Navigating Writs and Appeals in the Southern California Legal System
Want to appeal a conviction or file a writ but don’t know where to begin?
We at Gressley & Donaldson LLP know how daunting it can feel trying to navigate California’s writs and appeals process. That is why we are here to help. Book a consultation today to speak with one of our lawyers about your case.
Understanding Writs and Appeals
Before we explain how to file writs and appeals in California, it’s important to understand that if you wait too long, you may be out of luck.
Writs and appeals are time sensitive. An experienced appellate lawyer will be well-versed in the deadlines for filing. If you miss the deadline to file a notice of appeal, for example, you will not be able to appeal at all. Writs have similar deadlines, which may vary depending on the facts and circumstances.
Habeas Corpus
Every person is entitled to justice. If you or someone you know wants to challenge a conviction, reach out to Gressley & Donaldson LLP to get the legal representation you deserve.
If you have ever watched a courtroom drama, it is likely you’ve heard these words, but what is habeas corpus? Deriving from a Latin phrase meaning “you shall have a body,” habeas corpus refers to an order that the confined person should be brought to the court. If applicable, habeas corpus allows you to challenge an order or judgment by filing a petition.
So, how do you file a habeas corpus petition in California? One way is to file Form MC-275 and explain why your incarceration is unlawful. Or an appellate attorney can file a petition for writ of habeas corpus on your behalf. Since this is a serious and complicated endeavor, whenever possible, incarcerated individuals should employ an appellate attorney to prepare and file the petition for writ of habeas corpus on their behalf.
Unlike appeals, writs are discretionary (the appellate court does not need to hear them) and they can be complicated. If you are considering filing a petition for writ of habeas corpus but don’t know where to begin, contact Gressley & Donaldson, LLP to review your options. A knowledgeable attorney can advise you on the right course of legal action.
Wrongful Convictions
Being wrongfully convicted of a crime you did not commit is devastating. The toll it can take on you and your family is immeasurable, which is why we at Gressley & Donaldson LLP want to help. Call us today to determine your options to fight back against this breach of justice.
As the name suggests, a wrongful conviction occurs when someone is found guilty of a crime they did not commit. Wrongful convictions occur for a myriad of reasons, including inaccurate eyewitness testimony, police or prosecutorial misconduct, racial bias, forensic error, false confessions, erroneous jury instructions, and more. Wrongful convictions are contrary to everything our justice system stands for, which is why wrongful conviction lawyers are so important.
If you or someone you know has been wrongfully convicted, contact Gressley & Donaldson LLP. to speak with one of our wrongful conviction attorneys today.
Misdemeanor Appeals
Sentencing for misdemeanor offenses happens every day, but can you appeal a misdemeanor conviction? The short answer is yes, under the right circumstances. Misdemeanor appeals are filed when the convicted person feels they did not receive a fair or just trial. Also, misdemeanor appeals are often filed if a judge denies a motion to suppress evidence under Penal Code section 1538.5 at some point during the case, and the person is later convicted.
In California, appeals from guilty pleas in misdemeanor cases sometimes occur, especially when the appeal challenges the denial of suppression motion. When someone pleads guilty to a misdemeanor, they may waive the right to appeal. Attorneys specializing in misdemeanor appeals can provide the necessary insight and guidance to help you appeal a misdemeanor conviction.
The following is a simplified step-by-step example of the misdemeanor appeals process in California:
- The convicted person files a notice of appeal that sets forth what they are appealing. This must be filed in the trial court within 30 days of conviction in a misdemeanor case.
- Once filed, the appellant (person appealing) must file a notice regarding the record to ensure that the record on appeal is prepared in accordance with the rules.
- The appellate court will notify the appellant after the record is filed, and appellant will have 30 days to file the opening brief. The prosecution will also have the opportunity to file what’s called a “respondent’s brief” within 30 days after the appellant’s opening brief is filed. Appellant will then have 20 days to file a reply brief.
