Mike Rains is a principal and founding member of Rains Lucia Stern St. Phalle & Silver, PC (“RLS”). He heads the firm’s Criminal Defense Practice Group and is the emeritus Chair of the firm’s Legal Defense of Peace Officers Practice Group. Mike is one of California’s top trial attorneys. He has over 40 years of experience representing peace officers and other high-profile clients in civil and criminal litigation. Mike’s practice focuses on criminal trial work in both state and federal courts. Over the course of his career, Mike has defended peace officers in some of the most complex and controversial criminal trials in California history, including the successful defenses of the “Corcoran 8” and the “Oakland Riders.” Mike also represented former BART Officer Johannes Mehserle, who was accused of murder by the Alameda District Attorney. Mike also handles civil and labor-related actions, and has served as both defense and plaintiff’s counsel in state and federal court employment cases.
Before founding what is now RLS in 1999, Mike was a partner with the San Francisco firm of Carroll, Burdick and McDonough. He joined the Carroll, Burdick firm in 1982 after several years representing police officers in Los Angeles.
Mike enthusiastically shares his knowledge and expertise in police disciplinary matters by teaching at numerous criminal justice academies and at POST-approved seminars, addressing topics such as internal affairs investigations, the handling of critical incidents, and sexual harassment.
After graduating from the California State University at Long Beach, summa cum laude, Mike served in Vietnam with the United States Marine Corps. He joined the Santa Monica Police Department after his military service. While a member of the Santa Monica P.D., he was awarded a scholarship to attend Golden West University School of Law. He was also president of the Santa Monica Police Officers’ Association at this time. Attending classes at night, he graduated magna cum laude and was valedictorian.
He is licensed to practice in the state courts of California and the Ninth Circuit Federal Court of Appeals.
Disclaimer: Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.
Education
• B.A., Magna Cum Laude, California State University at Long Beach
• J.D., Summa Cum Laude, Golden West University School of Law
- Former Alameda County Deputy Granted Industrial Disability Retirement After Criminal Charges Dismissed and Record Sealed
- Analysis of State DOJ OIS Investigations Pursuant to AB 1506
- RLS Eager to Clear Alameda Officer Charged in Death of Mario Gonzalez
- Off-Duty Marijuana Use: How AB 2188 and SB 700 Impact Public Employees in California
- Five-Count Criminal Case Dismissed Against SFPD Rookie Officer Christopher Samayoa
- The Unwarranted, Corrupt Political Hit That Almost Worked
- Five Oakland Police Officers Ordered Reinstated After Court Finds that City “Manipulated” Hearing Officer’s Decision
- Senate Bill 2 – What It Does and How It Works
- Outline of Implementation of AB 1506: The New Law Dealing with Fatal Shootings of Unarmed Civilians
- Police Shootings of “Unarmed Civilians” to be Investigated by State DOJ
- Demystifying Qualified Immunity
- RLS Partners Mike Rains and Justin Buffington Win Complete Acquittal of Rocklin Officer in Felony Use of Force Trial
- California Attorney General Declines to Apply SB 1421 Retroactively
- Statement from Rains Lucia Stern St. Phalle & Silver regarding Senate Bill 1421
- Urgent Legal Challenge to Prevent Retroactivity of Bill Regarding Release of Peace Officer Personnel Records
- Assembly Bill 748 Makes Video Evidence Captured by Police Agencies in Two Types of Cases Subject to Disclosure as Public Records
- Senate Bill 1421 Makes 4 Separate Categories of Internal Affairs Investigations Subject to Disclosure as “Public Records”
- Court of Appeal Issues New Decision Concerning Brady Discovery Precluding Law Enforcement Agencies from Transmitting “Brady Lists” to Prosecutors
- PERS Announces Greater Scrutiny of Industrial Disability Retirements
- PORAC and RLS Work Together on RIPA Letter
- RLS in the California Supreme Court – Great Victory for Police Officers in Brady Discovery Case
- Mike Rains – To Discuss the Ferguson Grand Jury Results on National Public Radio, “To the Point.” 11/26/14 at 11:10 a.m.
