Criminal defense lawyers in San Jose, CA. It's not the most fun topic in the world, but like it or not, you might find yourself in need of a San Jose, CA, criminal defense attorney. Maybe you broke a law that you weren't aware of. Maybe one of your friends broke the law, and you've just gotten wrapped up in it, or you made a mistake and need a second chance. Or maybe your roommate went out last night and ended up in handcuffs, and you're searching for a leading San Jose, CA, criminal defense lawyer to help you fight against the charges.
Regardless of the reason why you're calling, the Law Offices of David S. Chesley, Inc. is prepared to go to bat for you. We have over 25 of the top criminal defense attorneys in California, and have successfully defended a wide range of charges. Call now at (800) 755-5174 or reach out online for a free, confidential consultation.
Why You Need a Leading San Jose, CA, Criminal Defense Lawyer ASAP
Taking too long to find a lawyer can make it harder to get a positive outcome for your case. While you're holding back, the the evidence against you is piling up. California frequently is very harsh in sentencing, and allowing the state to get a head start could make the difference whether or not you'll have any options available outside of prison.
Plus, the longer you wait to hire an attorney, the more likely you are to unconsciously give the prosecution evidence that you wouldn't want them to have. Speaking to the police without a lawyer, not taking the charges seriously, or calling your friends and family could all be inadvertently making it harder on yourself.
Contacting a San Jose, CA, criminal defense lawyer ASAP might stop the state's case in its tracks, before you need to go to trial. By suppressing evidence and negotiating with the prosecution, your lawyer may be able to convince the court to drop or dismiss the charges against you.
We know that arrests don't only happen during weekdays or business hours. At the Law Offices of David S. Chesley, Inc., we're always available for your call and don't make you wait — we're ready to start working on your case as soon as we pick up the phone.
San Jose, CA, Arrests and How to Handle Them
The arrest process in San Jose, CA, is never fun, but it can go smoothly. How you handle the situation can have a major impact on how your case turns out. Do the following during and after an arrest, to enhance the likelihood of a good outcome:
- Comply With the Police: Acting out, attempting to flee, or harming the law enforcement officers won't help you in the long run. In fact, you could face even more accusations of breaking the law.
- Don't Answer Questions: When you are interviewed by the government officials, just tell them that you are invoking your right to remain silent and your right to an attorney.
- Talk to a Lawyer: California allows people to make three phone calls after an arrest – to get immediate legal protection, make sure one is to your attorney.
- Post Bail (If Applicable): Most people charged with a crime in San Jose, CA, are either released on their own recognizance or given a bail amount to post. Being released prior to a potential trial can make a major difference in your case.
- Gather Evidence: To ensure you have it available to reference later, you should put together whatever evidence you have regarding the charges and send it to your criminal defense lawyer.
If you do all of the above and work with a premier San Jose, CA, criminal defense lawyer, you'll set yourself up for a powerful defense.
The Role of a San Jose, CA Criminal Defense Lawyer
Every criminal defense lawyer will take a different approach. At the Law Offices of David S. Chesley, we are focused on your experience and how we can serve you. Because nothing is more important in a case that the person we're defending, we both craft a defense specific to you and act in the best interest of your wellbeing and your life.
We will fight for you by:
- Learning about your case from all angles – we look at the police investigation, our conversations with you, and our own inquiries into your case all give us an intimate understanding of it.
- Create a effective defense utilizing motions to remove unlawfully obtained evidence, working with expert witnesses, and battling the state's subpoenas.
- Represent you in court if the case needs to go to trial. We fight to remove biased jurors, dissect the state's case against you, and create reasonable doubt.
- Negotiate with the prosecution for plea deals. When the evidence against you is weakened, we may be able to secure a plea deal that protects your freedom.
- Advocate for lesser sentences during negotiations and after a trial. Sometimes this takes the form of probation, or perhaps a diversionary program.
- Helping you move forward once the case is over. We provide assistance with the expungement, sealing, and destruction of arrest and criminal records. Don't let your record follow you into the future.
Case Types Our San Jose, CA, Criminal Defense Lawyers Take
The Law Offices of David S. Chesley has experience with all kinds of criminal charges in San Jose, CA, and are prepared to fight for your rights in any San Jose, CA, criminal defense case. Our criminal defense attorneys will stand by your side against:
Traffic Charges
People don't always think of traffic charges as 'criminal,' but they technically are. Something as simple as speeding or reckless driving, but can range up to hit and runs. In San Jose, CA, we defend each of the following traffic charges:
- DUI/DWI Charges
- DUI Refusal Charges
- Hit and Run Charges
- DMV Hearing Defense
- Driving With a Suspended License Charges
- And more
Violent Offense Charges
Violent crime charges tend to have high penalties in San Jose, CA, no matter which specific one you're alleged to have committed. Assault, battery, and more forceful offenses are all included. These are some common violent offense charges that we can help you defend yourself from:
Drug Charges
Drug charges in San Jose, CA, could be anything from possession, usage, or sale, depending on the situation. Even just holding a drug on California's controlled substance list can result in criminal accusations. If you're facing any of the following common charges (or another one) for any controlled substance, contact us now to start building your defense:
- Marijuana
- Prescription Drug Abuse
- Opiods
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Drug Possession for Sale
- And more
Theft Charges
San Jose, CA, theft charges frequently intersect with other types of criminal cases. Sentences are more severe for forceful or violent theft, such as robbery. With a local criminal defense lawyer on your side, you can get help fighting the following:
Sex Crime Charges
Sex crimes are socially and legally some of the most serious charges someone can face. Some, like prostitution, are vice crimes, while others, like rape, are forcible. We defend those accused of the following sex crimes:
Murder Charges
Murder charges are some of the most serious you can face in San Jose, CA. Whether unintentional or on purpose, or even unsuccessful, the law is harsh, meaning that you need the strength of a premier San Jose, CA, law firm to protect your rights. Here are some of our murder charge specialities:
- Attempted Murder
- First Degree Murder
- Second Degree Murder
- Voluntary Manslaughter
- Involuntary Manslaughter
- And more.