- The appellate court will review the record and the briefs, and will schedule oral argument.
- If the appellant wins, the court will reverse the conviction (sometimes in part, or modified) and send the case back to the trial court with certain orders in accordance with the appellate court’s opinion.
Misdemeanor appeals are heard in the Superior Court appellate division. Again, a defendant has 30 days after conviction to file the notice of appeal. If that is not done, the appeal is forfeited.
Having a lawyer to help you in your misdemeanor appeals process is invaluable. Contact Gressley & Donaldson to get the legal representation you deserve.
Felony Appeals
A felony conviction in California can be ruinous. From formal probation and jail to a potential prison sentence, the consequences can be permanently life-altering. For these reasons, you may be questioning whether you should appeal your felony conviction. At Gressley & Donaldson, LLP, we can help you determine whether a felony appeal is right for you.
In California, if someone is convicted of a felony but believes an error occurred during their trial, they have the right to file appeal the conviction. This means the convicted person can challenge the court’s decision and have the Court of Appeal (a higher court than the Superior Court) decide whether there were errors that require reversal.
All felony appeals in California must be based on valid grounds. These include evidentiary ruling errors by the trial court, insufficient evidence, juror misconduct, prosecutorial misconduct, erroneous jury instruction, and more.
Filing a felony appeal is similar to the misdemeanor appeals process:
- The appellant (person appealing) must file a notice of appeal with the trial court. For a felony, the defendant has 60 days to file the notice.
- The record will then be prepared, consisting of a Clerk’s Transcript that includes all the pleadings filed with the court and other documents, and a Reporter’s Transcript that includes the transcript of all oral proceedings from court.
- The appellant will then submit the opening brief detailing their arguments on appeal. The prosecution will submit a respondent’s brief. The appellant can then file a reply.
- Oral argument will then be scheduled.
- After the case is submitted, the Court of Appeal will either affirm the conviction, reverse it, or the court might remand the case back to the trial court for modification of judgment. A remand means further proceedings or a retrial is needed.
- Also, the losing party is entitled to file a petition for review in the California Supreme Court.
Appealing a felony conviction in California can feel overwhelming. With the right guidance, it doesn’t have to be. Call Gressley & Donaldson LLP. to speak with a seasoned appellate lawyer who can help you with your felony appeal.
Writ of Mandamus
A writ of mandamus is a court order issued by a higher court legally requiring a government agency to perform an act. A petition for writ of administrative mandamus, for example, is filed to review the decision by the DMV to suspend a person’s license after an administrative per se hearing.
The attorneys at Gressley & Donaldson, LLP have filed many petitions for writ of administrative mandamus against the DMV and have had success. These petitions are complex, difficult, and time consuming. Call Gressley & Donaldson, LLP if you have lost your license and would like to challenge the DMV’s decision.
The Appellate Process in California
As much as our justice system strives for perfection, juries and courts can and do make mistakes. This is why California has the appellate process. It ensures that, if an error does occur, justice can still be pursued. You don’t have to navigate the appellate process alone; book a consultation with one of Gressley & Donaldson, LLP’s appeals lawyers today.
The appellate process in California hinges upon the belief that a miscarriage of justice has occurred. If a defendant feels their trial was conducted unfairly, they have the right to appeal. This does not mean a case will go to retrial. Instead, a review of the court proceedings, including the final sentence, occurs to determine if they were conducted in accordance with the law.
If you have been convicted of a crime but believe your case was handled unfairly, you may want to speak to an attorney about appealing. Reach out to Gressley & Donaldson LLP. to explore all your options.
Strategies for a Successful Appeal
Appealing a criminal conviction can be daunting. The appellant process is complicated, and gathering the required evidence can be time-consuming. Below are a few strategies and tips for a successful appeal.
