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Our San Jose criminal defense attorneys fight to get felony, misdemeanor, and infraction charges lessened or dismissed in the Bay Area and throughout Santa Clara County. Our local law office is located at:
675 N. First St. Ste. 250
San Jose, CA 95112
(408) 347-1200
Surrounding areas we serve include Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Stanford, Menlo Park, Burbank, Sunnyvale, and more.
Top San Jose DUI and criminal defense
The San Jose criminal defense office of Shouse Law Group includes former prosecutors and police officers. We know from years of experience how law enforcement presses criminal charges. And now we use their tactics to stay one step ahead of the District Attorney to pursue the best outcome possible for our clients.
Some common cases our criminal defense firm works on include:
- Bail hearings
- Criminal record expungements
- Domestic violence
- Drug crimes, including drug possession (HS 11350)
- Embezzlement (PC 503)
- Hit and run (VC 20002)
- Lewd conduct criminal offenses
- Parole violation hearings
- Probation violation hearings
- Sex crimes
- Shoplifting
- Traffic tickets
- Violent crimes
- White collar crimes
Our San Jose DUI attorneys handle both the criminal DUI case as well as the DMV license suspension hearing.
The police and courts in Santa Clara County
The San Jose Police Department is responsible for law enforcement in the city of San Jose. The Santa Clara Sheriff’s Department polices crime in the unincorporated areas of Santa Clara County as well as the communities of Cupertino, Los Altos Hills, and Saratoga.
People arrested in San Jose will usually be booked at the Santa Clara County Main Jail, located at:
150 W. Hedding St.
San Jose, CA 95110
(408) 808-2804
Search for inmate information here.
Criminal cases in Santa Clara County are heard at the Hall of Justice Superior Court, located at:
190-200 West Hedding Street
San Jose, CA 95110
(408) 808-6600
Search for inmate information here.
Criminal court process
Once people are arrested and booked, they can usually get released on bail or their own recognizance. A condition of release is appearing at all future court appearances in their cases. Though if defendants hire a private attorney, they may be able to skip some or all of these court appearances.
The punishment for skipping a court appearance is having a bench warrant issued. While a bench warrant is active, the defendant can be arrested at any time and brought into court. Bench warrants do not expire. But judges may recall them if the defendant (or defense attorney) files a motion to quash the warrant and appears at a hearing.
After the arraignment, the defense attorney and prosecutors communicate back and forth in the hopes of reaching a resolution without a trial. Depending on the strength of the District Attorney’s case, the prosecutors could agree to dismiss or reduce the charges through a plea bargain.
Defendants unable to pay for legal representation will be appointed a public defender.
People charged with felonies are entitled to have a preliminary hearing. (The only exception is if a grand jury indicted the defendant.) The purpose of prelims is for prosecutors to demonstrate to the court that they have enough evidence to keep pressing charges.
Prosecutors typically win prelims because the burden of proof is low: They do not have to prove guilt beyond a reasonable doubt, they just have to show there is probable cause the defendant committed the crime. But if the defense attorney wins the prelim, then the charge(s) will be dismissed.
If the defendant gets convicted of a crime, the judge will then impose a sentence. Depending on the case, the judge may grant probation carrying no jail as long as the defendant abides by all the probationary terms.
Call our criminal defense law firm for legal advice. Our team of attorneys offers free consultations on your legal issues.
Have you or a loved one been accused of a crime? Our San Jose criminal defense lawyers and trial attorneys may be able to get your charges reduced or dropped altogether.
Our experienced attorneys fight the criminal justice system throughout southern, central, and northern California, including San Francisco, Redwood City, Alameda, Fremont, Oakland, and all of Silicon Valley. Our practice areas include personal injury, family law and estate planning in addition to criminal law and DUI/DWI. Each attorney at law at Shouse Law Group appears in both state and federal courts.