1. Knight Law
Practice Focus: Criminal defense with emphasis on domestic violence, military law (JAG defense), sex crimes, assault, DUI, drug offenses
Case Types Handled: Felonies, misdemeanors, domestic violence, sex crimes, assault and battery, DUI/DWI, drug offenses, theft crimes, fraud, military court-martial defense, violent crimes
Legal Services: Trial defense, jury trials, motion practice, suppression hearings, preliminary hearings, plea negotiations, military law consultation, case strategy consultation for other attorneys
Background: Nana Knight is a Certified Criminal Law Specialist by the State Bar of California Board of Legal Specialization, one of fewer than 350 attorneys in California to earn this distinction. The certification required passing an intensive written examination, demonstrating a high level of experience, and obtaining favorable evaluations from defense attorneys, prosecutors, and judges. Former prosecutor with expertise in domestic violence prosecutions. Has trained hundreds of attorneys on domestic violence prosecution techniques, both in California and nationally, as well as military lawyers (JAG officers). Published author in the Prosecutor’s Brief by the California District Attorneys Association. Provides consultation services to other attorneys on case strategy.
Location: San Jose, CA (Santa Clara County)
Contact: (408) 877-6177 | https://knightjustice.com
Consultation: Available
2. Ahmed & Sukaram, Criminal Defense Attorneys
Practice Focus: Criminal defense throughout the San Francisco Bay Area with emphasis on felonies, drug crimes, DUI, domestic violence, sex crimes, theft
Case Types Handled: Felonies, misdemeanors, drug offenses, DUI/DWI, domestic violence, sex crimes, assault, theft crimes, weapons charges, fraud, white collar crimes
Legal Services: Trial defense, jury trials, motion practice, suppression hearings, preliminary hearings, plea negotiations, record expungement, bail hearings
Background: The firm has over three decades of combined experience in criminal law. One of the founding attorneys is a California State Bar Certified Specialist in Criminal Law by the Board of Legal Specialization. SuperLawyers’ Rising Stars recognition, Top 100 Trial Lawyers, and Top 40 Under 40 Trial Lawyers designations. Nafiz M. Ahmed has experience handling serious felony cases throughout Santa Clara County and the Bay Area.
Location: 355 Santana Row, Suite 1070, San Jose, CA 95128 (also offices in Redwood City)
Contact: (408) 217-8818 | https://ahmedandsukaram.com
Consultation: Consultation available to determine if the firm is the right fit
3. Jeffrey B. Hayden, Attorney at Law
Practice Focus: Criminal defense throughout the San Francisco Bay Area including San Jose, Palo Alto, and surrounding communities
Case Types Handled: Felonies, misdemeanors, drug offenses, DUI/DWI, sex crimes, violent crimes, theft, fraud, domestic violence
Legal Services: Trial defense, jury trials, motion practice, suppression hearings, preliminary hearings, plea negotiations, record expungement
Background: Jeffrey B. Hayden is a Certified Criminal Law Specialist by the State Bar of California Board of Legal Specialization. Provides criminal defense services to the City and County of San Francisco, East Bay, Palo Alto, San Jose, and surrounding communities in Northern California.
Location: 303 Twin Dolphin Drive, Suite 600, Redwood City, CA 94065 (serving San Jose and South Bay)
Contact: (650) 568-0522 | https://yourcriminaldefender.net
Consultation: Consultation available
4. California Criminal Lawyer Group (San Jose Office)
Practice Focus: Criminal defense throughout San Jose and Santa Clara County
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, domestic violence, sex crimes, assault, theft crimes, fraud, weapons charges, juvenile offenses
Legal Services: Trial defense, jury trials, motion practice, suppression hearings, preliminary hearings, plea negotiations, DMV hearings for DUI cases
Background: The firm focuses on criminal defense with attorneys experienced in San Jose courtrooms. Team approach with familiarity with local judges, prosecutors, and court procedures in Santa Clara County. Emphasis on San Jose-specific court practices and procedures.
Location: San Jose, CA (Santa Clara County)
Contact: (408) 622-0204 | https://www.thesanjosecriminalattorney.com
Consultation: Free primary consultation available
5. Law Offices of Nick Cvietkovich
Practice Focus: Criminal defense throughout the San Francisco Bay Area with emphasis on assault, domestic violence, DUI, drug crimes, white collar crimes, sex offenses
Case Types Handled: Felonies, misdemeanors, assault and battery, domestic violence, DUI/DWI, drug offenses, sex crimes, theft crimes, white collar crimes, fraud, weapons charges
Legal Services: Trial defense, jury trials, motion practice, suppression hearings, preliminary hearings, plea negotiations, bail hearings, record expungement
Background: Nick Cvietkovich practices criminal defense throughout Santa Clara County and the greater Bay Area. Experience handling cases in San Jose Superior Court and surrounding jurisdictions.