- Legal Assistance: Having an appeals attorney is an excellent strategy for a successful appeal. From making deadline requirements to writing strong briefs, an experienced lawyer is invaluable in successfully navigating the appellant process.
- Get Informed: Besides legal assistance, knowledge is another important strategy. Understanding the standards of review, the relevant legal terminology, how the appellant process works, what to expect, and how to conduct yourself will only help your appeal.
- Write a Strong Brief: Briefs are where you can really make your case. For this reason, be clear, concise, and precise in your writing. Write with confidence. Remember that you have a point to make and get to it.
- Know and Make Your Deadlines: The appellant process has many deadlines, all of which you need to know and adhere to. Missing a deadline could result in the loss of your right to appeal. Plus, tardiness communicates a lack of care and prioritization, something you want to avoid at all costs.
You can employ myriad strategies when appealing your conviction. A strong appeals lawyer will help you determine which is right for your case. Book an appointment with Gressley & Donaldson, LLP to explore the myriad appeal strategies.
Is a Writ Appropriate in Your Case?
One of the more confusing aspects of the legal system is knowing when to file a writ, an appeal, or both. This begs the question: What is the difference between a writ and an appeal in California?
The main difference between an appeal and a writ is that an appeal (if taken within the prescribed time-period, and if permitted by statute) is mandatory. That means the appellate court must hear the merits of your appeal. A writ may be available as a possible remedy for an unlawful order by the trial court, but the appellate court has discretion to hear it on the merits or summarily deny it and not hear it at all.
Figuring out whether an appeal or a writ is the proper remedy takes time and specialized knowledge. Speak with an appellate lawyer at Gressley & Donaldson, LLP to determine whether you should appeal, or file a writ.
How Writ Petitions Are Used in California Appeals
Writs serve an important purpose. They allow a person to challenge a trial court order or ruling sometimes even when a conviction has not yet occurred. They also allow one to sometimes go outside the record on appeal to prove that a constitutional violation occurred.
There are many different kinds of writs in California, but the most commonly used writ petitions are:
- The writ of habeas corpus: This writ is a petition to evaluate whether a person’s confinement is legal. A defendant can only file a writ of habeas corpus when they are in custody or have similar restraints (jail, prison, facility, holding center, parole, probation, released on bail, etc.) and have no other legal option or recourse available to them.
- The writ of mandate: A writ of mandamus, or mandate, is an order from a higher court to a lower court requiring legal action. Legal orders that are subject to a writ of mandate include a denial of a motion to continue, a denial of a discovery motion, and a denial of a motion for diversion. This writ usually must be filed within 30 days of the order in a misdemeanor and 60 days of the order in a felony.
- The writ of prohibition: Like a writ of mandate, a writ of prohibition is a juridical order from a higher court to a lower court. However, it stipulates the cessation of interference from the lower court in a trial being handled or examined by the higher court. This can be due to the lower court’s lack of jurisdiction. Legal orders that are subject to a writ of prohibition include a denial of a motion to dismiss due to statute of limitations violation or speedy trial rights violation, a denial of a 995 motion, or some other order that if it were granted instead of denied ends the action against the defendant. Most writs include both issues and are filed as a petition for writ of mandate or prohibition.
Like appeals, writs in South California are a fundamental part of the justice system. Knowing which to file is crucial. We at Gressley & Donaldson, LLP can help you determine whether a writ is right for your case.
Discuss Your Case Confidentially
Do you still have questions? Below are answers to some frequently asked questions. If there is anything else you are unsure about, contact us online at Gressley & Donaldson LLP. We are here to help.
the only riverside county criminal defense, dUI defense and appeals firm awarded the “super lawyers” designation
Gressley & Donaldson is the only Criminal Defense, DUI defense, and Appeals firm in Riverside, Murrieta, and Temecula to be awarded a Super Lawyers designation. Super Lawyers only awards this designation to Criminal Defense and DUI attorneys that demonstrate excellence among their peers.