- California Supreme Court Agrees to Hear (and Hopefully Overturn) Recent Appellate Decision Allowing District Attorneys Direct Access to Peace Officer Personnel Files for Brady Material Review
- RLS Asks the California Supreme Court to Overturn a Dangerous Decision Concerning Brady Discovery
- Federal Jury in San Francisco Clears Former Bart Police Officer Johannes Mehserle of Constitutional Rights Violations in the Fatal Shooting of Oscar Grant III
- RLS’s Mike Rains Successfully Defends Johannes Mehserle in Civil Rights Trial
- COURT OF APPEAL DISMISSES CIVIL SUIT FILED BY L.A.P.D. OFFICERS FOR NUMEROUS VIOLATIONS COMMITTED BY INTERNAL AFFAIRS INVESTIGATORS
- The Ultimate Backup Expands to Southern California
- RLS Adds Veteran Lawyer to Sacramento Office
- Limited First Amendment Rights of Public Employees
- Mike Rains Teaches Class on Officer-Involved Shootings and the Mehserle Case to 600 Detectives in Los Angeles
- The RLS Brady Summit: Renowned Speakers and A Sell-Out Audience
- The Saga of Oakland Police Sergeant Derwin Longmire – Irresponsible Media, An Indefensible Investigation, Dishonest Decision-Making, and the Inevitable Politics of A High Profile Police Case
- Murder/Manslaughter Charges Against Stanislaus Deputy Sheriff Dismissed Following Preliminary Hearing
- District Attorney’s Offices are not Required to Obtain Officers’ Dates of Birth and Run “Rap Sheets” on Officers Who May be “Material Witnesses” in Criminal Cases
- Recent Appellate Court Decision Discusses A Police Officer’s Right of Association With Others While Off Duty
- Oakland “Riders” Acquitted
- Judge Recuses Alameda District Attorney Price from Officer-Involved Shooting Case
- DA Price May Face New Recusal Fight in Steven Taylor Case
- East Bay Police Officers Arrested in FBI Raid
- Alameda County D.A. Files Misdemeanor Complaint Against Former Prosecutor, Says He Betrayed Office
- State Attorney General Won’t Charge S.F. Officer Who Fatally Shot Keita O’Neil in 2017
- Antioch Police Union’s Lawyer Says Mayor Thorpe Violated State Law, Confidentality of Officers Under “Non-Criminal” Investigations
- After Misconduct Claims, Hearing Delayed for SFPD Officer Who Shot Keita O’Neil
- Report: Vallejo Police Officer Who Threatened Chronicle Journalist Cleared of Wrongdoing
- 2 ex-Alameda County Deputies Charged in S.F. Beating Received Quiet Plea Deals from Boudin’s Office
- Vallejo Police Officers’ Association: Chief is a failed leader
- Bisa French Reinstated as Richmond Police Chief After 9-month Leave of Absence
- Judge says Oakland Improperly Fired 5 Officers Following Killing of Unhoused Man
- Claim Alleges False Testimony by Vallejo Police Chief
- Judge Upholds Manslaughter Charge Against San Leandro cop in Walmart killing, But Says ‘There’s No Way in the World’ a Jury Will Convict
- Is California’s New Police Deadly Force Law Making a Difference?
- ABC7 News: Michael L. Rains Talks the Derek Chauvin Verdict
- Antioch POA Issues Statement on Antioch’s Investigation of City Council Member Tamisha Torres-Walker
- Attorney Confident Vallejo Police Will Be Cleared in Destruction of Evidence Probe
- Contra Costa DA’s Change in Approach to Police Shootings Ignites Tensions
- Rash of Deadly Shootings by Police in Bay Area
- Brown Act violation Reinstates Oakland officers Fired Involved in 2018 Fatal Shooting
- Former Oakland Coliseum Exec Could Work Out Deal in Criminal Case
- California Lawmakers: Time to Consider Revoking Badges of Problem Officers
- Contra Costa County Assessor Gus Kramer Accused of Creating Hostile Workplace, May Face Removal
- Adachi Leak Case: Police Executed Seven Search Warrants on Cops, Journalist
- California Journalists Shield Law One of the Strongest in the Nation
- New Records Show Deputy Linked to SF Beating Shot Two Suspects in Fatal Police Shootings
- Fired Police Chief Bullied Others, Ignored Bad Evidence Locker, Termination Letter Says
- Intent to Fire Chief Arouses Attorney’s Ire
- Michael Rains Interview by Beverly Barela.