Location: San Jose, CA (Santa Clara County)
Contact: (408) 898-9653 | https://www.bayareadefenseattorney.com
Consultation: Free consultation available
Criminal Defense Regulations in California
California criminal defense practice is governed by the California Supreme Court, the State Bar of California, and various rules of court.
Bar Admission Requirements: Attorneys must pass the California Bar Examination, which is administered over two days and includes the Multistate Bar Examination (MBE), California essay questions, and the Performance Test. Applicants must complete legal education at an ABA-approved or California-accredited law school (or through the Law Office Study Program), pass the Multistate Professional Responsibility Examination (MPRE) with a scaled score of 86 or higher, and satisfy character and fitness requirements. The State Bar conducts background investigations including criminal history review. California also offers admission by attorney examination for lawyers licensed in other jurisdictions.
Public Defender System: Santa Clara County operates a Public Defender’s Office providing representation to indigent defendants. The office represents qualifying individuals charged with felonies, misdemeanors, and juvenile offenses who cannot afford private counsel. Eligibility is determined based on income and financial circumstances relative to federal poverty guidelines. The Alternate Defender and Conflict Panel provide representation when the Public Defender has a conflict.
Specialty Certifications: The State Bar of California Board of Legal Specialization offers certification as a Criminal Law Specialist. Requirements include passing a written examination, demonstrating substantial experience in criminal law (including jury trials to verdict), completing continuing education requirements, and obtaining favorable evaluations from attorneys and judges. Fewer than 350 attorneys statewide hold this certification.
Attorney Advertising Rules: California Rules of Professional Conduct govern attorney advertising. Attorneys may advertise services but cannot make false, misleading, or deceptive statements. Communications concerning services must include the name and contact information of at least one lawyer or law firm responsible for content.
Attorney-Client Privilege: California Evidence Code Sections 950-962 establish comprehensive attorney-client privilege protections. Confidential communications between attorney and client made in the course of the professional relationship are protected from disclosure. The privilege is held by the client and survives the attorney-client relationship and the client’s death.
Continuing Legal Education: California requires attorneys to complete 25 hours of Minimum Continuing Legal Education (MCLE) credits every three-year compliance period. Requirements include 4 hours of legal ethics, 1 hour of competence issues (substance use, mental health, or technology), and beginning in 2023, 1 hour of training on bias in the legal profession.
Arraignment and Speedy Trial: In California, felony defendants must be brought before a magistrate within 48 hours of arrest (excluding weekends and holidays). California Penal Code Section 1382 establishes speedy trial requirements: 60 days from arraignment for felonies and 30 days for misdemeanors if the defendant is in custody, 45 days if released on bail. These periods may be waived by the defendant.
Bail and Pretrial Release: California Penal Code Sections 1268-1320 govern bail. Santa Clara County has a bail schedule setting amounts by offense. Judges may deviate based on public safety, flight risk, and other factors. Own recognizance release is available for qualifying defendants. The Pretrial Services Division assesses defendants for release recommendations. Capital offenses may result in denial of bail.
Felony Classification System: California does not use a numbered class system for felonies. Felonies are designated as either “straight” felonies (always charged as felonies) or “wobblers” (may be charged as felony or misdemeanor at prosecutor’s discretion). Penalties are specified in individual Penal Code sections. Under realignment (AB 109), non-violent, non-serious, non-sex offenses are served in county jail rather than state prison.
Death Penalty: California is technically a death penalty state, though Governor Gavin Newsom issued an executive moratorium on executions in 2019. No executions have occurred since 2006. Capital punishment remains authorized by law for first-degree murder with special circumstances.
Expungement and Record Sealing: California Penal Code Section 1203.4 allows eligible individuals to petition for dismissal of conviction after completing probation (commonly called “expungement”). The guilty plea is withdrawn, a not guilty plea is entered, and the case is dismissed. Records remain but show the dismissal. Record sealing (Penal Code 851.91-851.92) is available for arrests not resulting in conviction. Proposition 47 (2014) allows reclassification of certain felonies to misdemeanors. Proposition 64 (2016) provides for marijuana conviction relief.
