Resisting Arrest in Southern California: Legal Consequences
At Gressley & Donaldson, we know being charged with resisting arrest is scary. It is a stressful time and may leave you unsure of what to do next or how to protect yourself. Our criminal defense team is here to help you. We want you to feel confident as you go through this tough time. We believe in giving each client the individualized attention they deserve. It helps them feel supported throughout the process.
In Southern California, resisting arrest can bring severe penalties. This typically means probation or jail time. You may need an experienced lawyer on your side to reduce your chances of these penalties.
Our team has handled many similar criminal cases. We know the California system. We can look at your situation from many different angles. This helps us build a customized defense strategy fit for your needs.
We know every case is different. We take the time to find the best solution for your situation and charges. If you are charged with resisting arrest in California, you need to act fast. These are time-sensitive situations. Timing can make a big difference in your case.
Need help with your resisting arrest case? Schedule a free consultation with our attorneys.
In this consultation, you can talk about your case in detail. Our attorneys will listen to your concerns, answer your questions, and give you options. Your peace of mind and future are our priority. We will walk you through the process with the care and respect you deserve.
What Is Resisting Arrest in California?
Resisting arrest, under California Penal Code § 148, is when a person willfully resists, delays or obstructs a law enforcement officer or emergency medical technician. Resisting or obstructing an executive officer is also covered under California Penal Code § 69.
This definition covers more than just physical altercations. Providing false information and interfering with police can also be considered resisting arrest. So can obstructing EMTs during an emergency while they are performing his or her duties. Understanding this definition is important. It serves as the framework for how we defend these charges in court.
In defending against resisting arrest charges, the context of the actions is everything. People may not know their actions seem resistant. Or they may be confused or scared.
Our attorneys are adept at looking at each case’s circumstances. We look for evidence of miscommunication or misunderstanding that may have caused the charges. We will investigate the incident to help get a fair trial for our clients and protect their rights.
Key Elements of a Resisting Arrest Charge
To convict someone of resisting arrest the prosecution must prove these elements beyond a reasonable doubt. One or more of these elements must be proven with evidence. This is the burden of proof. This is so the prosecution can argue their case and get a conviction.
- Willful Action: The defendant’s actions must have been intentional. This means accidental behavior, miscommunication, or a moment of panic may not meet this requirement.
- Official Duties: The officer or EMT must have been acting in their official capacity. This is key to showing that the resistance occurred during a lawful encounter and while performing their lawful duties.
- Knowledge: The defendant must have known or should have known the officer or EMT was acting in their official capacity. If the person did not know they were with law enforcement, it could be a defense to the charges.
- Level of Resistance: The resistance must have significantly impeded the official’s duties. Minor acts of opposition typically do not qualify.
- Intent to Obstruct: There must be a clear intent to obstruct or hinder the officer or EMT beyond just being present or verbalizing objections.
- Intent to Obstruct: There must be a clear intent to obstruct or hinder the officer or EMT beyond just being present or verbalizing objections.
- Legal Authority: The officer or EMT must have acted within their legal authority. Any actions outside of this may invalidate the charge of resistance. For an arrest to be lawful the officer must act within their lawful duty which includes having probable cause and not using excessive force.
- Immediacy: The resistance must be immediate and concurrent with the official’s actions. Delayed or unrelated resistance is irrelevant.
- Verbal and Physical: Both verbal and physical acts of resistance can be considered. However, the context and nature of the resistance is key in determining its legality.
- Self-Defense: If the defendant can prove they acted in self-defense against unlawful or excessive force it may negate the charges of resistance.
These elements are key in a resisting arrest case in court. For both the prosecution and defense. Legal cases are complicated. They require knowledge of the law and the ability to navigate tricky situations. That is where experience matters.
Our attorneys will consider everything and develop a plan to win for you. Call Gressley & Donaldson today to talk to our criminal defense attorneys about your defense.
