1. What
should I do if I'm arrested?
Ask
the police for a lawyer immediately. Do not discuss the facts of your
case with law enforcement or anyone else but your lawyer. Do not let
the police bully or trick you out of exercising these important rights.
Many people who tried
to talk their way out of an arrest have talked themselves right into a
prison or jail cell.
Call me without
delay. You may reach me directly 24/7 at (415)
345-1335.
Please do not
underestimate the harm that can be done to your criminal case by the
delay in getting a good Bay Area criminal attorney.
Also, avoid broadcasting your arrest to
your friends, co-workers, and even family members if you can avoid it.
Your arrest will stick to your reputation.
Naturally, I will keep all of your
information completely confidential whether or not you decide to retain
me as your criminal attorney.
Use your best judgment
and contact me immediately to get the effective, aggressive
representation of a Bay Area criminal attorney whom you will need to get
the best outcome for your or your loved one's criminal case.
2. What about bail?
The police use a "Bail Amount
Schedule" from the judges of their county for those arrestees seeking
immediate release on bail. These "scheduled" bail amounts are extremely
high ($5,000 to $1,000,000, or more).
Except in cases of flight risk or "danger
to society," I can get you a significant bail reduction, or in many
cases even get you released without posting bail ("O.R."). For example,
I recently got a reduction of a million dollar bail down to
forty-five thousand dollars (less than the "scheduled" bail) for my
client in the San Francisco Superior Court.
If you have limited funds, you may want to
consider using your money for your legal defense rather than spending it
on an excessively high bail that probably can be significantly reduced
anyway.
Clients who have
already retained an attorney (but not a court-appointed public
defender) get a cost reduction from 10% down to 8% of the bail amount
from almost all bail bond companies.
Note that in almost all first-time DUI
cases, clients are usually released the next morning on their signature without
having to post bail.
Important note:
Beware of any attorney who is referred to you by your bail bond
company, or any attorney who urges you to use a specific bail bond
company (they all charge the same), since highly illegal kickback
schemes have been found in such cases.
The
short answer is that I charge "a fair yet adequate retainer."
Before quoting you a
retainer, I will consider these factors:
1. The criminal charges,
2. The difficulty of the case,
3. The specific facts of this
case,
4. Any
prior criminal background,
5. How much
time in prison or jail the client is facing, and
6. The financial ability of the client.
I accept major Credit Cards,
checks, or cash.
Finding a criminal
defense attorney is definitely not the time to "price
shop," any more than it would be if you were in need of a good doctor.
The Yellow Pages and
the Internet are full of cheap attorneys who are always willing to take your case for less than a fully
competent criminal lawyer.
Get the best you can
criminal lawyer you can afford.
Your freedom and
future depend on it, and no one ever regreted having too good a lawyer
when faced with criminal charges.
4. Who will actually
be handling my case?
1. I will personally handle your criminal case.
2. I will not assign your case to any
other lawyer.
3. I never
"subcontract" cases to other lawyers.
4. I never refer (i.e. sell) cases to
other lawyers for a referral fee.
No, not in most cases. In
misdemeanor cases (such as a DUI), I can appear for you in your
absence at all stages of the proceedings without you having to suffer
the stress and embarrassment of having to go to court.
Felonies, however, are another matter.
While some courts may allow you to waive your appearance in court, most
courts will require your attendance.
The public defender's office is appointed by the
court only for those who are financially unable to retain
private counsel. This means that if you own a home or just have a
decent full-time job, the court will tell you to retain your own private
Bay Area criminal attorney. You will have to fill out your financial
information under penalty of perjury to apply for the public
defender.
Additionally, even
if the court finds you financially eligible for the public defender, you will
still be ordered to pay for the public defender's services at the
end of your case.
While there are
some excellent public defenders, you will not have a choice as to which
specific lawyer you might get. You will also have to personally show up
in court at every proceeding and wait your turn with all of the other
public defender-represented clients.
Unfortunately, public defender's
offices are understaffed with attorneys who must deal with staggeringly
high, difficult caseloads. By contrast, even a busy private criminal
lawyer has only a fraction of the cases that each public defender must
unfortunately shoulder.
The bottom line is
that if you can afford an experienced San Francisco defense attorney who
is not handicapped by a huge caseload, it should be obvious that this
would be in your best interests to retain one.
7. What
about DUI cases?
I have personally handled over 1,000 DUI cases,
including first-timers, multiple offenders, probation violators, and,
in the most serious cases, multiple vehicular homicide
(manslaughter) cases involving Driving Under the Influence.
I have also handled several hundred DMV
Drivers License Suspension cases, mostly for DUI cases, but also in
epilepsy, elder, and excessive ticket cases.
What can be done to help you in
a DUI case? That depends entirely on the unique facts
of your individual case. Only an
in-depth interview with a seasoned San Francisco defense attorney can
reveal all of the facts that may assist in your defense.
After
my evaluation of your case, I can decide on what defenses and what
evidence (such as forensic, scientific, and expert witnesses) will be
helpful in defending your case.
