When you need a San Jose criminal defense lawyer
Any criminal charge is worth a free consultation, because even a misdemeanor can carry jail, fines, a permanent record, and immigration or licensing consequences. The earlier a lawyer is involved, the more they can do — sometimes intervening before charges are filed, preserving evidence, or negotiating with the district attorney. A skilled San Jose defense lawyer knows the local court, the prosecutors, and the diversion and plea options that can keep a charge off your record.
Reach out to a San Jose criminal defense lawyer if any of the following describes your situation.
- You were arrested for DUI and have a DMV hearing deadline (often just 10 days).
- You are facing a felony — a violent charge, a serious drug case, or a third-strike exposure.
- You were charged with domestic violence or have a restraining order against you.
- You face theft, fraud, or a white-collar allegation.
- You were arrested for drug possession or sales.
- You are not a U.S. citizen and a conviction could affect your immigration status.
- You hold a professional license that a conviction could jeopardize.
- Police want to question you, or you think charges may be filed.
- You want to explore diversion, expungement, or reducing a felony to a misdemeanor.
How a San Jose criminal case actually moves
Step 1: arrest and booking, and for some charges a bail or release decision. Step 2: arraignment at the Santa Clara County Superior Court, where you hear the charges and enter a plea. Step 3: for a DUI, a separate and fast DMV hearing about your license — you usually have only 10 days from the arrest to request it. Step 4: pretrial hearings and motions, where your lawyer challenges evidence, the stop, or the search and negotiates with the district attorney. Step 5: for felonies, a preliminary hearing where a judge decides if there is enough evidence to proceed. Step 6: plea agreement, diversion, or dismissal — how most cases end — or trial before a jury. Step 7: if convicted, sentencing, and possibly later steps like expungement or reducing a charge. A lawyer's biggest impact often comes early, in the pretrial and negotiation stages.
What this typically costs in San Jose
$0 upfront
Free consultation
$1,500–$5,000
Many misdemeanors
$5,000–$25,000+
Felony defense
Most San Jose criminal defense lawyers charge a flat fee based on the charge and how far the case is likely to go. As a rough guide, many misdemeanors run $1,500 to $5,000, DUI defense $2,500 to $7,500, and felonies $5,000 to $25,000 or more — with serious cases that go to trial costing more. Fees usually cover defined stages, and a case that goes to trial typically costs extra. If you cannot afford a private lawyer, the Santa Clara County Public Defender represents you at no cost. Most private firms offer a free consultation and payment plans.
How long San Jose criminal cases take
- DMV hearing request (DUI): typically within 10 days of the arrest.
- Arraignment: usually within days of an in-custody arrest, longer if cited and released.
- Misdemeanor case: often resolved in a few months.
- Felony case: commonly 6 months to over a year, depending on complexity.
- Trial: set further out; most cases resolve by plea or diversion before trial.