick enrollment in appropriate classes, in many cases, can have an very positive effect on the outcome of the case.

Obviously, each case is different and involves different facts. Please call me, Criminal Justice Attorney Michael Ross, at (916) 482-6800, so that he may discuss with you what can be done in your case.

(*Section 273.5 of the California Penal Code)

Drug cases fall into three distinct categories:

1. Possession of a controlled substance,
2. Being under the influence of a controlled substance, and
3. Sales, possession for purposes of sale, cultivation & manufacture.

Except for the possession of a small amount of marijuana, these types of charges are usually charged as felonies.

In mere possession cases, our goal is to ultimately get the charges dismissed. “Drug Court” normally handles this type of case with the goal of not having the client coming back into the criminal justice system again.

Being under the influence of an illegal drug can result in felony charges. Contact me to discuss non-jail alternatives, reduction of charges, and procedures that may lead to the dismissal of your case.

Sales, and possession for sales cases are more difficult, but I have had very good results in getting these types of charges reduced, or in cases with a successful motion to suppress evidence, dismissed. Obviously, the best possible effort must be made to suppress evidence taken in a police seizure, and the latest and most cogent authority is used in our Motions to Suppress Evidence, and any other pertinent motion.

There are several alternatives to jail in many drug cases, such as Prop. 36, Deferred Entry of Judgment, as well as other alternatives to incarceration which are designed to keep you out of jail and in rehabilitation.

Obviously, each case is different and involves different facts. Please call me, Criminal Justice Attorney Michael Ross, at (916) 482-6800, so that he may discuss with you what can be done in your case.

A DUI case evaluation requires an in-depth, expert analysis – for at least one hour – by an experienced defense attorney, and that is exactly what you will get from me. I do not charge for your case evaluation.

Even a first-time DUI is a misdemeanor crime, with a maximum sentence of six months in jail. However, if injury to another person is caused by your DUI, the charges will be filed as a felony. Additionally, any prior convictions within the last ten years for DUI will be charged, thereby enhancing you exposure to punishment in jail.

Some of my clients live too far away or are too busy with work to attend court sessions. In these cases, I can appear for you in your absence at all stages of the court proceedings (except in the case of a felony DUI case).

I will be happy to provide you, without charge, with my professional evaluation of your DUI case in a personal interview in my law offices, or if you live outside of the Bay Area, over the telephone.

A DUI arrest unfortunately results in two cases:

1. Criminal charges in the Superior Court, and
2. A separate DMV suspension of your drivers license. In a typical DUI criminal case, the charges against you are actually two specific counts:

• a. Driving Under the Influence, in other words, impaired driving, and
• b. Driving with more than .08% blood alcohol

In the case of your refusal to take a chemical test, a “refusal” enhancement charge added to the DUI count). Repeat offenders have to deal with a Violation of Probation, which are often more likely to result in jail time than the new DUI.

The DMV drivers license suspension is for four months, with a 30 day stay (if your license is not otherwise restricted or suspended). The DMV license suspension is independent of the criminal charges files in court.

You may request a hearing (within ten days of your arrest), but if you lose, the DMV’s decision to sustain the suspension may be attacked only by a separate Superior Court action called an Application for Writ of Mandamus.

I have handled hundreds DMV Drivers License Suspension cases that usually accompany DUI cases. In many cases, I have succeeded in having the DMV license suspension reversed and recovered the client’s privilege to drive.

After my evaluation of your case, I will tell you what defenses you may have and what evidence (such as witnesses, forensic, scientific, and experts) will be helpful in defending your case. Please understand that only an in-depth interview with an competent and diligent criminal defense attorney can reveal all of the relevant facts that may help in your defense.

My professional analysis, preparation, and handling of your case will give you your best chance of you getting your license back, and obtaining a reduction in charges or even dismissal of your DUI criminal case.

Important note: There are strict time deadlines in DUI/DMV license suspension cases. You should have your lawyer contact DMV within ten (10) actual calendar days of your arrest, or else you will have waived your right to a hearing, and several other important rights.