Penalties for Resisting Arrest in California
In California, a resisting arrest charge is usually classified as a misdemeanor offense. However, these are not minor infractions but serious offenses in the eyes of the law. This is in California Penal Code Section 148. A conviction can bring severe penalties and have a huge impact. One must consider the possible consequences:
- Imprisonment: Up to one year in county jail for this offense. Good behavior or rehab can reduce jail time.
- Fines: Up to $1,000 in fines which can vary depending on prior offenses or the severity of the crime.
- Probation: Instead of jail time the court can grant informal probation. This allows the defendant to remain in the community under certain conditions such as regular check-ins with a probation officer, counseling sessions, or community service.
These can impact your life and work. They can mess up your personal and professional worlds. You must take a resisting arrest charge seriously.
Hiring our attorneys can make a big difference in the outcome. We know California law and have handled many of these cases. With our knowledge and guidance, we can help you navigate the complicated legal process. This gives you a chance to protect your rights and future.
Defenses for Resisting Arrest Charges
If you are charged with resisting arrest you need to explore and understand possible defenses. They may apply to your case. People accused of resisting arrest have several legal defenses to consider:
- Lack of Willfulness: If a person’s actions were not intentional they can be exonerated. This applies if, for example, they had a medical episode.
- False Accusation: Showing that the charges are false can kill a prosecutor’s case.
- Unlawful Arrest: A strong defense is to argue the arrest was unlawful. It lacked probable cause or was police misconduct. This challenges the basis of the charge.
- Alibi: The defense can prove the accused was somewhere else at the time of the crime and can clear them.
- Self-Defense: If the actions were necessary to avoid harm, they may justify a criminal act.
- Entrapment: If law enforcement pushed the defendant to commit a crime they would not have otherwise, it can nullify culpability.
- Insanity Defense: The defense can claim the defendant was not of sound mind at the time of the crime. So they could not understand the nature or wrongfulness of their actions.
- Duress: If the defendant was forced to commit the crime under the threat of immediate harm to themselves or others, it can negate the prosecution’s case.
- Mistake of Fact: A reasonable mistake about a key fact can act as a strong defense in certain cases.
Each of these defenses requires investigation and evidence. Having experienced criminal defense attorneys on your side can make a big difference.
Contact us today and let us show you how we can help you. Our attorneys will give you the peace of mind and support you need during this tough time. We will be with you every step of the way. Your case deserves our full attention and care.
The Role of a Criminal Defense Attorney in Resisting Arrest Cases
Resisting arrest charges can be complicated and tough. This is where the experience of a criminal defense attorney comes in. At Gressley & Donaldson, our attorneys use a strategic approach to defend clients. Our role includes:
- Case Analysis: We review every detail of the arrest report, the incident, and the prosecution’s evidence especially any actions against a police officer.
- Defense Strategy: We develop strong customized defense strategies. We explore all options for a good outcome for your case.
- Legal Research: We research cases to help your case and anticipate the prosecution’s moves.
- Expert Witnesses: We bring in expert witnesses if needed to bolster your defense.
- Transparency: We will keep you informed at every stage of the legal process. We want you to know what is possible regarding your defense.
- Research: We will research to find anything that can help your defense.
- Court Advocacy: Our attorneys will advocate for you in court. We will challenge the prosecution’s story and protect your rights.
- Plea Negotiations: We will negotiate plea deals when possible. They can reduce charges or sentences.
A good lawyer can be the difference in your case. They can be the difference between a conviction and a good outcome. If you are charged with resisting arrest you need to start building your defense now.
This early prep allows your defense attorney to get key evidence and witness statements. It allows your lawyer to understand your case inside and out. With a solid defense your chances of a good outcome increase. Never underestimate the importance of having good legal help during tough times.