What our clients say
Thank you Mike & Lara for getting my case dismissed and showing compassion, empathy and providing communication throughout the entire process.
Mark Cowan
Very happy I found Lara, she guided me and was with me through a very stressful time. She knew what she was doing and I trusted her. I am happy with the outcome of my case thanks to her. I highly recommend 🙂
Adriana Ramirez
Michael did a Great job, he went over & above for me! Plus he is a Good caring person & made me feel better. I definitely would recommend this Law Firm.
Marla Buhre
Great firm!! Mike Donaldson went way out of his way to make my experience of dealing with a legal matter 100% better than what it would have been going into it alone. Out of this whole experience I can say that I have gained a friend through this. Very professional, on time and handled everything I needed and asked for. unfortunately my family has had attorneys throughout our lives and I must say this has been a far more better experience than ever before. Thank you guys and keep up the good work
Matthew Delaossa
Lara did a fantastic job. She is so positive and encouraging. I loved when she said you didn’t have to worry anymore, we are talking care of you. She did! They went to bat and handled my case perfectly. Forever grateful. I highly recommend them.
Ken Mcfadden
Great people, Mike and his office is a solid team and know what to do, to get you the results your looking for!
Michael Hickson
Seriously THE BEST!!! AND I MEAN THE BEST IN THE BUSINESS!!! Worth every dime!!! PROMISE!! They are the best. Constant communication. Great information, get the job done. You’ll have no worries about them not fighting for you. They’ll take care of you. Highly recommend!!! Mike and Ron were my lawyers and I’m thankful for what they’ve done to protect my family and I!
Juan Sonora
To say, that Lara is an outstanding, top-notch attorney is a complete understatement. She is widely considered one of the top criminal lawyers in the State and certainly one of the top 3 appellate lawyers. She is tenacious; A true fighter. But she does so with saavy and knowledge. She has a library of information at her fingertips and is without a doubt a representation of every superlative a good lawyer can be showered with. She teaches Statewide to other DUI lawyers and fills the seats. She serves on the California DUI Lawyers Association Board and has been their President. Simply put, she is not just highly regarded by her clients, but by the other lawyers who truly know how to sort the wheat from the chaff. If you need a spectacular lawyer, this is a home run!
Richard Middlebrook
I have not dealt with anyone else besides Mr. Donaldson , so I cannot speak for them, but Mike is a class act. My interaction and involvement was minimal, but the positive experience I had would make me continue to use his services for all my legal needs, as well as recommend him to others. I have dealt with other attorneys before and all they see their clients as is another paycheck. That was not the case here. He is attentive and seems to genuinely care. Thanks again, MIke!
Austin Meyer
Definitely the best in the business! Don and Lara really know how to take care of someone. Extremely helpful at communicating throughout the entire process. Always kept me up to date with new information. Very detail oriented. I always felt secure and confident with them by my side. I would recommend them 110%.
Caitlyn Showalter
I have had the privilege of working closely with Lara Gressley for several years, and I can unequivocally attest to her exceptional prowess in the field of criminal defense and appellate practice. Lara is not just a lawyer; she is a true master of her craft, standing out as a beacon of excellence among her peers.
Lara’s expertise extends far beyond the courtroom. She possesses an unparalleled ability to dissect complex legal issues and provide insightful solutions. Her dedication to thorough research ensures that she is always at the forefront of legal developments, making her a trusted resource among legal professionals nationwide. It is not surprising that Lara frequently serves as an educator, sharing her knowledge and experience to elevate the skills of lawyers across the United States.
In every case, Lara’s preparation is second to none. She is the most prepared lawyer in the courtroom, meticulously mastering both the law and the intricate facts of each case. Her strategic approach coupled with her deep understanding of criminal defense and appellate procedures consistently leads to favorable outcomes for her clients.
