San Jose Criminal Defense Attorney

Should I hire an attorney in San Jose who only practices criminal law?

Look for an attorney in San Jose who only practices criminal law. Criminal law is complicated. It changes every day. New laws pop up frequently. The courts’ interpretation of those laws also changes. Just keeping up with all the latest developments is a full-time job. Criminal law is so complicated that there are attorneys, for example, who only handle appeals.  There are attorneys who only handle legal research and written motions. There are attorneys who only handle DUIs. There are lawyers who pretty much only handle murder cases.   The attorney who exclusively practices criminal law has a better chance of keeping up to date on criminal law.

If an attorney handles some criminal, some personal injury, and some family law, for example, there is some risk of being a jack of all trades, and master of none.

You do not want an attorney who sort of knows criminal law. You want an attorney who masters criminal law. A lawyer who only practices criminal law stands a better chance of knowing all the latest laws and cases that might affect your case.

Is it a good idea to hire a local attorney in Santa Clara County instead of an out-of-town attorney?

Get a local attorney. If you have a criminal case in Santa Clara County, it’s important to hire a local attorney with an office in Santa Clara County. A local attorney knows the local judges, the local prosecutors, the local probation officers and the local jails.  Hiring an out-of-town lawyer could be a big mistake.  For example, would you really expect a Los Angeles attorney to know what the Morgan Hill courthouse judges like? –Of course not.   If you can get an attorney who only practices criminal law in Santa Clara County, that might be the best fit for a Santa Clara County criminal case.

What if the lawyer has bad record with the California State Bar?

Only hire a lawyer who has a clean record with the California State Bar. Why would you hire an attorney who has a record of messing up? Why would you hire a law firm that will assign your case to an attorney who has a history of big mistakes or stupidity?  You can ask an attorney, “Do you have a clean record with the State Bar? You can ask an attorney,  “Are there any attorneys in your firm that have gotten into trouble with the State Bar?”

Here is a link to see for yourself if an attorney has gotten trouble with the State Bar.

Should I hire an attorney in San Jose who is not afraid to go to trial?

Hire an attorney in San Jose who actually takes cases to trial. District Attorneys and judges know which attorneys are willing to actually fight a case in a trial department. They also know which lawyers have not tried a case in many years.

What if you have a good case?  The last thing you need is an attorney who  tells you to plead guilty   because the attorney does not really take cases to trial.  There are many reasons to plead guilty instead of taking a case to trial. However, a lawyer’s unwillingness to try cases should not be the reason why a client pleads guilty.  You can ask an attorney “Have you ever taken a case like mine to trial?” “Have you ever won, in trial, a case with these same charges?” “When was the last time you tried a case?” “How many trials have you done.”

It is true that there are many fine attorneys who are very skilled negotiators and can negotiate a great plea bargain without having to set a case for jury trial.  But you should look for an attorney who is both a skilled negotiator and also a real trial attorney.   There is no substitute for a true trial attorney.

How important is experience for a criminal defense attorney?

Hire an experienced lawyer. New lawyers can be great. But, do you want that lawyer to be learning on the job with your case?   Would you prefer to hire an old pro? Practice makes perfect; that is true in life in general and also true with criminal defense attorneys.   Hire the most experienced attorney who can do the job on your case. And if your case is in Santa Clara County, find an attorney who has many years of experience in Santa Clara County.

If I intend to plead guilty, should I still hire a lawyer?

You should at least talk with an attorney before you decide to represent yourself.  For some very minor and simple charges, you might do OK representing yourself. But you may not know what is a simple case. Remember, your freedom could be at stake. You could go to jail. You should know what your rights are and what an attorney may be able to do for you. Often, for even “minor” misdemeanors, at attorney can negotiate a better deal than you can. And for any felony, never represent yourself. Felonies are too serious.

What if I can’t afford to hire an attorney?

If you cannot afford to hire an attorney, the Santa Clara Public Defender may be a great option for you. The public defenders in this county are excellent attorneys, well trained, access to great defense investigators, experienced and they all know how to take cases to trial.  For example, two current federal judges are former Santa Clara County Public Defender lawyers.  Furthermore, if you have a public defender, then you do not have to pay for experts or investigators because the county pays for all of that. However, this option is only for the indigent. If the accused is in jail they automatically qualify for the public defender.  Here is a link to the Santa Clara County Public Defender.