- Charges Dismissed Against Former San Leandro Cop Who had Sex with Minor
- John Burris and Michael Rains: Justice is in the eyes of the beholder
- Richmond Police: Attorney for terminated police officers fires back
- Former Stanislaus sheriff’s detective Kari Abbey takes plea deal
- Alameda County deputies plead not guilty to SF beating charges
- San Jose: Local NAACP petitions court to make city challenge officer’s reinstatement
- Judge drops contempt-of-court complaints against Stanislaus prosecution investigator, chief prosecutor
- Details surrounding San Jose inmate’s death still sketchy
- Oakland man arraigned Friday in Hayward officer’s killing
- Convicted Former SFPD Officer to Produce Training Video for Department
- Attorney weighs in on Novato POA case
- California Bill Could Limit Police Access To Body Camera Footage
- Barry Bonds’ Obstruction Of Justice Conviction Overturned By 9th U.S. Circuit Court Of Appeals
- SAN FRANCISCO OFFICERS INVOLVED IN TEXT SCANDAL MAY BE IMMUNE TO BEING FIRED
- Police officers charged in fatal shootings while on duty: 54 cases in the past decade
- ‘Taser! Taser! Taser!’ a possible clue in dashboard camera video
- Video of police shooting isn’t a lock for criminal conviction
- South Carolina video may have huge impact on debate over police
- Cop Cams Will Change Policing. But Maybe Not The Way You Think.
- Kensington police sergeant disciplined in Reno gun-theft scandal
- Probation for ex-CHP officer in racy cell photos case
- Did CHP officer in racy-photos case ignore fatal car fire?
- Second federal police corruption trial opens with testimony about illegal searches
- Officer in Nude-Picture Theft Scandal Close to Plea Deal
- No charges for Richmond cop who took home pot
- For police reformers, California city shows a rough road
- CHP nude photo scandal: Officer pleads not guilty
- Ex-CHP officer sorry for stealing racy cell photos
- Attorney apologizes for CHP Officer’s conduct in nude cellphone photo case
- CHP Officer Accused In Nude Pic Theft From Female Suspect’s Phone Appears In Martinez Court
- Ex-CHP officer charged with two felonies in nude-photo sharing case
- CHP Officer Charged With Stealing Photos From Arrestees’ Phones
- In another Ferguson beating, courts examine police use of force
- Oscar Grant’s Father Not Entitled to Money for “Loss of Familial Relationship”
- Father of Oscar Grant loses lawsuit against BART officer
- Jury Finds In Favor Of Johannes Mehserle In Lawsuit Filed By Oscar Grant’s Father
- Oscar Grant case: Civil jury rules in favor of Johannes Mehserle, denies award to slain man’s father
- Oscar Grant’s Father Wins No Monetary Reward in Civil Suit Against Former BART Cop
- Jury denies damages in Oscar Grant’s father’s suit
- Civil jury gets case against Johannes Mehserle, second BART officer
- Ex-Hayward police officer sued over $500 bribe
- State Supreme Court Rules for More Transparency in Police Shootings
- Officers’ body cameras raise privacy concerns
- Danville Man Declined to Enter Plea on Charges of Civil Rights Violations
- 4 San Francisco cops plead not guilty to federal corruption charges
- Menlo Park council explores binding arbitration in police-discipline cases
- Two former officers found not guilty in death of Kelly Thomas
- Boy, 6, fatally bitten by relative’s dog
- Punished Oakland cops to get ranks back
- 2009 Oakland police shooting: Arbitrator reverses discipline against officers faulted for tragic SWAT operation