What truly sets Lara apart is her unwavering compassion for her clients. She approaches each case with empathy and a genuine desire to achieve the best possible results for those she represents. This combination of legal acumen and empathy makes her not only an exceptional advocate but also a trusted ally to her clients during what is often a challenging time in their lives.
Erica Madrid
Mike Donaldson is an awesome person and attorney. He stays in contact with you, gets the job done. He explains everything. Never leaves you wondering! So glad I’ve found him, I’ve had many attorney experiences, wish I would’ve found him sooner! Give him a chance you won’t be disappointed!
Rip Patel
Excellent attorneys who know DUI law inside and out and go to the mat for their clients. They’re the ones other lawyers go to for help and advice on DUI cases. I have, as well as attended their always informative presentations on DUI law they give to the legal community.
Adriane Bracciale
Hands down the best DUI and appellate attorney in the entire state of California. Lara is an absolute machine and I would wholeheartedly trust my life with her. No mercy Lara!!!
Scott Levy
I used Mike Donaldson as my criminal defense attorney and I made the right choice. Mike’s intellect is extraordinary; he was prompt every time we gathered; he asked the right questions to further understand my case and developed a strategy to proceed. Long story short, Mike Donaldson was able to get my case dismissed, furtherance of justice. I would highly recommend this attorney to anyone who needs representation in a criminal matter. I have already recommended him to friends and family. As for the cost of his services, he was a steal. I would be surprised to see if any other attorney is as competitive with his pricing as Mike Donaldson.
Jake Cringan
As a criminal defense attorney, I know that Lara Gressley is highly respected by defense attorneys all over California. I have relied on her advice many times. She’s one of the smartest people I know. I can’t recommend her highly enough.
Phillip Crawford
I was arrested for crashing and then blowing a .08. I was devastated from being arrested for the first time and was facing DUI charges. I called 4 or 5 top-rated DUI attorneys in Temecula. I talked to each one for 30 minutes to one hour on the phone. Many of the responses were very uninterested and grim or OVERLY “promising” to talk to. And then I spoke to Mike Donaldson, and everything felt right. I decided to pay the $4,500 and meet with him and his partner in person at their location in Riverside, CA. Mike Donaldson take appropriate action to have my DUI dismissed. One thing that stood out to me is his attention to detail and patience to find a “reasonable” prosecutor. Also, they didn’t charge me for the DMV appeal. I feel like Mike saved my life. He went over everything and made me feel less like a terrible person. Mike is forever in my positive memories. And most importantly, My DUI charge went down to a reckless driving charge with a quick 32 hr online class and a small court fee of like $2,500. If you have any form of DUI, you have to choose Mike Donaldson.
Zachary Hellmann
Mike was a fantastic attorney who handled my case with a wealth of knowledge and professionalism. He was also very responsive and communicated effectively. I cannot recommend him enough!
Andrew Koscik
I just want to note that Mr. Donaldson was an excellent lawyer and I would recommend him to anyone dealing with a similar situation. He was always so promt with his responses to my questions about my DUI case and extremely understanding and compassionate. I never felt judged by him, even for a second. He definitely eased a lot of stress throughout the whole process, handling stuff I wouldn’t even have known where to start. Thank you, Mr. Donaldson.
Taylor Barnett
Attorney Mike Donaldson did a fantastic job. He helped me accomplish what I needed to get done. He is also the best and most responsive lawyer I have had. Taking the time to reply to my emails usually with in a few hours.
Dale Broad
Couldn’t say enough good things about Mike Donaldson. Took on multiple cases for me at a very affordable price. As other people said on other review sites, he genuinely cares about me. I am very satisfied with the results that I got from Mike. And I can’t thank him enough. I have tried to recommend so many people to him. I highly suggest using him. I can’t say that enough. Mike worked wonders for me.
Anthony Siracuse
Decades ago, I got myself into quite a bit of trouble with the law. I never thought it possible I’d be able to get my record expunged, but with Mike Donaldson, it was made a dream come true! I can’t express enough how worth it is to spend the money to get a record expunged. He took care of absolutely everything. He was very easy to reach and always responded in a timely manner. I highly recommend him!
