San Jose Criminal Defense Lawyers

If you or a loved one was just arrested in San Jose, the reality of the situation is this: the Santa Clara County District Attorney’s office is already reviewing your case, and they are known for filing charges that other Bay Area prosecutors might decline. Whether it happened on the 101 after leaving downtown, during an argument at home in Willow Glen, or following an incident near San Pedro Square, the prosecution’s clock started the moment law enforcement got involved.

But the outcome is not predetermined. What happens next depends in large part on who is standing beside you and how quickly they get to work.

The Nieves Law Firm Criminal Defense Attorneys is one of the largest criminal defense teams in the Bay Area, with a San Jose office and attorneys who appear regularly in Santa Clara County Superior Court. Criminal defense is all we do. It’s all we know. It’s all we focus on. Our team of attorneys, paralegals, and investigators works together on every case because we understand that your career, your family, and your reputation are all on the line.

Talk to a defense attorney now. We’re available 24/7.

Proven Results in Serious Cases

What does experienced defense actually look like? It looks like results. Our team has secured not guilty verdicts, dismissals, and reduced charges across every category of criminal offense in courts throughout the Bay Area and Santa Clara County.

Past results do not guarantee future outcomes.

Get a confidential case evaluation. Call us anytime.

Criminal Defense Lawyers in San Jose, CA

DUI Defense — Most people arrested for DUI in San Jose don’t realize they have only ten days to request a DMV hearing before their license is automatically suspended. That administrative deadline runs independently of your criminal case, and missing it means losing your ability to drive regardless of what happens in court. Between the CHP patrols along I-280, US-101, and I-680 and the growing downtown nightlife scene, San Jose generates one of the highest DUI arrest volumes in the Bay Area. Our team handles both the DMV process and the criminal defense simultaneously so nothing falls through the cracks.

Domestic Violence Defense — A domestic violence arrest in San Jose moves fast. Within hours, you can be removed from your own home, served with an emergency protective restraining order, and separated from your children. The Santa Clara County DA’s office operates a dedicated domestic violence unit with a strong no-drop policy, meaning they will pursue charges even when the alleged victim recants or asks for the case to be dismissed. Many of these cases involve mutual arguments where both parties share responsibility, but only one person ends up in handcuffs. If that person is you, our team knows how to challenge the prosecution’s narrative using body camera footage, 911 call recordings, and witness testimony.

Drug Crimes Defense — There is a significant difference between how Santa Clara County handles simple possession and how it handles allegations of sales or distribution. While Prop 47 reduced many possession charges to misdemeanors eligible for diversion, the DA’s office prosecutes possession for sale and transportation cases aggressively. The fentanyl crisis has made this even more acute: prosecutors have pursued murder charges in overdose death cases. If you are facing drug charges in San Jose, understanding exactly how the prosecution is classifying your case is the first step toward building a defense.

Violent Crimes Defense — What does a violent crime charge actually mean for your future? Under California’s Three Strikes law, a single strike-eligible conviction can follow you for the rest of your life, presumptively doubling the sentence on any future felony. San Jose prosecutors add gang enhancements under PC 186.22 in cases originating from East San Jose neighborhoods, which can add years to a sentence. Whether you are facing assault, battery, criminal threats, or something more serious, our attorneys analyze every element the prosecution must prove and build the defense around where their case is weakest.

Sex Crimes Defense — The stakes in a sex crimes case are as high as they get, and the margin for error is zero. A conviction can mean prison time, lifetime sex offender registration, and the permanent destruction of your career and personal relationships. False accusations are more common than most people realize, and the pressure to accept a plea deal can be overwhelming. Our team approaches these cases with the level of investigation and preparation they demand, because the consequences of anything less are unacceptable.

Theft and Fraud Defense — In Silicon Valley, theft and fraud charges carry consequences that extend well beyond the courtroom. A shoplifting arrest at Valley Fair or Santana Row can cost a tech professional their job. An embezzlement allegation can end a career in finance. The Santa Clara County DA’s office has developed particular expertise in prosecuting trade secret theft and white-collar crime given the local economy. Even a misdemeanor theft conviction creates a permanent record of dishonesty that employers, licensing boards, and background check companies will find. Our defense team understands what is at stake professionally and builds strategy accordingly.

Felony Defense — A felony charge is not just a legal problem. It is a life problem. The potential consequences include state prison, loss of voting rights, loss of firearm rights, and a record that affects employment, housing, and immigration status for years or decades. Our approach to felony defense starts with thorough preparation: reviewing every piece of evidence, interviewing every witness, and identifying every legal issue before we ever set foot in a courtroom. That level of preparation is not optional when your freedom is on the line.

Misdemeanor Defense — Do not make the mistake of treating a misdemeanor charge as minor. In Santa Clara County, even a misdemeanor conviction creates a criminal record that shows up on background checks and can trigger professional licensing consequences, immigration issues, and custody complications. Our team gives misdemeanor cases the same strategic attention we bring to felonies because we know what a conviction can cost you.

Weapons Charges Defense — California has some of the strictest firearms laws in the country, and Santa Clara County enforces them. Charges ranging from carrying a concealed weapon to felon in possession of a firearm carry serious penalties, and prosecutors frequently stack weapons charges alongside other offenses to increase pressure during plea negotiations. Our attorneys examine the circumstances of the search, the stop, and the seizure to determine whether your rights were violated before the charges were ever filed.

Juvenile Crimes Defense — When a minor faces criminal charges in San Jose, the priority is protecting their future. The juvenile justice system operates differently from adult court, with an emphasis on rehabilitation over punishment, but the consequences of a sustained petition can still follow a young person into adulthood. Our team works to keep juvenile matters in juvenile court, pursue diversion where available, and shield your child’s record from long-term damage.

