At The Nieves Law Firm, APC, we defend people facing criminal charges across San Jose and Santa Clara County, and we have done this work since 2012. A criminal charge can put your freedom, your job, and your family all at risk at the same time. Se habla español, so you can speak with us in Spanish about every detail of your case.

Criminal defense means having an attorney on your side from arrest through arraignment, negotiation, and trial if it comes to that. Even a first offense or a misdemeanor can have lasting impact. We review the consequences of every case, no matter the charge, so nothing catches you by surprise.

Santa Clara County Superior Court and its diversion programs move fast, and knowing how they work makes a real difference. We offer payment options and are available evenings and weekends so your work schedule is never the reason you go without help.

What San Jose Clients Say About The Nieves Law Firm, APC

“They took the time to clearly explain every step of the legal process.” Conan L.

Knowing exactly what happens next brings real relief when the stakes are high.

“Grace was the victorious attorney who appeared in court for me… fully prepared and completely in control of the narrative.” Ms. Espinoza

Being ready to fight in court is what changes how a case turns out.

“He truly cares about people, not just cases.” Channing W.

“They set realistic expectations and followed through on everything they said.” Conan L.

Straight answers and kept promises build trust when your future is on the line.

“Peace of mind is priceless, and they restored mine.” Ms. Espinoza

Criminal Defense Cases We Handle in San Jose

Areas We Serve in San Jose & Santa Clara County

  • Downtown San Jose
  • Willow Glen
  • Almaden Valley
  • Berryessa
  • Evergreen
  • Alum Rock
  • Rose Garden
  • Cambrian Park
  • Silver Creek
  • Blossom Valley
  • Santa Clara
  • Milpitas
  • Campbell
  • Los Gatos
  • Sunnyvale

How Criminal Cases Move Through Santa Clara County Superior Court

It starts with arrest and booking, often at the Santa Clara County Main Jail. Next comes arraignment, where the judge reads the charges and sets bail or considers release on your own recognizance. For felonies, there is a preliminary hearing where a judge decides if there is enough evidence to move forward.

Your attorney can file motions to suppress evidence or dismiss charges, and negotiate with the Santa Clara County District Attorney’s Office. Prosecutors respond differently when they know an attorney is ready to take a case to trial, and that readiness can change the offer on the table.

According to the California Judicial Council’s 2022 Court Statistics Report, Santa Clara County Superior Court handled roughly 44,000 criminal dispositions in FY 2021 to 2022. That is a busy court, and cases move fast.

Acting early matters most. Stepping in quickly can open the door to “drug diversion under Penal Code §1000, treatment options under the Substance Abuse and Crime Prevention Act (the 2000 Proposition 36), mental-health diversion under Penal Code §1001.36, misdemeanor divserion, and, the treatment-mandated felony process created by the 2024 Proposition 36.”

Can I Qualify for Mental Health Diversion in Santa Clara County?

You may qualify for mental health diversion under California Penal Code §1001.36 if you are facing criminal charges and have a qualifying mental health disorder. Mental health diversion allows eligible defendants to receive treatment while the criminal case is paused, with the possibility of having the diverted charges dismissed after successful completion of the program.

Eligibility is not automatic. The court must determine that the statutory requirements for diversion are met, including requirements concerning the defendant’s mental health condition and suitability for treatment. Certain serious offenses are excluded from mental health diversion altogether. The judge also considers whether the proposed treatment will meet the defendant’s needs and whether the defendant would pose an unreasonable risk of danger to public safety as defined by California law. 

Under Penal Code § 1001.36, diversion generally may last up to two years for felony cases and up to one year for misdemeanor cases. If diversion is successfully completed, the court can dismiss the criminal charges that were the subject of diversion. Because eligibility depends heavily on the charges, diagnosis, treatment plan, and individual circumstances, a criminal defense attorney can evaluate whether mental health diversion should be pursued in a Santa Clara County case.

How Do I Qualify for Misdemeanor Diversion in Santa Clara County?

If you are charged with a misdemeanor in Santa Clara County, you may be eligible for misdemeanor diversion, which can provide a way to resolve the case without a criminal conviction. Eligibility depends on the offense, your criminal history, the circumstances of the case, and the particular type of diversion being considered.

Santa Clara County offers different forms of misdemeanor diversion. In court diversion, a judge may allow an eligible defendant to complete certain conditions while the criminal case is diverted. Depending on the case, those conditions may include remaining law-abiding for a specified period and completing programs such as anger management, theft awareness, gun safety, driver safety, counseling, or other requirements related to the alleged offense.

Santa Clara County also has pre-filing diversion for certain misdemeanor cases. This occurs before criminal charges are filed and requires approval and referral by the District Attorney’s Office. Qualifying cases may include offenses such as petty theft, vandalism, trespassing, receiving stolen property, littering, and shoplifting. Participants may be required to complete community service, pay restitution when appropriate, and remain crime-free for a specified period. If the program is successfully completed, criminal charges are not filed.