Preparing for a Resisting Arrest Case
Preparation is crucial when charged with resisting arrest. We know the severity of resisting arrest charges in California. We will keep you informed and at ease throughout the process. Our attorneys at Gressley & Donaldson will walk you through a thorough preparation process including:
- Evidence Collection: We will collect and preserve all relevant evidence. It is important to a strong defense.
- Legal Research: We will research all the factors that can impact your case.
- Witness Interviews: Finding and interviewing potential witnesses can help your case.
- Case Strategy: A detailed legal strategy is key. But it must fit your case. This will prepare us for any surprises prosecutors may bring.
- Expert Consultation: Industry experts can provide insight and credibility to your case.
- Trial Prep: Trial prep includes developing arguments, exhibits, and testimony.
Each of these steps can be important to building a strong case. Preparation will give you the information you need. It will also set the stage for a better defense.
Contact Gressley & Donaldson today for a consultation. Our experienced attorneys will advocate for you. We will defend you and handle your case with care and attention.
Judicial Diversion under Penal Code section 1001.95 for Resisting Arrest Charges
Resisting arrest charges of California Penal Code 148 are eligible for judicial diversion under Penal Code section 1001.95. Judicial diversion allows a person charged with resisting arrest to complete rehabilitative terms of diversion, like community service hours, anger management, or other appropriate terms. If you complete the terms of diversion, and do not violate the law during the period of diversion, the charges will be dismissed in their entirety at the end of the diversion period, which can be up to two years.
Some of the factors relevant to determining whether you are someone likely to get judicial diversion for a California Penal Code 148 charge are:
- Prior Criminal History: Typically, only people with none or minimal prior criminal history are found suitable for judicial diversion.
- Misdemeanor Offense: Judicial diversion is only available to persons charged with misdemeanor resisting arrest in southern California.
- Capable of Rehabilitation: A judge must be convinced that a person is capable of rehabilitating their behavior if given judicial diversion.
- Collateral Consequences: If you could face collateral consequences due to a resisting arresting conviction, such as professional licensing consequences, immigration consequences, or job loss, then you would be someone that is likely highly motivated not to reoffend, and to be a good candidate for judicial diversion.
The lawyers at Gressley & Donaldson can help you seek judicial diversion for misdemeanor charges, like resisting arrest in violation of California Penal code 148.
Trial and Sentencing
If your case goes to trial our attorneys will work to protect your interests. We believe preparation is key. If needed we can:
- Present a Defense: We can use strategy to aggressively attack the prosecution’s case. We can introduce evidence for your defense.
- Negotiate Pleas: Where applicable we negotiate pleas on your behalf. They can reduce charges or penalties. In some circumstances, it is more beneficial than a long trial.
- Mitigation: If a conviction may occur, any sentence can be negotiated to the bare minimum terms through mitigation evidence, such as evidence of your situation and your character.
- Investigate: We will investigate your case thoroughly. We will work to get evidence, find witnesses, and build a defense that is right for you.
Our criminal defense attorneys will be with you. We can help whether through trial or negotiation. With a focus on protecting your rights and your voice, our experienced lawyers bring a nuanced approach to every case. Contact us today and let us be your advocates in this tough time.
Frequently Asked Questions About Resisting Arrest in California
Are you allowed to resist an unlawful arrest in California?
Resisting an illegal arrest can get you charged with resisting arrest or assault on a police officer, which can have serious legal consequences. Standing up to an illegal action sounds good in theory, but the legal system looks at each situation on its facts and circumstances. Those nuances can make all the difference in the legal outcome, so be careful.
In these situations, it is best to consult with an attorney before you do anything. An experienced attorney can give you insight into your rights and help you understand how the law applies to your situation. An attorney can walk you through the process and give you clarity on what to do while protecting your interests. They can lay out the pros and cons of different options so you can make informed decisions.
Ultimately knowing your rights and the consequences of your actions is key to navigating the legal system. By consulting with an attorney you can prepare yourself to handle the situation and protect yourself from unintended consequences.
