San Jose, CA Criminal Law Attorneys
Valencia, Ippolito & Bowman
Our Firm defends adults and juveniles accused of a crime. Call to make an appointment for a free consultation at 866-739-9992.
The strength of your defense should be assessed by an attorney who fully understands the unique facts of your case and who knows how the law applies to your circumstances. Only then can you make the critical decisions that will protect your future. As trusted San Jose California Criminal Law Attorneys, we build results-driven criminal defenses in the following areas:
Sex Crimes:
Sex crimes have taken center stage, and the District Attorney prosecutes each case with unyielding conviction. The penalties are severe, and the trials are damaging to your reputation. We build a defense that confronts accusations and focuses on facts. We fight to ensure our clients’ rights are protected.
Domestic Violence:
Domestic violence charges grow increasingly severe for several reasons:
- Police officers feel pressure to make arrests.
- The District Attorney’s office aggressively prosecutes all incidents.
- The District Attorney’s office will not drop charges even if the alleged victim revokes their statement or refuses to testify.
Drug Crimes:
If you have been arrested for a drug related crime, it is beneficial to have our experienced attorneys evaluate your case. The following forms of alternative sentencing may be available:
- Substance abuse treatment
- Deferred entry of judgement (DEJ)
- Drug treatment court
DUI:
The state of California allows ten days after a DUI charge to request a hearing to prevent license suspension. Quick action when facing DUI charges can help keep your driver’s license or minimize damage to your driving record. Our attorneys can help you navigate through the complexities of a DUI charge. Our defenses have a track record of success in minimizing penalties for DUI convictions.
Gang Cases:
The District Attorney’s office takes gang cases very seriously and pursues the strictest sentences, including the Three Strikes Law, which mandates extended sentences for habitual offenders. Defendants with prior felonies can face a life sentence. We can work with you to build a solid defense backed by years of trial experience and success in gang-related cases.
White Collar Crime:
Keen and practiced knowledge of criminal law is a valuable tool in the negotiation and defense of white-collar crimes. Our attorneys possess years of criminal law experience and an insightful knowledge of business practices. We build a solid defense for the courtroom or provide informed counsel during civil negotiations.
In addition, we have a depth of expertise in a wide range of other criminal law practice areas, including:
- Felony Crimes
- Misdemeanors
- Homicide
- Traffic Offenses
- Gun Violations
- Internet Crime
- Investigations
- Juvenile Law
- Expungement Motions
Our partners draw from years of real-world lawyering experience and combine to make one ferocious team. Few defense firms can match the expertise and proven track record of the Law Offices of Valencia, Ippolito & Bowman.
In 2008, San Jose Magazine named Valencia and Ippolito “Criminal Defense Firm of the Year." Since then, our Firm has added former Deputy District Attorney Cameron Bowman to our team. In 1998, Bowman was named "Trial Attorney of the Year" by the Santa Clara County District Attorney's Office. In 2002 partner Pat Valencia was named "Juvenile Defense Lawyer of the Year." Partner Riccardo Ippolito has also earned his reputation as an aggressive and effective trial lawyer who fights for his clients. Between them, these attorneys have tried hundreds of misdemeanor and felony jury trials. Our lawyers have tried everything from DUIs to capital murder gang cases. We can help in a crisis.
As skilled San Jose California Criminal Law Attorneys, we have the stamina and resources to take on the toughest and biggest cases brought by the government. Our extensive contacts allow us to call upon the help of a veteran team of experts, investigators, and legal researchers to even the playing field with the prosecution. A large support staff is available to assist even after hours.
From bookings to arraignments to trials, Valencia, Ippolito & Bowman understands the inner workings of the California criminal justice system. Our clients are ensured a dedicated, aggressive defense at every step of the way. Personal service and prompt client communication are the hallmarks of this defense team.
Our Firm was founded in 1997 and is conveniently located down the street from the main court house. We practice exclusively in the area of criminal defense. We handle each case personally in order to maintain professional integrity and communication with the client. We have handled cases as far north as Weaverville, California, to as far south as San Luis Obispo. Our Firm handles all types of criminal matters from simple misdemeanor cases to complex “life term” and “3 Strikes” cases. We handle cases involving Domestic Violence, Narcotics, Sex offenses, and everything in between.
