Best Criminal Defense Attorneys in San Jose

FAQs

• What is the non-emergency contact number for the local police station in San Jose, California?

  Contact 408-277-8900 to report non-emergency cases in San Jose, California.

• Where can I get a copy of police reports for incidents related to my case in San Jose, California?

  To obtain a copy of a police report for a criminal case in San Jose, California, visit SJPD Records Unit located at 201 West Mission Street. Call (408) 277-4261 for assistance.

• What are the common criminal offenses that occur in San Jose, California?

  The most common criminal offenses in San Jose include violent crimes such as aggravated assault and robbery, as well as property crimes like larceny and vehicle theft. A report from the local police department indicates a decrease of 1.02% in the total number of violent crimes and a 10.71% increase in the total number of property crimes between 2021 and the first half of 2022.

• How can a lawyer help a person who has been accused of criminal charges in San Jose?

  A lawyer can help a person accused of criminal charges in San Jose by providing legal representation, investigating the charges, building a strong defense strategy, and negotiating with the prosecutor to reduce or dismiss the charges. They also offer guidance on navigating the legal system and understanding the consequences of the charges.

• What is the government's time limit to file charges against someone who committed a crime in San Jose?

  The government's time limit to file charges against someone who committed a crime in San Jose depends on how serious the violation is. For misdemeanors, the time limit is one year, and three years for felonies. If the crime could result in eight or more years in prison, the limit is six years.

• Can defendants in San Jose choose to give up their right to a quick trial?

  Yes, a defendant in San Jose may choose to give up their right to a quick trial. If they do, there's no specific time limit for when the trial must happen. However, if the prosecutor waits too long to start the trial, the defendant's lawyer can ask the court to dismiss the charges by filing something called a "Serna motion." If the motion is successful, the charges will be dropped.

• What offenses are considered misdemeanors in San Jose?

  Misdemeanors refer to less serious criminal offenses like petty theft, simple assault, disorderly conduct, DUI, minor drug possession, domestic violence, and traffic violations. The punishment for misdemeanors in San Jose can be a maximum of six months in jail or a fine of up to $1,000. However, some misdemeanors can carry a sentence of up to 364 days in jail and/or a fine exceeding $1,000, depending on the severity of the misconduct.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.