What should you do if you think you are being illegally arrested?
When dealing with police, stay calm and do not resist. Ask the officer if you are being arrested to get clarity. If possible, get the officer’s badge number and name for your records.
Get legal advice as soon as possible to protect your rights and get guidance throughout the process. Remember, staying calm and informed will help you get through this.
Can you be charged with resisting arrest if you did not know you were being arrested?
Yes, you can be charged even if you didn’t know you were being arrested. Ignorance of an arrest does not usually provide a defense under the law. It is important to understand that if an officer is within their authority an officer does not have to tell you that you are being arrested.
The case can still move forward. You can be held accountable for any illegal actions. Be informed and get legal help if you are in this situation. Knowing your rights will help you through this process more smoothly.
Is resisting arrest a felony in California?
Resisting arrest (Penal Code § 148) is a misdemeanor. Delaying, obstructing, or interfering with a police officer does not generally get you felony charges. But related offenses like assaulting a peace officer can quickly escalate the situation and result in felony charges.
Whether an offense is a misdemeanor or a felony often depends on the severity of the actions and the circumstances of the incident. The level of force used, any injuries, and the intent behind the actions all play a role in how charges are filed and prosecuted.
If you find yourself in this situation you need to understand these laws. Knowing the legal consequences and the factors that go into an offense can help you make better decisions and navigate the system. We can help you understand these complexities and give you clarity on what can happen.
How long do you go to jail for resisting arrest in California?
A misdemeanor conviction for resisting arrest can get you up to one year in jail. The jail time will vary based on several factors. The defendant’s record, the case facts, and any aggravating or mitigating circumstances will all play a role in the court’s decision.
The court may also impose other penalties like fines, probation, community service, or mandatory counseling sessions depending on the circumstances. Talk to our lawyers to find out what penalties may apply to your case.
What actions are considered as resisting arrest in California?
Resisting arrest includes: struggling with officers, giving false info, obstructing police, impeding EMTs and law enforcement officials in their duties. Obstructing or delaying a public officer in their duties is considered resisting arrest.
False info means misleading details or lying to police officers. That is considered obstructing justice as well.
Also, obstructing police investigations means any behavior that hinders the gathering of evidence or the progress of an investigation. Impeding EMTs and public officers in their duties may disrupt their emergency work.
Each of these can have serious legal consequences.
What are the consequences of a felony charge for resisting arrest?
A felony charge can mean big penalties with long-term consequences. A conviction can get you over a year in prison. That can affect your personal life, family, and future. A felony conviction can mean a permanent criminal record, beyond just prison time. That record can hurt your job prospects. Many employers will not hire those with a felony history.
Also, finding housing can be tough. Landlords sometimes refuse to rent to someone with a criminal record. A felony stigma can damage relationships and your reputation. It makes it hard to rebuild your life. A felony charge is serious. Get legal advice. Consider all your options to minimize the consequences.
What to do if you see someone being illegally arrested?
If you see an illegal arrest, stay calm and do not interfere. If possible, record the incident from a safe distance without obstructing the police. Take notes on what happened, including the officers’ badge numbers and names.
If you are able, give your contact info to the person being arrested for witness support. Stay calm and focused on gathering information that can be used in future legal proceedings.
Gressley & Donaldson: Resisting Arrest Defense in Southern California
If you or a loved one are charged with resisting arrest in Southern California, you need to act now. Experienced legal representation can make all the difference in your case. At Gressley & Donaldson, we know your situation is serious. We will give you the best legal help we can possibly provide. Our team will be there with you. We will make sure your rights are protected in the legal process.
We will listen to your concerns, answer your questions, and keep you updated every step of the way. By hiring us, you are choosing a partner who is as invested in your success as you are. We will make the legal process less stressful so you can focus on what matters most—your life.
Call us today to schedule a consultation with our criminal defense lawyers. Let us get started building your defense.
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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.