FREQUENTLY ASKED QUESTIONS

Remain silent, clearly invoke your Fifth Amendment right, and ask for an attorney immediately. Do not answer questions from law enforcement about the alleged crime. Do not consent to searches of your person, vehicle, or home. Contact a criminal defense lawyer as soon as possible. Remember that phone calls from Santa Clara County jail facilities are recorded.

Criminal defense attorney fees in San Jose and the Bay Area vary based on the complexity of the case, the charges involved, and the attorney's experience. Many attorneys offer flat fees for misdemeanor cases and hourly or retainer-based fees for felonies. Contact our office at (415) 797-7591 for a consultation to discuss your specific situation and get a clear understanding of costs.

Misdemeanors are less serious offenses punishable by up to one year in county jail and fines up to $1,000. Felonies are more serious crimes punishable by more than one year in state prison and larger fines. Some offenses, known as "wobblers," can be charged as either a misdemeanor or felony depending on the circumstances and the defendant's criminal history.

Yes. Under California Penal Code 1203.4, individuals who have completed probation may petition the court to withdraw their guilty plea and have the case dismissed. Eligibility depends on the offense, whether you completed probation successfully, and whether you have any pending charges. Our attorneys help clients throughout San Jose and the Bay Area navigate the expungement process.

At your arraignment in Santa Clara County Superior Court, the judge reads the formal charges against you, you enter a plea (your attorney will typically advise you to plead not guilty), bail is addressed, and future court dates are set. You have the right to an attorney at this hearing. If you cannot afford one, the court will appoint a public defender.

Yes. A DUI conviction remains on your California criminal record permanently unless expunged. It also stays on your DMV driving record for 10 years and counts as a prior for sentencing purposes if you are charged with another DUI within that 10-year window. A DUI conviction can affect employment, professional licensing, and insurance rates.

During a police stop in San Jose or anywhere in California, you have the right to remain silent beyond providing your identification. You have the right to refuse consent to a search of your vehicle or person (though officers may search if they have probable cause). You have the right to record the interaction. You do not have to answer questions about where you are going or coming from.

Bail amounts in Santa Clara County are set according to the county bail schedule based on the charges you face. You can post the full amount in cash (refunded at case conclusion), use a bail bondsman who posts bail for a non-refundable premium (typically 10%), request OR (own recognizance) release, or have your attorney file a motion for bail reduction. The goal is to secure your release while your case is pending.

A wobbler is a crime that can be charged as either a misdemeanor or a felony at the prosecutor's discretion. Common examples include assault with a deadly weapon (PC 245), grand theft (PC 487), domestic violence (PC 273.5), and vandalism causing over $400 in damage (PC 594). The charging decision depends on the specific facts and your criminal history. An experienced defense attorney may be able to negotiate a felony wobbler down to a misdemeanor.

Civil litigation covers a broad range of non-criminal disputes including breach of contract, business disputes, real estate conflicts, employment disputes, landlord-tenant issues, property damage claims, fraud, defamation, and other cases where one party seeks monetary compensation or specific performance from another. Our attorneys handle civil matters throughout San Jose, Santa Clara County, and the greater Bay Area.

Criminal cases are brought by the government (prosecution) and can result in jail or prison time, probation, and fines paid to the state. Civil cases are disputes between private parties and typically result in monetary damages or court orders (injunctions). The burden of proof is also different — "beyond a reasonable doubt" in criminal cases versus "preponderance of the evidence" (more likely than not) in civil cases.

Filing fees in California Superior Court vary by case type. Filing a civil unlimited case (over $25,000 in dispute) costs approximately $435, while limited civil cases (under $25,000) cost approximately $75 to $370 depending on the amount. Additional costs may include service of process, discovery expenses, deposition costs, expert witness fees, and attorney fees. Your attorney can give you a realistic estimate of total costs.

In California, you have four years to file a lawsuit for breach of a written contract (Code of Civil Procedure 337) and two years for breach of an oral contract (CCP 339). These deadlines begin running from the date the breach occurred. Missing the statute of limitations will bar your claim, so it is important to consult with an attorney promptly if you believe a contract has been breached.

Yes, and the vast majority of civil cases settle before trial. Settlement can occur at any stage — before filing a lawsuit, during discovery, at mediation, or even during trial. Settlement offers the advantages of certainty, lower costs, faster resolution, and privacy compared to a public trial. Our Bay Area civil litigation attorneys are skilled negotiators who work to achieve favorable settlements while always being prepared for trial.

Mediation is a voluntary, confidential process where a neutral third party (the mediator) helps the disputing parties reach a settlement. Many Bay Area courts, including Santa Clara County Superior Court, encourage or require mediation before trial. The mediator does not make binding decisions — they facilitate negotiations between the parties to help them find common ground and resolve the dispute.

While you can represent yourself in civil court (known as proceeding "pro se" or "in pro per"), having an experienced attorney is strongly recommended, especially for complex matters or cases involving significant amounts. California civil procedure has strict rules about filing deadlines, discovery, evidence, and courtroom procedures. A civil litigation attorney in San Jose can evaluate your case, develop a strategy, handle the procedural requirements, and advocate effectively on your behalf.