San Jose Criminal
Defense Attorney

“…considerable legal firepower…” – The San Jose Mercury News

San Jose Criminal Defense Attorney

As a San Jose criminal defense attorney, Javier Rios represents all kinds of people for domestic violence, DUI, assault, child molest, rape, homicide, sex charges, drug crime, and felony crimes throughout Santa Clara County. Exclusively Criminal Law, 100% Defense.

Main practice areas


Javier Rios has tried many DUI cases, everything from first time misdemeanor DUI to Double Murder DUI. He is highly qualified to negotiate a settlement and just as able to take it to trial.

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Domestic Violence

Javier Rios has represented hundreds of people for domestic violence: felony, misdemeanor, homicide, injuries, no injuries, cooperative witnesses, uncooperative witnesses. He has also won this type of case in jury trial.

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Sex Charges

Javier Rios has represented many people for rape, child molest, solicitation, child pornography and other sex charges. He has favorably settled many such cases. He has taken many sex cases to trial. Some of his not guilty verdicts were for cases involving the accusation of rape and child molest.

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Drug Crime

Methamphetamine, Cocaine, Heroin, fentanyl, LSD, MDMA, GHB , and any other kind of street drug a person can put in their body, Javier Rios has seen it all. Criminal Drug Manufacturing? Sales? Transportation? Mr. Rios can ably represent a client with drug charges in the San Jose metro area and also get the client help for addiction issues.

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Violent Crimes & Homicide

Javier Rios has extensive trial experience in just about any kind of violent charge a county prosecutor can charge. Mr. Rios has worked out beneficial settlements and also tried many cases involving everything from misdemeanor battery to torture murder. Some of his biggest victories involved accusations of violence.

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Theft Charges

As a San Jose criminal defense attorney Mr. Rios has been handling theft charges since 1988: everything from alleged shoplifts at Macy’s to complicated employee embezzlement accusations.  If you need an experienced attorney to advise you and defend your rights then consider contacting Javier Rios. Remember, you are presumed innocent. That’s the law.

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What My Clients Say

Mr. Rios was the best attorney ever! He was so attentive and determined to get me the best outcome possible for my case. I was so nervous going into court but Javier is so professional and calming that he made everything seem like it was going to be O.K. He is also so honest and has a genuine good heart, which is very rare among lawyers. I am so grateful to have found him randomly over the Internet one day, I know that if I ever have any legal issues every again I would call him and no one else! I recommend him to everyone I know.

NikitaSan Jose, CA

I can’t say enough good things about Attorney Javier Rios. He is intelligent, friendly, professional and reliable Attorney. He cares deeply and goes extra mile for his client. He respond all my phone call and inquiry in a timely manner. Attorney Rios knows his business, he explain everything in details. Highly recommend him.

RHLSSan Jose, CA

I was very fortunate to receive Mr. Rios as an attorney under the 3 strikes law. His approach, preparation, dedication, communication, and experience was without question the best I’ve ever experienced. By any standard Mr. Rios is an excellent attorney.

SantiagoSan Jose, CA

Javier is the BEST attorney in Santa Clara County.

We need more kind, caring, professional attorney like Javier in Santa Clara county. He’s very passion what he does and it shows on his performance. I’m very pleased and blessed to have him as my son’s attorney. He’s the BEST.

DHSan Jose, CA

Facing 25 to life, but Javier Rios got me a year in county.

I was facing 25 to life, but Mr. Javier Rios got me a year in county jail. The most professional, respectful & courteous individual I have ever met…I owe him my life & a million thanks 4 my current sweet freedoms. I would strongly recommend this lawyer to anybody fighting a serious/violent felony conviction or facing a life sentence. I went with his advisement 100% of the time because he is credible, informed and also extremely regarded by everybody in the courtroom….

MartinSan Jose, CA

Hard working, honorable and intelligent! One of the “good ones”.

After being falsely accused of arson. I hired and fired some of what I was told was the best attorneys in the San Jose area…. I was amazed! Mr. Rios did more work in the first hour than any one of my previous lawyers. He called me with questions about the case after hours and weekends while he was working on my case. After all of the hard work Mr. Rios did on my behalf the D.A dropped the charges. Not only is Javier Rios one of the best lawyers I have ever met, he is one of the most honorable hard working men I have met.

ChanningSan Jose, CA

Attorney Rios was instrumental in a felony arrest and subsequent VOP dismissed. The truth was brought to light, clearly & concisely, in court, by Mr. Rios. His expert knowledge and deliverance of information resulted in charges being dropped. Our family is so grateful to and for him. Thank you Javier!!

RGSan Jose, CA

In trouble with the law? Who will you hire to protect you?

When your future is on the line, you need a local criminal defense lawyer, who has the skill and experience to fight for your freedom and achieve the best results.

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Home Javier Rios San Jose Attorney at Law

Which lawyer should I hire?
Frequently Asked Questions

Criminal charges are horrible. Finding the right attorney to represent you can be stressful too. If you or a loved one has been arrested, chances are you are trying to figure out what to do next. If you are looking for an attorney in the San Jose area, there are many attorneys to choose from. Sometimes people hire the first lawyer that they see or the first lawyer that answers the phone. Any lawyer can look good on a webpage. Any lawyer can give big promises. Do your homework. Find out if the lawyer is a highly respected attorney and willing to fight for your rights. Do not settle for less. Too much is on the line.

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.

Do not wait. Call (408) 478-4444 for a free no obligation consultation
or complete the contact form and drop Javier a line.