- Richmond police officer returns to duty following accusations of violent altercation in Fairfield
- 4 days, 5 deaths after officer-involved shootings
- Guns, marijuana part of Abbey prosecution case
- Circuit May Shut Door on Father of Slain BART Patron
- Oakland cop faces probe over comments
- Oakland police union chief to answer for newspaper story
- Oakland police union sides against brass
- Rains Lucia Opens S.F. Workers’ Comp Practice
- Oakland makes case against OPD takeover
- Federal takeover of Oakland cops urged
- Attorneys request major changes in Oakland Police Department
- Ex-Stanislaus detective’s defense gets more time to prepare for trial
- Oakland probes police shooting
- Johannes Mehserle Asks Court to Overturn Manslaughter Conviction
- Murder charges dismissed against former Stanislaus County detective
- Murder conviction could be tough in homeless death
- Gascon Drops Another 42 Cases Over Cop Scandal
- More undercover drug cases disappear amid growing SFPD scandal
- Judge denies Mehserle bail
- Despite sentencing legal issues surrounding Mehserle will continue for years
- Johannes Mehserle sentenced to 2-year minimum term
- People v. Mehserle: Minute Order
- Mehserle sentencing: Jury verdict’s mixed signals
- For cops, citizen videos bring increased scrutiny
- Mehserle’s attorney seeks new trial as new evidence emerges
- Mehserle trial: Experts say witnesses’ testimony bolsters defense
- Mehserle trial witness’ surprise admission
- Burris banned from talking to the media; defense wins another motion in Mehserle murder case
- Burris resists being called as Mehserle witness
- Oakland civil rights attorney may take the stand in Mehserle trial
- Mehserle lawyer wants jury’s options limited
- Oakland Officer Sues City For Tarnished Reputation
- Tentative deal reached in pay dispute between Oakland, police officer
- Oakland cop cleared of Bailey case misconduct
- The Persecution of Barry Bonds
- Cop’s lawyer defends friendly talks with Bey
- Lawyer says cyclist crash deputy was fatigued
- Ex-San Leandro cop accused of groping in rights suit
- Lawyer says Bonds ‘told them like it is’ ‘PERJURY TRAP’ SET, ATTORNEY CONTENDS
- No felony convictions for ex-police officer Jury finds ex-cop guilty of brandishing weapon, but no felony charges
- BALCO grand jury extended?
- Bonds’s Lawyer Begins Offensive Against Case
- The Cream and the Cake
- Attorney maintains case against Bonds is weak
- Plea date set for cop in sex case
- Officer faces charges of wrongly touching 2
- Attorney for Bonds lashes out at investigators
- Doubt cast on man’s alleged role in slaying of JonBenet
- Police officers call Barry Bonds’ attorney when in trouble
- Police officer-turned-lawyer goes to bat in Bonds’ defense: Rains runs his Pleasant Hill practice with same passion he brings to court.
- Bonds’ lawyer blames the government for leaks
- Bonds story to be continued
- All Charges Against Officer are Dropped
- Police officer charged with three felonies
- Newsom says he was right to quickly condemn video Producer apologizes, wants ‘slander’ to end
- To Protect and Serve
- Use of Force Investigations Under the News Law: Legal and Practical Considerations (Berkeley Class)
- Use of Force Investigations Under the New Law: Legal and Practical Considerations
- Oct. 2nd – Oct. 4th, 2019 – ACSO Internal Affairs Course (Dublin, CA)
- Oct. 2nd – Oct. 3rd, 2019 – Gang Survival Symposium (Salinas, CA)
