The RegistryBay Area · California
Criminal Defense Attorneys in San Jose, California
San Jose keeps its criminal defense matters close to home, and so does this registry. What follows is the Santa Clara County record for anyone weighing a criminal defense lawyer — indexed from official State Bar of California records and scored in the open.
Venue matters. Criminal defense cases from San Jose are ordinarily heard at the Santa Clara County Superior Court — Downtown Superior Courthouse, serving a city of roughly 971,000. Santa Clara County Superior Court runs a complex civil litigation division that hears many of the technology sector's trade secret, employment, and shareholder disputes; the federal Northern District's San Jose division sits a few blocks away.
Deadlines shape these cases before merits do — most misdemeanors: one year to charge; most felonies: three years (Cal. Penal Code §§ 799–802). Charging deadlines scale with the offense — crimes punishable by death or life imprisonment, and embezzlement of public money, may be prosecuted at any time (Cal. Penal Code § 799). After arrest, arraignment must generally occur within 48 hours (Cal. Penal Code § 825).
The clock & the craft
Most misdemeanors: one year to charge; most felonies: three years.
Cal. Penal Code §§ 799–802
Charging deadlines scale with the offense — crimes punishable by death or life imprisonment, and embezzlement of public money, may be prosecuted at any time (Cal. Penal Code § 799). After arrest, arraignment must generally occur within 48 hours (Cal. Penal Code § 825).
Reading the roster in San Jose
For criminal charges, the useful questions are concrete: how often the attorney appears in the specific courthouse where your case is set, their experience with the charged offense, who will actually stand up in court with you, and how fees are structured (criminal defense is typically flat-fee by stage of case). Move fast — early representation matters at arraignment and bail, and pre-filing intervention can sometimes shape charging decisions.
Criminal Defense · Santa Clara County roster
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195,000+ California attorneys are being verified against official State Bar of California records. Verified listings for Criminal Defense · Santa Clara County will appear here as indexing completes.
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Criminal Defense questions, cited
How long can California wait to file criminal charges?
It depends on the offense. Most misdemeanors must be charged within one year (Cal. Penal Code § 802) and most felonies within three years (Cal. Penal Code § 801). Offenses punishable by eight or more years run six years (§ 800), and crimes punishable by death or life imprisonment have no limitations period (§ 799). Certain sex offenses and fraud offenses follow special discovery-based rules.
What happens at an arraignment in California?
The court formally states the charges, advises you of your rights, takes your plea, and addresses release — bail, own-recognizance release, or conditions. Cal. Penal Code § 825 requires that a person in custody be arraigned within 48 hours of arrest, excluding Sundays and holidays. It is also where counsel is appointed for defendants who cannot afford an attorney.
Can I get a conviction expunged in California?
Many convictions can be dismissed under Cal. Penal Code § 1203.4 after probation ends — the plea is withdrawn and the case dismissed, though the conviction still counts for some purposes (licensing disclosures, priors). Since 2023, Cal. Penal Code § 1203.425 also provides automatic record relief for many older non-serious convictions, and arrest records that ended without conviction can be sealed under § 851.91.
Do I have to talk to police if I am being investigated?
No. The Fifth Amendment and California law let you decline to answer questions, and anything volunteered can be used against you. You may state that you are exercising your right to remain silent and want an attorney; questioning of a person in custody must then stop under Miranda v. Arizona (1966) 384 U.S. 436. Providing identification during a lawful stop is a separate, narrower obligation.
What is the difference between a misdemeanor and a felony in California?
Chiefly the maximum punishment: misdemeanors carry up to a year in county jail (Cal. Penal Code § 19), while felonies are punishable by imprisonment (Cal. Penal Code § 17). Many offenses are "wobblers" that can be charged or later reduced either way under Penal Code § 17(b) — a frequent target of defense motions, since reduction restores rights and narrows collateral consequences.
Legal information, not legal advice.
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