Not every misdemeanor or defendant qualifies for diversion. Some offenses may be excluded from particular forms of diversion. Because diversion can potentially allow a misdemeanor case to be resolved without a conviction or without charges ever being filed, it is important to determine whether diversion is available as early as possible. A San Jose criminal defense attorney can review the charges, criminal history, and circumstances of the case and determine which Santa Clara County diversion options may be available.

Why San Jose Residents Choose The Nieves Law Firm

Criminal defense is all we do

This is not a general practice that handles a little of everything. Criminal defense has been the firm’s single focus since 2012, from DUI and domestic violence to drug and theft charges.

We speak your language

Se Habla Español. You get real bilingual help so you understand every step and never sign something you did not fully grasp.

We know how a charge affects your status

Every case is reviewed for immigration consequences, no matter the charge. Even a misdemeanor can threaten a green card, a visa, or a DACA renewal, and we treat that risk seriously.

We prepare to win, which gives you leverage

Prosecutors negotiate differently when they know an attorney is ready to take a case to trial. That readiness often changes what they put on the table.

Trusted where it counts

Attorney Jo-Anna Nieves has been called on for legal insight by ABC News, Court TV, Forbes, and Nancy Grace Crime Stories. When you need focused criminal defense experience in Santa Clara County courts, that track record matters.

You stay informed

You are treated like a person, not a case number. We explain everything so you always know where your case stands.

What Is the Difference Between a Felony and a Misdemeanor in California?

A misdemeanor is generally the less serious category. Depending on the offense, a conviction may result in fines, probation, community service, required classes or treatment, and time in county jail. When California law provides for a misdemeanor sentence of up to one year in county jail, the maximum term is generally 364 days per Penal Code §18.5.

A felony is an offense that can be punished by imprisonment in state prison or, for certain offenses, imprisonment in county jail under the state’s felony sentencing laws. Felony convictions can also create more significant long-term consequences involving employment, professional licensing, firearm rights, immigration and status. 

Some offenses fall into a category commonly known as “wobblers.” A wobbler can be treated as either a felony or a misdemeanor depending on the particular charge and circumstances. Prosecutors may consider factors such as the seriousness of the alleged conduct, prior criminal history, and injuries when deciding how to file the case.

About The Nieves Law Firm, APC

When you contact The Nieves Law Firm, your conversation is confidential. “Confidential communications made when consulting an attorney for the purpose of seeking legal advice or representation are generally protected, even if you have not yet formally retained the attorney. Simply contacting a private criminal defense attorney does not ordinarily trigger notice to ICE, your employer, or another government agency. Our team also offers Spanish-language assistance, so you and your family can ask questions, and understand what comes next.

The Nieves Law Firm focuses exclusively on criminal defense. Our attorneys represent people facing charges throughout San Jose, regularly appearing in Santa Clara County Superior Court and handling cases involving DUIs, domestic violence, drug offenses, theft, violent crimes, felonies, misdemeanors, and other serious allegations. 

We understand the local court process, how the Santa Clara County District Attorney’s Office approaches criminal cases, and when diversion or other alternatives may be available.

Founding attorney Jo-Anna Nieves has also been called on by national outlets including ABC News, Court TV, Forbes, and Nancy Grace Crime Stories to provide criminal defense insight. But our approach begins much closer to home: treating every client as a person whose career, family, reputation, and future may be affected by what happens next.

With 6 offices across the Bay Area and Sacramento, including Oakland and Fremont, our team is prepared to start building a defense as early as possible and keep you informed throughout the case.

How Do Restraining Orders Work in California?

A restraining order is a court order that limits contact between people and may require someone to stay away from a person, home, workplace, or other location.. California restraining orders and protective orders can arise in several different settings. 

A person may face a civil restraining-order proceeding, such as a domestic violence restraining order, civil harassment restraining order, elder abuse restraining order, workplace violence restraining order, or gun violence restraining order, while law enforcement may issue an emergency protective order and a criminal court may separately issue criminal protective orders in connection with pending charges.

Violating a restraining order can lead to separate criminal charges, even if the underlying allegations are still being disputed. If you have been served with an order, it is important to follow its terms and speak with an attorney about your rights, upcoming hearings, and how the order could affect a related criminal case.

Our Approach to Your San Jose Criminal Defense Case

1. Free, Confidential Consultation

We start by understanding the full picture: the charges, your work, your family, and your immigration status. 

2. Case Investigation

We review police reports, evidence, and witness statements. We look for constitutional problems, such as an unlawful stop or search, that could weaken the case against you.

3. Strategy Development

We identify your best path forward, whether that means suppressing evidence, checking your eligibility for a Santa Clara County diversion program, or building negotiation leverage.

4. Pre-Trial Preparation

We file motions and build the case as if it is going to trial. Prosecutors negotiate differently when they know an attorney is ready to fight.

5. Resolution or Trial

Many cases end in a dismissal, reduction, or diversion. When trial is the right move, we are prepared to defend you fully.

6. Post-Conviction Relief

If you already have a conviction, we may be able to help through expungement or a motion to vacate to protect your future.

Frequently Asked Questions About Criminal Defense in San Jose

Do I have to talk to the police if I’ve been arrested or questioned?