- Sept. 23rd – Sept. 27th, 2019 – Officer-involved Shooting and Force Investigation Course (Monterey, CA)
- July 22nd, 2019 – July 23rd, 2019 – PORAC LDF Conference (Las Vegas, NV)
- June 20th – June 21st, 2019 – Protecting Cops in the 21st Century Symposium
- June 12th, 2019 – Internal Affairs Course (Santa Rosa, CA)
- May 23rd, 2019 – Officer-Involved Shooting Course (Location TBA)
- May 20th – May 22nd, 2019 – ASCO Internal Affairs Class (Dublin, CA)
- May 8th, 2019 – Internal Affairs Course (Carmel, CA)
- May 2nd, 2019 – Officer-Involved Shooting Course (Sacramento, CA)
- April 10th, 2019 – Internal Affairs Course (Sunnyvale, CA)
- Mar. 14th, 2019 – Officer-Involved Shooting Seminar (Sacramento, CA)
- Feb. 13th, 2019 – Internal Affairs Seminar (Monterey, CA)
- Feb. 6th, 2019 – Internal Affairs Course (Mountain View, CA)
- Feb. 4th – 8th, 2019 – Force Science Certification Course (Concord, CA)
- Jan. 31st, 2019 – Officer-Involved Shooting Course (Sacramento, CA)
- Dec. 17th – Dec. 19th, 2018 – ASCO Internal Affairs Class (Dublin, CA)
- Nov. 15th – Nov. 16th, 2018 – Civilian LE Symposium (Concord, CA)
- Oct. 8th – Oct. 12th, 2018 – OIS and Force Investigations Course (Dublin, CA)
- Sept. 5th – Sept. 7th, 2018 – ASCO Internal Affairs Class (Dublin, CA)
- June 21st, 2018 – “Protecting Cops in the 21st Century” Symposium (Costa Mesa, CA)
- June 13th – June 15th, 2018 – ASCO Internal Affairs Class (Dublin, CA)
- May 9th – May 11th, 2018 – ACSO Internal Affairs Class (Dublin, CA)
- April 4th, 2018 – Internal Affairs Course (Santa Clara, CA)
- March 8th, 2018 – ICI Officer Involved Shooting (McClellan, CA)
- Feb. 21st – Feb. 23rd, 2018 – ACSO Internal Affairs Class (Dublin, CA)
- Feb. 12th- Feb. 14th, 2018 – Internal Affairs Class (Redwood City, CA)
- Feb. 6th – 8th, 2018 – CRIA Training Conference, 2018 (Reno, NV)
- November 29th, 2017 – Internal Affairs Seminar (Santa Clara, CA)
- October 19th, 2017 – Officer-Involved Shooting and Force Investigation Course (Seaside, CA)
- Sept. 6th – 8th, 2017 – 3rd Annual Law Enforcement Association Leadership Symposium (San Diego, CA)
- Aug. 9th, 2017 – Law Enforcement Management South Bay Regional POST Course (Monterey, CA)
- July 26 – 27, 2017 – Internal Affairs Investigation (Dublin, CA)
- Jun. 28, 2017 – Third Degree’s Internal Affairs Seminar (Redwood City, CA)
- Jun. 22, 2017 – Protecting Cops in the 21st Century Symposium (Newport Beach, CA)
- Jun. 21, 2017 – POST Management Course, South Bay Regional (San Jose, CA)
- Jun. 07, 2017 – POST Management Course, South Bay Regional (Carmel, CA)
- Jun. 2, 2017 – Law Enforcement Use of Force & Liability Conference (Los Angeles, CA)
- May 24, 2017 – Third Degree’s Internal Affairs Seminar (South Lake Tahoe, CA)
- Apr. 18, 2017 – SWAT/Tactical Liability Update (Castro Valley, CA)
- Apr. 20, 2017 – SWAT/Tactical Liability Update (Sacramento region, CA)
- Apr. 13, 2017 – ICI Officer-Involved Shooting and Force Investigation (McClellan Park, CA)
- Mar. 30, 2017 – ICI Officer-Involved Shooting and Force Investigations Course (Seaside, CA)
- Mar. 8, 2017 – ICI Officer-Involved Shooting and Force Investigations Course (Seaside, CA)
- Mar. 1, 2017 – Third Degree’s Internal Affairs Seminar (Santa Cruz, CA)
- Feb. 3, 2017 – RLS Labor Symposium 2017 (Moraga, CA)
- Jan. 26, 2017 – ICI Officer Involved Shooting
- Sept. 24th – Sept. 26th, 2018 – Internal Affairs (Redwood City, CA)
- Dec. 16th – Dec. 18th, 2019 – Internal Affairs Course (Redwood City, CA)
- More Past Classes