Our Firm has an investigation team that is available on call. As respected San Jose, California Criminal Law Attorneys, we have a strong record of success representing both adults and juveniles in numerous bench and jury trials.
The time to act is now. With so much at stake, do not hesitate. Pick up the phone and talk to a professional. We offer free consultations, payment plans, and credit card payments. Evening and weekend phone consultations available and, as always, se habla espanol. It is never too soon to start fighting for your rights.
If you or someone you know needs the assistance of an experienced San Jose, California Criminal Law Attorney, please contact Valencia, Ippolito & Bowman today at 866-739-9992, or complete the contact form provided on this site to schedule your free consultation.
Practice Areas and Legal Definitions
Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly. Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.
Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.
Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.
Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.
Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.
One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.
DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.
Criminal Law are laws established by Congress and state legislators that make certain behavior among citizens illegal and punishable by fines and/or imprisonment. In order to be found guilty of a criminal law, the prosecution must prove beyond a reasonable doubt that the defendant engaged in criminal activity that was intentional and deliberate.
When a society and its government deem that certain behavior or conduct is dangerous to citizens, or collectively damaging to society, such conduct is labeled a "crime" and is made punishable by sanctions, such as fines and imprisonment. Most crimes are identified in statutes that have been enacted by federal, state, and local government legislatures, in response to issues that affect the jurisdiction. Criminal statutes describe the type of conduct that has been deemed a crime, the mindset or intent required, and in some instances, the proper punishment.
Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.
Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.
It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.
What to bring to a consultation:
- A copy of all papers pertaining to your arrest(s);
- A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
- A copy of any report pertaining to the completion of any probationary or diversionary treatment program.
Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.
Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients. While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different. The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.
Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases. They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military. Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.
Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.
A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.
Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.
Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.
Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.
Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.
Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.
Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).
Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.
If you or someone you know needs the assistance of an experienced San Jose, California Criminal Law Attorney, please contact Valencia, Ippolito & Bowman today at 866-739-9992, or complete the contact form provided on this site to schedule your free consultation.
At Valencia, Ippolito & Bowman, our experience and dedication help us deliver effective defenses time and time again. Read on about clients who came to us facing severe criminal charges. Our dedicated attorneys gave them hope with a solid criminal defense.
These are our stories of success, helping people just like you.
Disclaimer: The result portrayed is dependent on the facts of that case. Your results depend on the facts of your case.
NOT Guilty:
- Charge: Client J.D. was charged with sexual misconduct involving his nine-year-old nephew and faced a sentence of 45-to-life in prison.
- Defense: While preparing for trial, we discovered that the alleged victim had lied about the entire incident.
- Result: After sharing this information with the San Jose District Attorney’s office, J.D. was released and dismissed on all charges.
- Charge: Client P. Gonzales was arrested for a Three Strikes Burglary Case and faced a 25-to-life sentence. Prior to trial, the judge offered him 14 years in State Prison, warning him it could mean a life sentence if he lost at trial. We believed he could win at trial.
- Defense: Through researching the facts of the case, it was evident that due to a long history of drug abuse and head injuries, our client did not intend to commit the crime.
- Result: In February 2008, in the San Jose Courthouse, P. Gonzales was offered a misdemeanor charge during the first trial. He was sentenced to credit for time served and was sent home.
- Charge: Client S. Aquino was charged with a Three Strikes DUI case and faced a possible life sentence.
- Defense: While preparing the case for trial, we discovered that, despite a history of DUIs and drug arrests, he had never been offered a rehabilitation program. Our client had never been given the chance to overcome his substance-abuse problems. We argued that he was entitled to that right.
- Result: In December 2008, in the San Jose Courthouse, S. Aquino was allowed to complete an in-custody drug program. After completion of this program, his sentence defers until he completes a long-term residential drug and alcohol treatment program.
If you or someone you know needs the assistance of an experienced San Jose, California Criminal Law Attorney, please contact Valencia, Ippolito & Bowman today at 866-739-9992, or complete the contact form provided on this site to schedule your free consultation.