Flavorful Faves
An amazing experience during a daunting time. When I retained Mike Donaldson’s services I was stressed, unclear of the legal process, and left with a pesimistic view of the uncertain situation. After the first call with Mike, I immediately knew I was not only in good hands with an experienced attorney but, that he would give my situation the personal attention I was looking for. Not only did he meet my expectations, he significantly exceeded them. He quickly earned my trust, is respected by the other legal professionals he interacts with, and was very effective in communicating a complicated world of process and procedure. I can’t thank Mike enough for all of the intangibles he exhibits and couldn’t imagine a better attorney.
Mark O'Leary
Mike Donaldson was extremely knowledgeable and helpful during our process. He was communicative and explained everything in detail which was much appreciated. The decision came back as a dismissal in our particular case which was great news! I would definitely recommend Mr. Donaldson for all your legal needs.
Lisa Duarte
Thank you Mike & Lara for getting my case dismissed and showing compassion, empathy and providing communication throughout the entire process.
Mark Cowan
Great firm!! Mike Donaldson went way out of his way to make my experience of dealing with a legal matter 100% better than what it would have been going into it alone. Out of this whole experience I can say that I have gained a friend through this. Very professional, on time and handled everything I needed and asked for. unfortunately my family has had attorneys throughout our lives and I must say this has been a far more better experience than ever before. Thank you guys and keep up the good work
Matthew Delaossa
Seriously THE BEST!!! AND I MEAN THE BEST IN THE BUSINESS!!! Worth every dime!!! PROMISE!! They are the best. Constant communication. Great information, get the job done. You’ll have no worries about them not fighting for you. They’ll take care of you. Highly recommend!!! Mike and Ron were my lawyers and I’m thankful for what they’ve done to protect my family and I!
Juan Sonora
Definitely the best in the business! Don and Lara really know how to take care of someone. Extremely helpful at communicating throughout the entire process. Always kept me up to date with new information. Very detail oriented. I always felt secure and confident with them by my side. I would recommend them 110%.
Caitlyn Showalter
Excellent attorneys who know DUI law inside and out and go to the mat for their clients. They’re the ones other lawyers go to for help and advice on DUI cases. I have, as well as attended their always informative presentations on DUI law they give to the legal community.
Adriane Bracciale
Very happy I found Lara, she guided me and was with me through a very stressful time. She knew what she was doing and I trusted her. I am happy with the outcome of my case thanks to her. I highly recommend 🙂
Adriana Ramirez
Lara did a fantastic job. She is so positive and encouraging. I loved when she said you didn’t have to worry anymore, we are talking care of you. She did! They went to bat and handled my case perfectly. Forever grateful. I highly recommend them.
Ken Mcfadden
To say, that Lara is an outstanding, top-notch attorney is a complete understatement. She is widely considered one of the top criminal lawyers in the State and certainly one of the top 3 appellate lawyers. She is tenacious; A true fighter. But she does so with saavy and knowledge. She has a library of information at her fingertips and is without a doubt a representation of every superlative a good lawyer can be showered with. She teaches Statewide to other DUI lawyers and fills the seats. She serves on the California DUI Lawyers Association Board and has been their President. Simply put, she is not just highly regarded by her clients, but by the other lawyers who truly know how to sort the wheat from the chaff. If you need a spectacular lawyer, this is a home run!
Richard Middlebrook
I have had the privilege of working closely with Lara Gressley for several years, and I can unequivocally attest to her exceptional prowess in the field of criminal defense and appellate practice. Lara is not just a lawyer; she is a true master of her craft, standing out as a beacon of excellence among her peers.