I will
be happy to assist you in a professional assessment of your case.
Your reliance
on the "legal advice" of well-meaning friends or information gleaned on
the Internet is very foolish. Your case may contain very subtle facts that could result in
either you getting your license back, and/or a reduction or even
dismissal of the charges.
If you're faced with a DUI
case, please call me, San Francisco defense attorney Michael Ross, without
delay for a professonal evaluation of your case.
Important note: There
are strict time deadlines in DUI 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.
8. What about DMV Hearings (Drivers License suspensions)?
I have personally handled
nearly 600 DMV Drivers License hearings, most of which were suspension
hearings related to a DUI case.
Important Notice: In
DUI cases, a DMV hearing and obtaining a temporary Drivers license must
be arranged for within ten calendar days, or else these very important
rights are forfeited.
In a DUI case, the DMV Hearing Officer will
decide whether your drivers license suspension that took place at the
time of your arrest will be sustained or set aside.
There are three separate questions that the
DMV Hearing Officer will examine at a suspension hearing in DUI cases:
1.) Was there probable cause for the
initial stop?
2.) Were you
lawfully arrested? and
3.)
Were you driving with .08% or more of blood alcohol?
If you win in any of the above questions at
your hearing, then your drivers license will be returned and the
original suspension permantently set aside.
In short, you have nothing to lose and
everything to gain by arranging for a DMV hearing and, with the help of
competent legal counsel, offer a defense on anyor all of these
questions.
However,
preparing and offering a defense in a DMV hearing is a complex and
legally sophisticated matter, and you will need a good criminal lawyer
to accomplish this. I will bring my many years
of experience in defending clients at the DMV to bear on your case.
9. What about Domestic Violence cases?
Arrest is mandatory in all
domestic violence cases, with a $25,00 to $50,000 bail (depending on the
county), and it is a felony.
I have handled over one hundred of this
very serious type of case.
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 by the police and/or the court requiring
that the defendant not contact or go near the alleged victim. This
usually results in the client being kicked out of the house.
Damage control is the name of the game in a
"DV" case. I will take steps to help mitigate, and in some cases
dismiss, the final outcome and to dissolve the "stay away" order where
appropriate.
The charges may
ultimately be reduced to a misdemeanor, and, through remedial and rehab
classes, the family may be reunited in a safe environment.
Please call me, Bay Area defense attorney
Michael Ross, for further details on how this complex and extremely
sensitive type of case can best be handled at: (415)
345-1335.
*Section 273.5 of the
California Penal Code
10. What about drug possession or sales cases?
I have handled literally
hundreds of drug cases of all types.
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 of drugs (including
possession for purpose of sale).
Except for the possession of a small amount
of marijuana, these types of charges are usually charged as felonies.
1. 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.
2. Being under the influence of an
illegal drug can result in felony charges. Contact me to discuss
non-jail alternatives, reduction of charges, and prededures that may
lead to the dismissal of your case.
3. 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.
There are several
alternatives to jail in most 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 rehab.
Obviously, each case is different and
involves different facts. Please call Bay Area defense lawyer Michael
Ross so that he may discuss with you what can be done in your case.
11.
What about shoplifting and other theft offenses?
Many people who have never been
in trouble with the law sometimes get involved in theft offenses such
as shoplifting or other theft offenses, like credit card fraud.
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 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.
Call ME, Bay Area criminal attorney Michael
Ross, at (415) 345-1335 to discuss the
possibilities of keeping you out of jail and possibly getting your case
dismissed.
12.
What about homicide cases?
I have handled many homicide
cases, including manslaughter (voluntary, involuntary, negligent, and
vehicular), attempted murder, and murder cases, including successfully
handling the post-conviction of a death penalty case.
This is the most serious area of criminal
charges, and you will need the best, most aggressive and experienced
legal representation available.
Each case is carefully evaluated for
potential evidentiary advantages, mitigating circumstances, and possible
defenses to the charges.
An in-depth
analysis of your case is your starting point. Call San Francisco
defense attorney Michael Ross at once so that he can begin
to assist with your, or your loved ones, case.
13. What about "CSI" forensic evidence, and
expert witnesses?
Forensic
and scientific evidence is common to many types of criminal cases, from
murder cases to DUIs, as anyone who has seen the "CSI" television
series knows.
I retain the most reputable
forensic experts available, some of whom are the leading experts in
their field. Areas of expertise include: accident reconstruction,
forensic toxicology, pathology, ballistics, blood analysis,
physics, psychology, police procedures and techniques, psychiatry, and
industry experts in many other fields.
Working with
these experts, I can create an effective defense for your criminal case
incorporating the latest scientific techniques.
Your criminal
case may have its own requirements for forensic evidence analysis and
perhaps the need for an expert witness. Call San Francisco defense
lawyer Michael Ross to discuss the possible need for expert witnesses in
the defense of your case.
14. What should I look for in a criminal lawyer?
Three things that you should find in your
criminal lawyer:
1.) Broad experience
in serious criminal trials
2.)