Reach out to our legal team with any criminal charges and we'll start creating your defense strategy today.
Finding the Right San Jose, CA, Criminal Defense Lawyer
You will have no problem finding a criminal defense lawyer in San Jose, CA, but not all law firms are created equal. Choosing the proper criminal defense attorney is vital to creating the right defense for your case. Pick someone who can offer you the following:
- Experience – both as defense attorneys and for the state.
- Relationships With Local Courts – which can come into play when contacting the district attorney.
- Knowledge of Your Charges – practice defending previous cases just like yours.
- Positive Reputation – ideally with professional recognition and popular opinion.
- Responsiveness and Availability – a team that you can get ahold of when you need them most.
- Clear Costs – don't get caught up in a contract you don't understand.
Our Criminal Defense Process in San Jose, CA:
No matter what charges you're facing, we will prepare our defense as if it will go to trial. It's not enough to just sit back and assume the prosecution will fail; we're always looking for ways to improve your defense, and are with you throughout the legal process, scaring the state and convincing the jury.
As soon as you call our San Jose, CA, criminal defense lawyers, we are dedicated to finding ways to protect your freedom. Here are some common steps we take for major criminal defense cases:
- Learn Your Case – We listen to you and do our own research to craft a strong defense.
- Fight For Early Dismissal – Whether at a pre–filing investigation conference or a preliminary hearing, we'll fight to have your case dropped before it grows into a major problem for you.
- Argue To Get You Out of Jail Before the Trial – At a bail hearing, we show why you should be freed in the meantime before a trial, with minimal to no cash bonds.
- Be Your Go-Between With the District Attorney – We'll look for a plea deal that protects you from the worst of the penalties.
- Defend You at Trial – Using the defense we built while first learning about your case, we'll break down the prosecution's argument at trial and show reasonable doubt to the jury.
- Represent You for Sentencing and Appeals – If it applies in your case, our team will argue for lenient sentencing and can file appeals to give you the justice you deserve.
The Advantages of Working With Our San Jose, CA, Criminal Defense Lawyers:
The Law Offices of David S. Chesley, Inc., features a group of former prosecutors, judges, and law enforcement officers who have turned their talents to criminal defense. We have over five decades of courtroom experience. We know the strategies prosecutors use to try and secure a guilty verdict, and we will strike back with a staunch defensive plan.
Our connections in San Jose, CA, courts allow us to get a favorable plea deal and avoid most trials entirely. If you do end up in a courtroom in front of a jury, your criminal defense lawyer won't hesitate to give you a powerful defense.
We've received acclaim from both clients and experts. Whatever crime you're facing, our team of top California criminal defense attorneys can handle it. We're upfront with our fees, and our phones are available regardless of the time if you learn something new about your case or a sudden development came up and you need a lawyer to help.
Frequently Asked Criminal Defense Questions in San Jose, CA
The system moves fast after an arrest. It can be hard just to move forward, and you're left looking for clear answers to complex questions. We've put together some of the common questions San Jose, CA, residents have regarding criminal defense, and clear answers to each:
Can a San Jose, CA, criminal defense attorney still help if I didn't commit the crime?
Yes – while it's unlikely that the police will intentionally accuse the wrong person, somthing could get mixed up, and you never know if something you say could unintentionally make you look guilty.
Are DUIs easy cases to beat in San Jose, CA?
The circumstances around your DUI will have a major impact on its outcome. If it's your first DUI and you work with the right attorney, there's a good chance you can avoid jail time. However, repeat DUIs are often treated much more harshly and can be felonies.
Do convictions stay on your record for life in San Jose, CA?
Yes and no – while there are automatic and assisted procedures to have your records sealed, they are still visible to the government.
If I'm arrested in San Jose, CA, is that on my record?
Arrests do go on your record, but these aren't always permanent – the state keeps a record of arrests, but the records can be sealed from the public if there are no charges or convictions.
Can the police arrest me without a warrant?
If police have probable cause (a realistic suspicion that you have committed a crime), they can detain you without a warrant.
What are diversionary programs?
Diversionary programs, such as drug court, mental health court, and veterans court, are alternatives to the traditional court and sentencing process. They normally allow for treatment to be given to people who are accused of a crime, rather than being sent to prison.
What is plea bargaining?
Plea bargaining is a common way to resolve cases in San Jose. In the process, a specific (usually lighter) penalty is offered to the accused person in exchange for a guilty plea. The state uses them to handle cases faster, while defendants often take them because of the reduced penalty.
Call Our San Jose, CA, Criminal Defense Attorneys – Your Freedom Is at Stake
For any criminal charges in San Jose, CA, you have to have an airtight plan for your defense. You have to have an expert criminal defense attorney at your side. You'll get a top defense and expert representation at The Law Offices of David S. Chesley, Inc.
We will watch out for your rights and make sure you get justice in your case. Talk to an attorney today – while you're waiting to hire an attorney, the prosecution is building a case against you. Call (800) 755-5174 or contact us online to start building your defense today.
We also can help in the following legal areas in San Jose, CA:
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