Criminal Defense Lawyer San Jose & Bay Area

PRACTICE AREAS

How We Can Help

DUI / DWI Defense

Charged with driving under the influence? We challenge breathalyzer results, field sobriety tests, and improper traffic stops to protect your license and freedom.

Domestic Violence Defense

False accusations of domestic violence can destroy lives. We defend against PC 243(e)(1) and PC 273.5 charges with thorough investigation and strategic advocacy.

Drug Crimes Defense

From simple possession to trafficking charges, we fight drug crime allegations and explore diversion programs and alternative sentencing options.

Theft & Property Crimes

Facing charges for petty theft, grand theft, burglary, or shoplifting? We build strong defenses to minimize penalties and protect your record.

Assault & Battery Defense

Assault and battery charges carry serious penalties. We defend against simple assault, aggravated assault, and assault with a deadly weapon allegations.

White-Collar Crime Defense

Embezzlement, fraud, money laundering, and corporate crime charges require sophisticated defense strategies. We handle complex financial investigations.

Federal Crime Defense

Federal charges carry severe penalties and are prosecuted aggressively. Our attorneys have the experience to defend against RICO, wire fraud, and other federal offenses.

Vandalism Defense

Vandalism charges can be misdemeanors or felonies depending on the damage amount. We defend against property damage and graffiti allegations.

Weapons Charges Defense

California has strict weapons laws. We defend against charges involving concealed carry violations, illegal firearms possession, and assault weapons allegations.

Fraud Defense

Fraud charges including forgery, identity theft, check fraud, and insurance fraud demand experienced legal counsel. We protect your rights and reputation.

Juvenile Crime Defense

The juvenile justice system focuses on rehabilitation, but the stakes remain high. We advocate for young people facing delinquency proceedings in California.

Sex Crime Defense

Sex crime allegations carry life-altering consequences including registration requirements. We provide discreet, aggressive defense against all sex crime charges.

Hit and Run Defense

Hit and run charges can be filed as misdemeanors or felonies. We challenge identification evidence and build strong defenses to protect your driving record.

Restraining Order Defense

A restraining order can affect your housing, employment, and custody rights. We help you contest unjust orders and defend against violation charges.

Probation Violation Defense

A probation violation can result in jail time and revocation of your probation. We advocate for modification and alternative resolutions at violation hearings.

Expungement / Record Clearing

A past conviction does not have to define your future. We help eligible clients clear their criminal records through California's expungement process.

Murder Defense

PC 187 charges including first and second degree murder. We fight for reduced charges, self-defense claims, and case dismissals.

Manslaughter Defense

PC 192 voluntary and involuntary manslaughter charges. We challenge the prosecution's theory to protect your freedom.

Robbery Defense

PC 211 robbery charges are strike offenses. We fight identification evidence and force/fear allegations.

Carjacking Defense

PC 215 carjacking carries 3-9 years in prison. We challenge witness identification and use of force claims.

Burglary Defense

PC 459 residential and commercial burglary. We challenge intent at entry and fight for reduced charges.

Kidnapping Defense

PC 207 kidnapping charges carry severe prison sentences. We challenge asportation and consent elements.

Arson Defense

PC 451 arson charges including structure and forest fires. We investigate cause and challenge willfulness.

Criminal Threats Defense

PC 422 criminal threats charges are strike-eligible felonies. We challenge fear and specificity elements.

Stalking Defense

PC 646.9 stalking charges. We defend against false accusations and challenge credible threat requirements.

Identity Theft Defense

PC 530.5 identity theft and personal information misuse. We challenge intent and authorization claims.

Forgery Defense

PC 470 forgery including document alteration and counterfeiting. We challenge intent to defraud.

Embezzlement Defense

PC 503 embezzlement and misappropriation of entrusted funds. We challenge trust relationships and intent.

Grand Theft Defense

PC 487 theft of property over $950. We dispute valuations and challenge evidence of intent.

Shoplifting Defense

PC 459.5 shoplifting misdemeanor charges. We pursue diversion programs and fight for case dismissal.

Conspiracy Defense

PC 182 conspiracy charges. We challenge the existence of agreements and overt acts.

Resisting Arrest Defense

PC 148 resisting, delaying, or obstructing an officer. We challenge unlawful arrests and excessive force.

Disorderly Conduct Defense

PC 647 public intoxication and related charges. We challenge evidence and pursue quick resolutions.

Trespassing Defense

PC 602 trespassing charges. We establish consent, public access rights, and necessity defenses.

DUI with Injury Defense

VC 23153 driving under the influence causing bodily injury. We challenge BAC evidence and causation.