Lara’s expertise extends far beyond the courtroom. She possesses an unparalleled ability to dissect complex legal issues and provide insightful solutions. Her dedication to thorough research ensures that she is always at the forefront of legal developments, making her a trusted resource among legal professionals nationwide. It is not surprising that Lara frequently serves as an educator, sharing her knowledge and experience to elevate the skills of lawyers across the United States.
In every case, Lara’s preparation is second to none. She is the most prepared lawyer in the courtroom, meticulously mastering both the law and the intricate facts of each case. Her strategic approach coupled with her deep understanding of criminal defense and appellate procedures consistently leads to favorable outcomes for her clients.
What truly sets Lara apart is her unwavering compassion for her clients. She approaches each case with empathy and a genuine desire to achieve the best possible results for those she represents. This combination of legal acumen and empathy makes her not only an exceptional advocate but also a trusted ally to her clients during what is often a challenging time in their lives.
Erica Madrid
Hands down the best DUI and appellate attorney in the entire state of California. Lara is an absolute machine and I would wholeheartedly trust my life with her. No mercy Lara!!!
Scott Levy
As a criminal defense attorney, I know that Lara Gressley is highly respected by defense attorneys all over California. I have relied on her advice many times. She’s one of the smartest people I know. I can’t recommend her highly enough.
Phillip Crawford
Michael did a Great job, he went over & above for me! Plus he is a Good caring person & made me feel better. I definitely would recommend this Law Firm.
Marla Buhre
Great people, Mike and his office is a solid team and know what to do, to get you the results your looking for!
Michael Hickson
I have not dealt with anyone else besides Mr. Donaldson , so I cannot speak for them, but Mike is a class act. My interaction and involvement was minimal, but the positive experience I had would make me continue to use his services for all my legal needs, as well as recommend him to others. I have dealt with other attorneys before and all they see their clients as is another paycheck. That was not the case here. He is attentive and seems to genuinely care. Thanks again, MIke!
Austin Meyer
Mike Donaldson is an awesome person and attorney. He stays in contact with you, gets the job done. He explains everything. Never leaves you wondering! So glad I’ve found him, I’ve had many attorney experiences, wish I would’ve found him sooner! Give him a chance you won’t be disappointed!
Rip Patel
I used Mike Donaldson as my criminal defense attorney and I made the right choice. Mike’s intellect is extraordinary; he was prompt every time we gathered; he asked the right questions to further understand my case and developed a strategy to proceed. Long story short, Mike Donaldson was able to get my case dismissed, furtherance of justice. I would highly recommend this attorney to anyone who needs representation in a criminal matter. I have already recommended him to friends and family. As for the cost of his services, he was a steal. I would be surprised to see if any other attorney is as competitive with his pricing as Mike Donaldson.
Jake Cringan
I was arrested for crashing and then blowing a .08. I was devastated from being arrested for the first time and was facing DUI charges. I called 4 or 5 top-rated DUI attorneys in Temecula. I talked to each one for 30 minutes to one hour on the phone. Many of the responses were very uninterested and grim or OVERLY “promising” to talk to. And then I spoke to Mike Donaldson, and everything felt right. I decided to pay the $4,500 and meet with him and his partner in person at their location in Riverside, CA. Mike Donaldson take appropriate action to have my DUI dismissed. One thing that stood out to me is his attention to detail and patience to find a “reasonable” prosecutor. Also, they didn’t charge me for the DMV appeal. I feel like Mike saved my life. He went over everything and made me feel less like a terrible person. Mike is forever in my positive memories. And most importantly, My DUI charge went down to a reckless driving charge with a quick 32 hr online class and a small court fee of like $2,500. If you have any form of DUI, you have to choose Mike Donaldson.
Zachary Hellmann
Mike was a fantastic attorney who handled my case with a wealth of knowledge and professionalism. He was also very responsive and communicated effectively. I cannot recommend him enough!