Restraining Order Defense — A restraining order can upend your life overnight, restricting where you can go, who you can contact, and whether you can remain in your own home. In San Jose, restraining orders frequently accompany domestic violence arrests, but they also arise in workplace disputes, neighbor conflicts, and contentious custody battles. Whether you need to defend against a restraining order or seek one for your own protection, our attorneys handle both sides of these matters.

Expungement — If a past conviction is holding you back from employment, housing, or professional licensing, California law may allow you to clear your record. Our post-conviction team handles expungements, felony reductions, and motions to vacate for clients throughout Santa Clara County who are ready to move forward.

Not All Criminal Defense Is the Same

There is a real difference between an attorney who handles criminal cases among other things and a team that does nothing but criminal defense. That difference shows up in how your case is prepared, how it is negotiated, and how it is tried if it goes to trial.

When you hire The Nieves Law Firm Criminal Defense Attorneys, you are not getting a single attorney working alone. You are getting a team: multiple attorneys collaborating on strategy, paralegals managing evidence and deadlines, and investigators verifying the facts independently. That structure matters because criminal cases in Santa Clara County require it. The DA’s office here is well-resourced, and they staff their cases accordingly. Your defense should be equally prepared.

Our attorneys appear in Santa Clara County Superior Court regularly. We know the prosecutors assigned to specific case types, we understand how different judges manage their courtrooms, and we know what it takes to move the needle on a case in this county. That familiarity is not something you can replicate by reading the local rules the night before a hearing.

We also don’t quote you a price thirty seconds after you describe your situation. We listen. We review the facts. We explain what you are actually facing and what a realistic defense looks like. That is the standard of preparation you should expect from any firm you are considering.

Our San Jose Office

The Nieves Law Firm Criminal Defense Attorneys maintains a physical office in San Jose, giving our team direct access to Santa Clara County Superior Court and the ability to respond quickly when clients need us. Our San Jose location serves the entire South Bay, including Santa Clara, Sunnyvale, Campbell, Milpitas, and surrounding communities. We are available around the clock, and our bilingual staff can assist Spanish-speaking clients and families.

Santa Clara County Hall of Justice

Most criminal cases originating in San Jose are heard at the Santa Clara County Hall of Justice, located at 190 West Hedding Street, San Jose, CA 95110. This is one of the busiest courthouses in Northern California, handling felony matters, preliminary hearings, and serious misdemeanors. Expect security screening at the entrance and plan to arrive early, as the volume of cases can mean significant wait times before your matter is called. Department assignments vary by case type, and your attorney should know which department your case is assigned to before you arrive.

Our attorneys appear at the Hall of Justice regularly and can walk you through exactly what to expect on your court date.

Serving San Jose and the South Bay

Our team defends clients throughout Santa Clara County and the greater Bay Area. If you or a loved one is facing charges in a nearby community, we can help.

• Fremont Criminal Defense Lawyers
• Oakland Criminal Defense Lawyers
• San Mateo County Criminal Defense Lawyers
• San Francisco Criminal Defense Lawyers
• Alameda County Criminal Defense Lawyers

View all locations we serve →

Frequently Asked Questions About Criminal Charges in San Jose

Where is criminal court in San Jose?

Most criminal cases in San Jose are heard at the Santa Clara County Hall of Justice at 190 West Hedding Street. Some misdemeanor matters may be assigned to the downtown courthouse at 191 North First Street. Your arraignment notice or attorney will confirm which location applies to your case.

Where do people arrested in San Jose get booked?

Individuals arrested by SJPD or other local agencies in San Jose are typically booked at the Santa Clara County Main Jail, located at 150 West Hedding Street, directly adjacent to the Hall of Justice. Depending on capacity, some individuals may be transferred to the Elmwood Correctional Facility in Milpitas.

How does bail work after an arrest in San Jose?

Bail amounts in Santa Clara County are set according to the county’s bail schedule, which assigns a dollar amount based on the charge. For many misdemeanors, you may be released on your own recognizance. For felonies, a bail bondsman can post bail for a percentage of the total amount, or your attorney can request a bail reduction hearing. The sooner you have legal representation, the sooner we can work to get you or your loved one released.

What should I do if I have a warrant in San Jose?

Ignoring a warrant never makes the situation better. If you know or suspect there is an active warrant for your arrest in Santa Clara County, the smart move is to contact a defense attorney before turning yourself in. Our team can often arrange a voluntary surrender, which demonstrates good faith to the court and may help with bail and release conditions.

How quickly do I need a lawyer after an arrest in San Jose?

As soon as possible. The Santa Clara County DA’s office is known for filing charges promptly, and early intervention by a defense attorney can sometimes influence whether charges are filed at all, what level they are filed at, and what conditions are attached to your release. Waiting to “see what happens” gives the prosecution time to build their case while your defense sits idle.

Can I get diversion for my charges in San Jose?

Santa Clara County does offer diversion programs for certain offenses, including mental health diversion, veteran’s treatment court, and some first-time offender programs. Eligibility depends on the charge, your criminal history, and the specific facts of your case. The DA’s office does not automatically offer diversion. Your defense attorney typically needs to build a case for why you qualify and advocate for it directly.

Arrested in San Jose? Take the Next Step

Criminal charges in Santa Clara County don’t wait, and neither should your defense. The DA’s office is already working. Every day without an experienced defense team is a day they get stronger and your options get narrower.

Protect your rights. Protect your freedom. Protect your future.

Contact us now. Available 24/7, 100% confidential.