If you’re faced with a DUI and a DMV suspension of your driver’s license, or a Probation Violation, please call me, Michael Ross, immediately to arrange for a free evaluation of your case at: (916) 482-6800.

A felony is a crime for which a person “may be imprisoned in a State Prison.” It is the most serious type of criminal offense.

Sentences in State Prison for felonies range from a minimum of sixteen (16) months to as much as life imprisonment without possibility of parole (LWOP cases).

A client who is charged with a felony has the right to a Preliminary Examination, which is a hearing resembling a “mini-trial,” complete with witnesses testifying on the stand. In my experience, many attorneys do not know how to fully exploit the Preliminary Examination for the client’s benefit.

For example, the prosecutor nearly always wants a short “Prop 115″ hearing in which a police officer basically recites another cop’s police report into evidence. Prosecutors usually do not want their prosecution witnesses testifying at the Preliminary Examination who later, at trial for instance, may have to relate the same information before a jury. Prosecutors know that it is almost impossible for a witness to accurately testify later to the same facts, and therein lies the foundation to attack the witness’ testimony at trial against the client with a prior inconsistent statement.

Unlike all too many attorneys who fail to appreciate the importance of this and many other tactics at the “Prelim,” I exercise the client’s right to subpoena any and all witnesses whose testimony may weaken the prosecution’s case, be the foundation for a reduction of the case to a misdemeanor, or, in certain cases, provide the factual basis for the dismissal of the charges.

In cases where identity of the perpetrator is in question, I request of the court a real lineup before the Preliminary Examination takes place. Many lawyers fail to ask the court for a lineup, foolishly assuming that the “field show-up” or “photo line-up” identification of the client by the victim or witness has made the client’s identification positive. I have handled numerous cases where the alleged victim and/or witness cannot identify my client at a real lineup, in spite of any previous ID (however coached it might have been by the cops), and my client’s charges were dismissed. Certainly, any witness is going to automatically identify the client in court, since the client is the only person sitting next defense counsel, so the importance of using this procedure is obvious.

The procedures briefly outlined above are just two of the many techniques that a competent criminal lawyer may use to protect the client. Your attorney will have only one opportunity to help you at each stage of the proceedings. Felony cases are the most serious of all crimes, and you will need the very best and most experienced legal counsel that you can get.

Nothing less than your freedom and future are at stake.

These are examples of the many Felony cases that I have handed, including:

• Homicides (Murder, Manslaughter, Attempted Murder)
• Sexual Assault (I obtained a Not Guilty in a “Life Without Possibility of Parole” case)
• Kidnapping (from a potential life sentence to a “time-served” sentence of 90 days)
• “Three Strikes” Enhancements to Felony Cases (Successful motions to remove strikes)
• Robbery & Burglary
• Major Drug (Sales, Possession for Sale, and Cultivation / Manufacturing)
• White Collar (Fraud, embezzlement, tax, identity theft)
• Felony DUI (injury to another) & vehicular homicide
• Domestic Violence
• Grand theft & vehicle theft
• Stalking & “terrorist” threats
• Aggravated assault
• and many more kinds of cases classified as “felonies.”

Some crimes may be charged by the District Attorney either as a felony or a misdemeanor (so-called “wobbler” cases). In many of such cases, I have been able to get my clients’ felony charges reduced to misdemeanors, either by negotiated plea or by the court’s order, thereby eliminating the clients’ exposure to substantial prison time.

I will be happy to evaluate your felony case, or that of your loved one, with a view to exercising the most vigorous and aggressive defense available. I take pride in being an American lawyer, and in the results that I have been able to get for my clients over the years. Jail interviews are available by prior arrangement.

Please do not underestimate the importance of obtaining quality, experienced counsel as your criminal defense lawyer.

For a case consultation, without charge, call me, Michael Ross, at (916) 482-6800 .

The definition of a misdemeanor is a crime “punishable by imprisonment in the County Jail.”