Reckless Driving Defense

VC 23103 reckless driving charges. We challenge willfulness and negotiate wet reckless pleas.

Evading Police Defense

VC 2800.2 felony evading charges. We challenge knowledge of pursuit and willful disregard.

Driving on Suspended License

VC 14601 driving while suspended. We challenge knowledge of suspension and DMV errors.

Drug Possession Defense

HS 11350 simple possession. We pursue diversion programs and challenge unlawful searches.

Drug Sales Defense

HS 11351/11352 possession for sale and transportation. We challenge intent to sell and search procedures.

Methamphetamine Defense

HS 11377/11378 meth possession and sales. We challenge substance identification and search legality.

Child Abuse Defense

PC 273d corporal punishment charges. We defend against false accusations and establish reasonable discipline.

Perjury Defense

PC 118 false statements under oath. We challenge willfulness and materiality of statements.

UNDERSTANDING CRIMINAL DEFENSE

What Happens in a California Criminal Case?

A criminal case is fundamentally different from a civil dispute: the State of California, not a private party, brings the charges, and the consequences — jail or prison time, fines, probation, and a permanent record — fall on the individual defendant. When you are facing criminal charges, the outcome can follow you for the rest of your life, affecting your career, your relationships, and your freedom.

At RV Litigation Group PC, we understand that being accused of a crime does not make you guilty, and we are committed to providing every client with the vigorous defense they deserve — whether the charge is a misdemeanor or a serious felony, throughout the San Francisco Bay Area, including San Jose, San Francisco, Gilroy, Morgan Hill, and all of Santa Clara County.

Knowing how a California criminal case actually moves through the system — and the deadlines that govern it — helps you understand what is at stake at each stage and why early, aggressive representation matters. Below is an overview of how a typical case proceeds.

THE CRIMINAL PROCESS

The Stages of a Criminal Case in California

Arrest & Booking

Law enforcement takes a person into custody based on probable cause that a crime was committed, followed by the formal booking process — fingerprints, photographs, and a record of the alleged charges.

Arraignment

The defendant is formally charged in court and enters a plea of guilty, not guilty, or no contest. Bail is addressed at this stage, and the statutory clock on the case's deadlines begins running.

Pre-Trial Proceedings

For felonies, a preliminary hearing determines whether sufficient evidence exists to proceed under Penal Code 872. Both sides exchange discovery, and defense counsel may file pre-trial motions — including a motion to suppress unlawfully obtained evidence under Penal Code 1538.5.

Plea Negotiations

Many California criminal cases are resolved at this stage through negotiation with the prosecution — often resulting in reduced charges, alternative sentencing, or a diversion program rather than proceeding to trial.

Trial

If the case is not resolved beforehand, it proceeds to a jury or bench trial, where the prosecution must prove every element of the charge beyond a reasonable doubt — the highest standard of proof in the legal system.

Sentencing & Appeal

If convicted, the court imposes a sentence, which may include custody, probation, or fines. A defendant may appeal the conviction or sentence to a higher California court.

WHAT TO EXPECT

Key Takeaways for California Criminal Cases

Strict Deadlines Apply

California's speedy trial statute, Penal Code 1382, sets firm deadlines for bringing a case to trial after arraignment — generally 60 days for felonies in Superior Court and shorter windows for misdemeanors. The state also faces its own statute of limitations for filing charges in the first place, which varies by offense.

Many Cases Resolve Through Negotiation

Plea bargaining is a routine part of the California criminal justice system. A negotiated resolution can mean reduced charges, alternative sentencing, or a diversion program — often a far better outcome than the risk of proceeding to trial on the original charges.

The Burden of Proof Is on the Prosecution

Unlike a civil case, a defendant is never required to prove innocence. The prosecution must prove every element of the charge beyond a reasonable doubt, and a defense strategy is built around holding the state to that standard.

Litigation Readiness Strengthens Your Position

Prosecutors offer more favorable resolutions when they know defense counsel is genuinely prepared to take a case to trial. A defense built on real trial readiness — not just a willingness to negotiate — creates leverage at every stage of the case.

WHY CHOOSE US

Our Approach to Criminal Defense

Thorough Investigation

We examine every piece of evidence, interview witnesses, and consult experts to build the strongest possible defense for your case.

Strategic Negotiation

Many cases are resolved through skilled negotiation. We work to secure reduced charges, alternative sentencing, or case dismissals whenever possible.

Trial-Ready Advocacy

When negotiation is not enough, we are prepared to take your case to trial and fight aggressively before a judge and jury.

Accessible Communication

Criminal cases move quickly. We keep you informed at every stage and make sure you understand your options so you can make the best decisions for your future.

CRIMINAL DEFENSE