Michael Donald Ross’s Answers

Michael Donald Ross

San Francisco Criminal Defense Attorney.

Contributor Level 9
  1. If I want to sue the DMV, what court do I do it in/

    Answered over 5 years ago.

    1. Michael Donald Ross
    2. Steven Alan Fink
    3. Robert Lee Marshall
    3 lawyer answers

    Yes, you can file a Petition for Alternative Writ of Mandamus in Superior Court against the DMV in the county of your residence (not that of the offense) for an allegedly erroneous decision suspending your drivers license. The Petition must be filed and served within the statutory deadline of thirty days after the date of the DMV decison against you. There are form books in all law libraries that can guide you in drawing up your papers. However, I advise you to try to seek counsel to at...

    2 people marked this answer as helpful

  2. My friend has a DUI and in in a 1 year probation period and currently got arrested for getting in a fight what are consequences?

    Answered over 5 years ago.

    1. Michael Donald Ross
    2. Ben Walter Pesta II
    3. James Brian Campbell
    3 lawyer answers

    In answer to your specific inquiry, the consequences of your friend's altercation can be quite severe. Your friend may be facing charges for aggravated assault under Penal Code Section 245 since from the facts you presented it appears that the victim may have suffered a disfiguring injury. A violation of Section 245 P.C. may be charged by the prosecutor as a felony, potentially exposing the defendant to several years in the State Prison. Technically, it is the respective District Attorney's...

    2 people marked this answer as helpful

  3. Long and short...I was detained (no police came) and I was coherced into signing a civil form 490-5c.

    Answered about 4 years ago.

    1. Robert Marshall Sanger
    2. Michael Donald Ross
    2 lawyer answers

    I agree with Mr. Sanger that the abuse of the 490.5 P.C. and attendant laws has become epidemic, and outrageously so. There have been numerous cases of false arrest by so-called "security" and "loss prevention" guards of factually innocent shoppers. The over-zealousness of these people has not been addressed by the legislature, not has it been by the courts. Since you state that you have "man[ned] up to what [you] did," I am assuming that you actually did take something without paying for...

    1 person marked this answer as helpful

  4. Hi..if you are are pretty much heading to trial...If you have to fire your lawyer and get someone else.

    Answered about 4 years ago.

    1. Robert Marshall Sanger
    2. Joseph Briscoe Dane
    3. Michael Donald Ross
    3 lawyer answers

    Yes, you may discharge your current attorney, and yes, your new lawyer may get a continuance to prepare for the new case and to properly handle his or her other cases. The length of the continuance depends on whether you are in or out of custody, the complexity and seriousness of the case, and the need for you new attorney to prepare. If you feel that trial is truly unavoidable (because of an unacceptable plea bargain offer, for instance), then you need an attorney who will genuinely...

    1 person marked this answer as helpful

  5. If you have already been sentenced to formal probation is it possible to be switch to informal for a longer period of time?

    Answered about 4 years ago.

    1. Robert Marshall Sanger
    2. Michael Donald Ross
    2 lawyer answers

    Your case is obviously a serious one, and the grant of probation indicates that your attorney did a good job for you. Getting a reduction of probation is totally discretionary with the judge, so your attorney is going to have to do a great sales job to convince the court that you deserve the break you desire. Your motivation is excellent - and not self-serving - so you're starting out on the right foot. The next step is to get the recommendation of you probation officer, and at this...

  6. What happens when I turn myself in for an out of state warrant

    Answered almost 5 years ago.

    1. Michael Donald Ross
    1 lawyer answer

    Can you restate the question? You stated you were in a CA jail at some point, what were you in for and how did you get out? And what do you mean Mississippi would not pick you up? Do you mean they just didn't bother or did you try to turn yourself in and they refused? You may get better advice by calling a lawyer to further explain your circumstances. What you have asked is far too general to answer here without further clarification.

  7. Diving on a Suspended, was never noticed.

    Answered almost 5 years ago.

    1. Andrew Stephen Roberts
    2. Michael Donald Ross
    2 lawyer answers

    Quite frankly, it sounds like you enjoy playing Russian roulette with an indespensible component of your business. I would not use local counsel in SLO County. Rather, I would retain a practitioner wiith a resume of having done hundreds of DMV hearings, so you are talking about a lawyer from a lerge city such as Los Angeles or San Francisco. At this stage of the procedings, getting a DMV hearing officer to reverse revocation is purely discretionary. Find an experienced lawyer in DMV hearings...

  8. Is it possible to have all the charges dropped from a possession charge?

    Answered almost 5 years ago.

    1. Michael Donald Ross
    2. Stanley Dale Radtke
    3. John M. Kaman
    3 lawyer answers

    Generally speaking, the only way to get the charges dropped in such a case is for a lawyer to win a defense motion to suppress the evidence. Failing that, the outcome of his case will depend on several factors: first, his criminal history, if any, will considered in any disposition of the case; second, the amount that you specified could either be charged as mere possession or possession for purposes of sale. The latter of these two is obviously the more serious charge and could result in...

  9. What can happen on a probation violation of a habitual offender?

    Answered over 5 years ago.

    1. Michael Donald Ross
    1 lawyer answer

    Your answer is in your own question since a condition of every probation issued is that the defendant "obey all laws." Also, failure to appear for court or a probation interview/visit is enough to revoke. Most states have habitual offender laws (also known as "Three Stirkes" laws in some states, like California), and these laws, generally speaking, have been upheld by the Supreme Court of the United States as valid, absent some sort of abuse of discretion or violation of equal protection. If...

    2 people marked this answer as helpful

  10. Can an arrest from an illegal search of a car that cocaine was found be held up in court?

    Answered about 4 years ago.

    1. Randy William Ferguson
    2. Bryan Blackwell
    3. Michael Donald Ross
    4. Larry D Lamson
    5 lawyer answers

    In order for the police to legally search a car, they either must obtain the consent of the owner or driver, or have reasonable cause to search based on articulable facts. if neither justification exists, then the search may be attacked by a motion to suppress evidence. If the motion is won by the defense, then evidence is thrown out and the case is dismissed. Find a criminal practitioner who will research this motion and get the case dismissed. Keep in mind that the police and the...