Mandatory Minimum Sentencing: California imposes mandatory minimums for certain offenses, including use of a firearm during commission of a felony (10-20-life law) and certain sex offenses.
Three Strikes Law: California’s Three Strikes law (Penal Code 667 and 1170.12) enhances sentences for repeat serious or violent felony offenders. Second strike doubles the sentence. Third strike carries 25 years to life. Proposition 36 (2012) requires the third strike to be a serious or violent felony in most cases.
Frequently Asked Questions
What happens at an arraignment in Santa Clara County Superior Court?
At arraignment in Santa Clara County Superior Court, the defendant is formally advised of the charges, informed of constitutional rights including the right to counsel, and asked to enter a plea. Not guilty pleas are standard at this stage. The court addresses bail or release conditions. For felonies, a preliminary hearing date is set (within 10 court days if in custody, 60 days if released). For misdemeanors, pretrial conference and trial dates are established. Defendants who cannot afford counsel are referred to the Public Defender’s Office. Santa Clara County felony arraignments typically occur at the Hall of Justice at 200 West Hedding Street in San Jose. The Downtown Superior Court at 191 North First Street handles both felony and misdemeanor cases depending on assignment.
How does bail work in Santa Clara County, and what are typical bond amounts?
Santa Clara County uses a bail schedule established by the Superior Court with amounts by offense type. Defendants may post bail through cash bond (full amount), surety bond through a licensed bail bondsman (typically 10% non-refundable fee), or property bond. Judges may deviate from the schedule based on criminal history, ties to the community, flight risk, and public safety. Typical bail amounts include: misdemeanor DUI approximately $5,000, domestic violence misdemeanor approximately $10,000 to $25,000, felony drug possession approximately $10,000 to $30,000, burglary approximately $50,000 to $100,000. Violent felonies may range from $100,000 to over $1,000,000. Own recognizance (OR) release is available through Pretrial Services for qualifying defendants. The Santa Clara County Department of Correction operates the county jail and provides inmate information.
What are the penalties for a first-time DUI in San Jose?
A first-time DUI in California (BAC of 0.08% or higher) is a misdemeanor under Vehicle Code Section 23152. Penalties typically include 3 to 5 years of informal (summary) probation, up to 6 months in county jail (rarely imposed for first offenses without aggravating factors), fines and assessments totaling approximately $1,500 to $2,600, DMV license suspension of 6 months (restricted license available after 30 days for work and alcohol program), completion of a 3-month (AB541) or 9-month (AB1353) First-Offender Alcohol Program depending on BAC level, and possible ignition interlock device installation. Santa Clara County may offer alternative sentencing options including weekend jail, electronic monitoring, or community service. Enhanced penalties apply for BAC of 0.15% or higher, refusal to submit to testing, having a minor in the vehicle, or causing injury.
Does Santa Clara County offer diversion or alternative sentencing programs?
Yes, Santa Clara County offers several diversion and alternative programs. Deferred Entry of Judgment (DEJ) under Penal Code 1000 is available for first-time drug possession offenders; successful completion results in case dismissal. Proposition 36 provides treatment instead of incarceration for non-violent drug possession offenses. Mental Health Diversion under Penal Code 1001.36 allows treatment in lieu of prosecution for defendants with qualifying mental health conditions. Veteran’s Treatment Court addresses cases involving military veterans. Drug Treatment Court provides intensive supervision and treatment. Neighborhood Courts handle qualifying low-level misdemeanors through community-based resolution. AB 2124 Diversion is available for honorably discharged military veterans. Eligibility varies by program; violent offenses and serious felonies typically disqualify participation.
How can I get my criminal record expunged in California?
To petition for dismissal (expungement) under Penal Code Section 1203.4, you must have completed probation (including all terms, conditions, fines, and restitution), not currently be serving a sentence or charged with another offense, and not be on probation for another matter. File a petition with the Santa Clara County Superior Court where you were convicted. The court has discretion to grant or deny based on your criminal history and conduct. If granted, your plea is withdrawn, a not guilty plea is entered, and the case is dismissed. You may then answer on most employment applications that you have not been convicted (exceptions apply for public office, state licensing, and law enforcement applications). For arrests not resulting in conviction, you may petition for sealing under Penal Code 851.91-851.92. The Santa Clara County Superior Court Self-Help Center provides forms and resources for expungement petitions. For successful Prop 36 or DEJ completion, the court automatically dismisses charges.