Professional Profiles
If you or someone you know needs the assistance of an experienced San Jose, California Criminal Law Attorney, please contact Valencia, Ippolito & Bowman today at 866-739-9992, or complete the contact form provided on this site to schedule your free consultation.
FIRM ADDRESS:
Valencia, Ippolito & Bowman
991 W Hedding St.
San Jose, CA 95126
Phone: 866-739-9992
Hours: M-F, 8:00AM-5:00PM
After-hours appointments available.
MEMBERS OF THE FIRM:
Riccardo Ippolito
EDUCATION:
- Whittier College: J.D. 1993
- San Jose State: B.S. 1990
JURISDICTIONS LICENSED IN:
- California
FOREIGN LANGUAGES SPOKEN:
- Spanish
PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:
- California Attorneys for Criminal Justice
- California Public Defenders Association
- Top Attorney Juvenile Defense by San Jose Magazine
Patrick S. Valencia
EDUCATION:
- Santa Clara University: J.D. 1983
- Santa Clara University: B.S. 1978
JURISDICTIONS LICENSED IN:
- California
PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:
- California Attorneys for Criminal Justice
- California Public Defenders Association
- Top Attorney Juvenile Defense by San Jose Magazine
Cameron Bowman
EDUCATION:
- Santa Clara School of Law: J.D., 1989
- Santa Clara University: 1985
JURISDICTIONS LICENSED IN:
- California
FOREIGN LANGUAGES SPOKEN:
- Spanish
PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:
- Santa Clara County Bar Association
- State Bar of California
- California Public Defender’s Association
- California DUI Lawyer’s Association
- Ex-Santa Clara County Prosecutor
- Over 100 trials and nearly 20 years of experience
- Santa Clara’s Trial Attorney of the Year, 1998
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• Home secretary admits 'degree of complacency' • Measures to cut two-year delay in issuing asbos Alan Johnson, the new home secretary, today announced a package of measures designed to revive the use of antisocial behaviour orders to tackle the most extreme cases of intimidation and harassment. In his first major speech on crime, Johnson admitted that a period of intense activity by the ... - Crunch time for expanding prisons (Guardian Unlimited)
In a bid to please the red-top press, prisons have become dumping grounds for people with problems. It is time to take stock In case you haven't noticed, our prisons are in crisis. The jail population soared to an all-time high of almost 84,000 in 2008 – more than doubling since 1992 – and overcrowding continues to reach record levels. We lock up a greater proportion of our population than the ... - Equipment. (Greater Kashmir)
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of GreaterKashmir.com Interactive and all charges related thereto. - Allen Stanford lightly regulated by Florida: newspaper (Reuters)
MIAMI (Reuters) - Florida regulators seldom checked the Miami operations of Allen Stanford after giving the accused fraud master unprecedented freedom to send cash overseas and sell investment securities, the Miami Herald newspaper reported on Sunday. - Palin takes to Web for hints of political future (The Vail Trail)
Palin indicated on a social networking site that she would take on a larger, national role - Ed Balls calls for crackdown on parents lying for school places (Guardian Unlimited)
The schools secretary wants to quell a rise in the number of parents falsifying information on school application forms The schools secretary, Ed Balls, today called for an investigation into the number of parents who lie about where they live to secure school places for their children. The inquiry comes hours after a London council dropped a prosecution against a mother accused of lying about ... - Mandelson delays Rover report with news of fraud inquiry (Guardian Unlimited)
Four-year £16m inquiry into carmaker's demise will not be seen until Serious Fraud Squad has investigated 'Phoenix Four' The Serious Fraud Office has been called in to investigate the £1.4bn demise of MG Rover, the Birmingham-based car maker that collapsed in April 2005 with the loss of an estimated 15,000 British jobs. In a written statement to parliament tomorrow , business secretary Lord ... - Inside the walls of the prison, a different perspective can be found (Daily Local News)
I went to prison last month. - Doctor: Put teen in juvenile justice system (Daily Local News)
WEST CHESTER — A teenager who authorities say was one of two gunmen who tried to rob a West Goshen hotel last summer — a crime that ended with the fatal shooting of the other man — would best be treated as a juvenile offender and not tried as an adult, a psychologist said last week.
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