Andrew Koscik
I just want to note that Mr. Donaldson was an excellent lawyer and I would recommend him to anyone dealing with a similar situation. He was always so promt with his responses to my questions about my DUI case and extremely understanding and compassionate. I never felt judged by him, even for a second. He definitely eased a lot of stress throughout the whole process, handling stuff I wouldn’t even have known where to start. Thank you, Mr. Donaldson.
Taylor Barnett
Attorney Mike Donaldson did a fantastic job. He helped me accomplish what I needed to get done. He is also the best and most responsive lawyer I have had. Taking the time to reply to my emails usually with in a few hours.
Dale Broad
Couldn’t say enough good things about Mike Donaldson. Took on multiple cases for me at a very affordable price. As other people said on other review sites, he genuinely cares about me. I am very satisfied with the results that I got from Mike. And I can’t thank him enough. I have tried to recommend so many people to him. I highly suggest using him. I can’t say that enough. Mike worked wonders for me.
Anthony Siracuse
Decades ago, I got myself into quite a bit of trouble with the law. I never thought it possible I’d be able to get my record expunged, but with Mike Donaldson, it was made a dream come true! I can’t express enough how worth it is to spend the money to get a record expunged. He took care of absolutely everything. He was very easy to reach and always responded in a timely manner. I highly recommend him!
Flavorful Faves
An amazing experience during a daunting time. When I retained Mike Donaldson’s services I was stressed, unclear of the legal process, and left with a pesimistic view of the uncertain situation. After the first call with Mike, I immediately knew I was not only in good hands with an experienced attorney but, that he would give my situation the personal attention I was looking for. Not only did he meet my expectations, he significantly exceeded them. He quickly earned my trust, is respected by the other legal professionals he interacts with, and was very effective in communicating a complicated world of process and procedure. I can’t thank Mike enough for all of the intangibles he exhibits and couldn’t imagine a better attorney.
Mark O'Leary
Mike Donaldson was extremely knowledgeable and helpful during our process. He was communicative and explained everything in detail which was much appreciated. The decision came back as a dismissal in our particular case which was great news! I would definitely recommend Mr. Donaldson for all your legal needs.
Lisa Duarte
dUI, criminal defense & appeals case results
.16%/.17% DUI DMV Hearing Win – First Offense DUI
Our client was contacted by the police after her and her husband pulled their vehicle over due to an argument. A civilian had called 911 to report the wife driving the vehicle poorly. When the police arrived, both the wife and husband denied driving. This means that the only evidence of any driving was a civilian’s hearsay statement, which is not competent evidence at a DMV hearing. The license suspension was set aside, and the client’s license will remain valid.
June 2024
.35% DUI Blood Suppressed at Motion Hearing
Our client was arrested after being located in the passenger seat of a truck on a rural road in the desert. The police arrested her for DUI, and took a sample of her blood. The analysis of her blood revealed a BAC of .35%. Our office filed a motion to suppress evidence, which challenged, among other things, whether her blood was drawn in a medically appropriate manner. After a hearing, the judge ruled the prosecution failed to prove that the blood was drawn in accordance with accepted medical practices, and the client’s BAC cannot be used against her at trial. The case is still pending, and will likely go to trial unless dismissed.
June 2024
DMV Writ of Mandate Win – .12% 2nd Offense for Commercial Driver
Our client (a commercial class A driver) was arrested for a 2nd offense DUI. The DMV suspended his class C and class A after a DMV hearing, which I believed we should have certainly won. Given that we were able to negotiate a reckless driving plea in court and got the DUI charges dismissed, the only thing that suspended the client’s class A was this bad DMV ruling. As a result, I filed a lawsuit against the DMV, challenging the legality of the suspension. Last week, after our first status conference on the writ of mandate, the DMV offered to set aside the suspension against the client’s license, and he will have his class A commercial license back soon.
June 2024
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We understand that being accused of a crime is one of the most challenging times of your life. Rely on us to advocate for your rights and to give you the defense you deserve.