Top San Jose, CA Criminal Defense Lawyers Near You

What Is Criminal Defense?

Criminal defense is a legal practice area that focuses on representing people charged with committing criminal offenses. Criminal defense lawyers work to protect the rights and interests of their clients. Their goal is to make sure their clients receive a fair trial and that their constitutional rights are being upheld. Common areas of criminal defense include:

• Assault and battery
• Drunk driving
• Arson
• Theft
• Homicide
• Fraud
• Kidnapping
• Probation violations
• Rape
• Robbery
• Vandalism
• White collar crimes

Different Types of Criminal Charges

In the state of California, criminal charges are classified in levels of severity ranging from:

• Minor infractions like traffic tickets or speeding violations,
• Misdemeanors, or
• Felony or aggravated felony charges.

Each criminal charge carries its own potential punishment, which can include fines, probation, community service, and serving time in jail. Depending on your circumstances, like any prior criminal history, these penalties can increase in severity. Reading about criminal law and your rights can help you see the importance of a solid defense.

Should You Accept a Plea Deal?

Police and prosecutors count on making defendants feel like they have no other option but to accept a plea deal, such as threatening to seek harsher punishment if you take your case to trial. You should only accept a plea deal after your attorney has taken a careful look at your case and the evidence for and against you. In some cases, a plea deal may be more beneficial than taking your case to trial, but this is not a decision you should make on your own. It should be with someone who knows the law of California in order to ensure you are getting the best outcome possible.

When Should You Ask for an Attorney?

No matter what your legal issue may be, it is always best to seek legal help early in the process. If you learn you are under investigation or a suspect of a criminal investigation, asking for an attorney can be critical. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

If the police are investigating you and tell you they “just want to ask you a couple of questions,” you have the right to politely refuse and ask for a lawyer’s help. An attorney can speak to police and prosecutors on your behalf and make sure they respect your rights, as well as provide you with legal counsel before you answer any other questions.

What Do Criminal Defense Lawyers Do?

The goal of a criminal defense lawyer is to help you navigate the criminal justice system and help you obtain the most favorable outcome possible for your particular situation. A criminal defense lawyer will ensure that law enforcement respects your legal rights if they are investigating you or have arrested you. Defense attorneys can help with a number of procedural issues as well, including:

• Reducing your bail
• Challenging your arrest
• Throwing out any incriminating statements you made to the police
• Determining whether any of your rights guaranteed by the United States Constitution have been violated
• Answering any questions you might have regarding your criminal charge
• Working with the prosecutor to obtain a plea deal

Your attorney will also conduct their own investigation to look for the best strategy to defend against your charges, including representing you at trial if necessary.

What Are Some Examples of Situations Where I Might Need a Criminal Defense Lawyer?

Many innocent people are arrested for something they didn’t do. Don’t rely on the truth to set you free. You may need the experience of a criminal defense lawyer to clear your name. Even if you think you are guilty of an offense, you are entitled to a high-quality defense and the chance to minimize the consequences of a conviction. In short: If you have been arrested or are under criminal investigation, contact a criminal defense lawyer as soon as possible.

How Can a Criminal Defense Lawyer Help Me?

An experienced lawyer can give you the knowledge and backing you need to navigate the legal system and find the best possible results for your case. Each state, including California, has its own criminal code, so having a lawyer with knowledge of those laws is critical. A criminal defense lawyer can help with:

• Speaking to police and prosecutors for you
• Negotiating a plea bargain that protects your freedom
• Arguing for lowering bail to keep you out of jail
• Representing you at trial
• Attacking the credibility of the prosecution’s witnesses
• Conducting an investigation into your case and building a strong defense

What Could Happen if I Don’t Hire a Criminal Defense Lawyer?

If you don’t hire a criminal defense lawyer, you will be at a serious disadvantage. The prosecutor may offer a plea bargain that still means going to jail, and you may feel like you have no choice but to accept it. If you want to fight the charges on your own, you can face serious criminal penalties and consequences, including:

• Jail time
• Fines and fees
• Loss of your driver’s license
• A permanent criminal record
• Immigration consequences

What Makes a Good San Jose Criminal Defense Lawyer?

A good criminal defense attorney knows the law here in San Jose and does not back down when police and prosecutors do not respect your rights or try to pressure you into taking a plea deal that is not in your best interest. You should also look for an attorney who has a long track record of success in cases like yours, including trial victories in the state of California.

What Are the Top Questions When Choosing a Criminal Defense Lawyer in San Jose?

These questions can help you decide if you feel comfortable and confident that a lawyer has the qualifications, experience, and ability to manage your case. Many criminal defense lawyers offer free consultations that allow you to understand your options and get specific legal advice before hiring them. The top questions to ask include:

• What is your experience in handling criminal defense cases in California?
• Have you managed cases like mine?
• What is your approach to defending criminal defense cases?
• What is your record in negotiating favorable plea agreements?
• How do you communicate with clients about the progress of their cases?
• What are your fees and billing structure?

Tips for Hiring a Criminal Defense Lawyer

Taking the time to find a criminal defense lawyer who is right for you and will represent your best interests is an important first step in protecting your rights. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about billing and fees
• Trust your instincts