Integrity
3.) Academic ability to prepare your case
1.) Broad experience
means that your criminal lawyer has actually handled thousands
of all types of criminal cases, from heavy felonies (for example: "Three
Strikes" and cases involving a life sentence or death penalty) to
misdemeanors.
"Broad experience" also means frequently going to
trial in matters that involve having the client's very freedom in the
lawyer's hands. This is the only way that your attorney can
acquire the expertise required to competently handle your criminal case
However, broad experience does not include
attorneys who handle mostly DUIs, misdemeanors, and traffic tickets.
Many attorneys claim to take "all types of cases," but have
actually handled little more than misdemeanors.
My criminal law practice has
evolved from having been lead prosecutor and Deputy Attorney General,
handling all Special Prosecutions, including the
post-conviction phase of a death penalty case, to currently having a
private criminal defense firm wth over twenty years of defense
experience in handling over 3,500 felony and misdemeanor cases. (Select
the tab above on my website entitled "Legal Experience" for more
details.)
My broad experience in
criminal trial work will benefit your criminal case, from a DUI to any
heavy felony.
2.) Integrity in your attorney is
indispensable. Your criminal lawyer should never have been disciplined
by the California State Bar or any other license granting or
disciplinary authority (such as federal courts or the bar associations
of other states).
Each lawyer has an online page with the State Bar of
California, and in the "Disciplinary and
Related Actions" section at the bottom of the page it should read: "This
member has no record of public discipline."
If the
attorney has ever been suspended or disbarred, then you should
read the attached record of disciplinary action and find out the
reason(s) for the disciplinary action. Then ask yourself if this lawyer
is still acceptable to you as your counsel.
You should also ask your
prospective attorney whether he or she has ever received even a private
disciplinary action (unpublished and not public record) by the State
Bar or any other authority.
Lastly, you should inquire as to whether
your prospective attorney has ever been sued for malpractice or any
other breach of a client's trust.
Personally, I have never been
disciplined by the State Bar of California or any other authority,
either publicly or privately. Nor have I ever been sued by any client
for malpractice or any other breach of a client's trust.
This is the level of proven
integrity that is indispensable for the trust that you will have to
place in your criminal lawyer.
3.) Academic ability to prepare
your case is critical to the best outcome of your criminal case.
The best objective test of
academic ability is whether your lawyer passed the California Bar
Examination the first time. I'm proud to say that I passed on my first
Bar Exam.
Here's the real reason people
flunk the Bar Exam: they weren't prepared. Flunking the Bar
Exam is the equivalent of flunking out of college or law school. This
lack of preparedness is a bad omen for your case, where your lawyer will
have only one chance to help you.
Additionally, your attorney
should also have graduated from a law school fully accredited
by American Bar Association (ABA), not just a "state" accredited, or
worse yet, an "unaccredited" law school.
Your attorney should have
earned at the least a full Bachelor's Degree from an accredited
University before law school (believe it or not, some attorneys have
less than two years of undergraduate study before entering into an
unaccredited law school).
My law school, Southwestern Law School of
Los Angeles, was one of the first law schools established in
California. I received the degree of Juris Doctor, ranked in the top
25% of my class. Nationally accredited by the American Bar Association
(ABA), Southwestern has produced more judges in California than any
other law school.
I received my Bachelor's Degree
in Political Science from California State University at Long Beach, is
the largest campus in the University system.
In short, a lawyer's academic
ability is a prime indicator of how your criminal case will be be
prepared.
************************************************************************************************************
I am attorney Michael Ross, and
my 24/7 phone number is (415) 345-1335. Call me for a free, confidential consultation for your,
or your loved one's, criminal case.
I rest my case.
DISCLAIMER: ACCESSING THE INFORMATION
ON THIS WEBSITE AND/OR TRANSMITTING ANY CASE INFORMATION WHATSOEVER VIA
TELEPHONE, EMAIL, OR BY ANY OTHER MEANS DOES NOT CREATE OR IMPLY ANY
ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP ARISES OR
EXISTS UNTIL YOU HAVE ENTERED INTO A FORMAL RETAINER AGREEMENT WITH
ATTORNEY MICHAEL ROSS. NO ATTORNEY CAN GUARANTEE THE OUTCOME IN ANY
CRIMINAL CASE. TO AVOID DAMAGING YOUR CRIMINAL CASE IRREVERSIBLY, YOU
MUST CONSULT WITH AN EXPERIENCED CRIMINAL ATTORNEY AS SOON AS
POSSIBLE. THIS WEBSITE IS INTENDED ONLY TO PROVIDE INFORMATION TO THE
GENERAL PUBLIC. ANY INFORMATION CONTAINED HEREIN IS NOT INTENDED FOR
USE AND SHOULD NOT UNDER ANY CIRCUMSTANCES BE USED OR RELIED UPON IN THE
APPLICATION TO ANY ACTUAL CASE. ALL INFORMATION WILL BE HELD STRICTLY
CONFIDENTIAL WHETHER OR NOT YOU RETAIN MICHAEL ROSS AS YOUR ATTORNEY.