No. You have the right to stay silent and the right to a lawyer, and using those rights is not an admission of guilt. Police are trained to get statements, and what feels like a friendly conversation can be used against you later.

What is the difference between being arrested and being charged with a crime?

An arrest and a criminal charge are not the same thing. Police may arrest someone based on probable cause, but prosecutors generally decide whether criminal charges will actually be filed in court. A prosecutor may file the offenses recommended by law enforcement, file different charges, request additional investigation, or decide not to file charges.

What happens at an arraignment in Santa Clara County?

At an arraignment you learn the charges against you. The court advises you of your rights, asks for a plea, and may address whether you will remain in custody or be released while the case is pending. The judge may also impose release conditions or issue a protective order in certain cases. 

What is a preliminary hearing in a California felony case?

A preliminary hearing is a probable cause hearing. These hearings happen in felony cases only. This is where a judge determines whether there is sufficient evidence for the case to proceed. It is not a trial and the judge is not deciding whether the defendant is guilty. The prosecution presents evidence supporting the charges, and the defense can challenge that evidence and question prosecution witnesses.

Can a criminal charge or conviction affect my immigration status or green card in California?

Yes, and this is one of the most important things to understand. Even a misdemeanor or a plea that seems minor can trigger deportation risk, block a green card, or affect DACA renewal. At The Nieves Law Firm, APC, we review immigration consequences in every case. 

Is contacting a criminal defense attorney safe, or will it notify ICE or my employer?

Reaching out is safe and private. Contacting a defense attorney does not notify ICE, your employer, or any government agency. What you share with your lawyer is confidential and protected.

Will a criminal conviction affect my job in San Jose, including tech industry work?

It can. Many San Jose employers, including tech companies, run background checks, and a conviction can affect hiring, promotions, and professional licenses. Fighting the charge or getting it reduced early may help protect your career, not just your record.

Can my charges be reduced or dismissed, and do diversion programs exist in Santa Clara County?

Yes. Depending on your case, charges may be reduced, dismissed, or resolved through a diversion program that keeps a conviction off your record. Santa Clara County offers diversion options for certain first-time and lower-level charges, and eligibility depends on the facts and the prosecutor.

What is an expungement, and am I eligible for one in California?

California does not offer “expungement” in the sense of completely erasing a conviction. However, many people may qualify to have a conviction dismissed under California Penal Code § 1203.4 or another record-clearing law. Eligibility depends on factors such as the offense, sentence, probation status, and whether you have pending charges. A PC §1203.4 dismissal can provide important benefits, including employment-related benefits, but it does not erase the conviction for every purpose.In California, many misdemeanors and some felonies qualify if you finished probation and met your conditions. Certain serious charges are not eligible.

Does The Nieves Law Firm handle cases in Spanish?

Yes. Se Habla Español. We offer real bilingual communication so you understand every part of your case and never sign anything you do not fully grasp.

Will my case go to trial, and what if I cannot afford a private attorney upfront?

Most cases resolve without a trial, but being ready to try a case can impact how a prosecutor negotiates the case. The Nieves Law Firm, APC prepares thoroughly to strengthen our position during plea negotiations and make sure the case is ready if trial becomes necessary.”

Local Resources in San Jose

  • Santa Clara County Superior Court, Hall of Justice
    The main courthouse where felony arraignments, trials, and hearings are held.
  • Santa Clara County Main Jail
    County detention facility where individuals awaiting trial or serving short sentences are held.
  • Elmwood Correctional Facility
    A medium-security county jail in Milpitas housing both sentenced and unsentenced inmates.
  • Santa Clara County District Attorney’s Office
    The office responsible for prosecuting individuals charged with crimes in the county.
  • San Jose Police Department
    The city’s primary law enforcement agency, responsible for arrests and investigations within city limits.
  • Santa Clara County Clerk of the Court
    Office that maintains official court records, filings, and case documents for all superior court matters.
  • Santa Clara County Behavioral Health Services
    County agency offering mental health and substance use treatment programs, often referenced in diversion cases.

San Jose Criminal Charges Won’t Wait

A criminal charge can put your freedom, your job, and your immigration status at risk all at once. You do not have to face that alone.

Se Habla Español, with real bilingual help. We know the Santa Clara County Superior Court, the local prosecutors, and the diversion programs that could protect your record.

Call us or send a message through our online form to schedule your free consultation.

Legally Reviewed by Jo-Anna Nieves

Jo-Anna Nieves | California Criminal Defense Attorney

This page was legally reviewed by Jo-Anna Nieves, founding attorney of The Nieves Law Firm, APC, for accuracy under California criminal law. Her practice focuses on criminal defense, including misdemeanor and felony charges, DUI, domestic violence, drug offenses, theft, sex crimes and other serious violent felonies.

Nieves regularly provides legal analysis on criminal cases and has been featured by national media outlets including ABC News, Court TV, Forbes, and Nancy Grace Crime Stories.

Last legal review: August 2026

This page provides general legal information and does not create an attorney-client relationship or constitute legal advice.