The maximum sentence for a misdemeanor is one year, though most misdemeanors have only a six month sentencing limit.

Even though these cases are less serious than felony cases, there is still the exposure to real jail time for the client with any misdemeanor case. Typically, every sentence includes at least three years of probation, as well as a substantial fine.

After handling over 2,500 misdemeanor cases, I have established an excellent record in managing my clients’ misdemeanor cases and their respective exposure to jail. I have been able to get many misdemeanor cases either dismissed or sentenced reduced.

Examples of misdemeanors that I have defended include:

• DUI Cases (over 1,000 handled)
• Assault & Battery
• Petty Theft / Shoplifting (special “civil compromise” remedy may be available)
• Resisting Arrest / Interfering with a Peace Officer
• Soliciting for a Prostitute
• Malicious Mischief / Graffiti
• Disturbing the Peace
• Indecent Exposure
• Public Intoxication
• Public Fighting / Challenge to Fight
• Carrying a Concealed / Loaded Firearm
• Reckless Driving
• Automobile Tampering
• Selling / Providing Liquor to a Minor
• Licensing Violations
• …and many other offenses classified as “misdemeanors.”

Let me evaluate any misdemeanor charge against you or a loved one for possible defenses and mitigating circumstances.

As always, your initial confidential consultation is free of charge, and, of course, completely confidential whether you decide to retain me as your criminal defense attorney or not. Call me, Michael Ross, 24/7 at: (916) 482-6800 to arrange for a consultation.

The grounds for violating probation fall into several distinct categories:

1. A charge of a new criminal offense, separate from the original case which is now the subject of an alleged violation of probation. Even if the new offense is not actually charged by the District Attorney as a new case, the facts of the new incident may be used to support a violation of probation.
2. Failure to appear for a variety of court-required appointments such as further court appearances, sheriff’s work alternative program (SWAP), AA meetings and proof thereof, and worst of all, missing an appointment with your probation officer.
3. Failure to pay your fine or to enroll or complete a court-required rehabilitation program (such as a Drinking Driver program).

Probationers are entitled to a court hearing with many of the same rights that one has in a criminal jury trial, but not all. Probationers are not entitled to a jury, they may be held longer in custody before any hearing takes place, and the burden of proof on the government is lower, thus making the violation is easier to prove against you.

DUI probation violations are the most common, if for no other reason than their relative number compared to other cases. If the alleges violation involves a new episode of the client drinking and driving, the punishment may result, in the worst cases, in sentences of ninety (90) days or more of real jail time.

In the case of a California felony probation, the client faces the possible revocation of the original probation and a sentence to a number of years in the State Prison.

A probation violation in a California case requires the same diligent and competent Criminal Justice Attorney as any new case. I have handled hundreds of probation violation matters with excellent results. My goal, as with a new case, is to reduce or eliminate your exposure to real jail time to the best of my ability.

If you, or a loved one, are facing an alleged Violation of Probation, please call for an appointment so that we may discuss the ways that the violation might be mitigated or even dismissed.

There are two options sometimes available to have the charges dismissed:

Diversion, that is, the dismissal of charges after participation in classes or therapy, is available only in some counties.

Civil compromise, that is, a negotiated settlement resembling that of a civil lawsuit, is technically available in all counties. Even though the courts and retailers are reluctant to agree to a civil compromise, I have had excellent results getting this remedy for my clients, and the end result is a dismissal of all charges.

Prior convictions for theft and other offenses present unique problems to a theft case since a second time petty theft can be charged as a felony. I have had very good success in getting prior convictions stricken from theft cases.

More serious theft charges like check fraud, embezzlement, identity theft, and other theft related offenses require strong advocacy to keep the client out of jail. I have been able to obtain excellent results in cases that sometimes looked hopeless.

Contact me, Michael Ross, Criminal Justice Attorney at (916) 482-6800 to discuss the possibilities of keeping you out of jail and getting your case dismissed.