Best Criminal Defense Attorneys in Santa Clara

FAQs

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

  Contact (408) 615-5580 to report non-emergencies in Santa Clara.

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

  Visit https://scpd.nextrequest.com/ to get a copy of the police report for a criminal incident in Santa Clara. The records unit may be contacted at (408) 615 4700 and through records@santaclaraca.gov for further assistance.

• What are the consequences of theft charges to a person in Santa Clara?

  Individuals who are accused of stealing in Santa Clara may encounter obstacles when seeking employment at various companies. Additionally, if licensed professionals are found guilty of theft, they may lose their right to practice in their field of expertise. The penalty for misdemeanor grand theft is a maximum of one-year imprisonment, while felony grand theft can lead to jail time of up to three years.

• Is wage theft considered a criminal offense in Santa Clara?

  Yes, wage theft is considered a criminal offense in Santa Clara. In this case, employers who are not paying overtime work and those leaving out income tax and social security deductions may be sued for grand theft. However, seeking legal advice is strongly advised as most wage theft cases involve other criminal activities. If proven, the victim may be entitled to receive compensation.

• Is it possible to entirely delete the criminal records of a convicted person in Santa Clara?

  No, it is not possible to completely erase the criminal records of a convicted person in Santa Clara. However, access to the records can be restricted. Rather, it is advisable to seek assistance from a lawyer who can negotiate to have the case dismissed or reduce the charge to a misdemeanor, which isn't required to be reported in job applications. This may also be beneficial for immigrants as they can avoid deportation and delays in obtaining residence.

• What can happen to a person who is found guilty of domestic violence in Santa Clara?

  People who are found guilty of domestic violence in Santa Clara may be required to attend a year of counselling and anger management or parenting classes, as well as a three-year probation period. They may also be prohibited from accessing their homes, seeing their children, and carrying or owning firearms. Additionally, having a criminal record for domestic violence can impede their career opportunities and make it challenging to secure housing.

• How are firearms violations assessed in Santa Clara?

  In Santa Clara, prosecutors evaluate firearms violations based on the type of weapon used and the extent of injuries or damages caused. Some of the illegal weapons include knives that are over 2 inches long, silencers, machine guns, unregistered firearms, and assault weapons. Misdemeanor weapon charges can result in up to one year of imprisonment and/or a fine of up to $1,000, while felony charges are punishable by up to 20 years of incarceration.

• 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.