San Jose Criminal Defense Attorney

San Jose Criminal Defense Attorneys

Have you been arrested in San Jose, CA? Have you been charged with a crime? Time is of the essence. You need a San Jose criminal defense lawyer at Ahmed & Sukaram, DUI and Criminal Defense Attorneys to help build your defense and protect your rights, call us at (408) 217-8818.

We have over three decades of experience in criminal law. We have completed over 50 trials and won over 3,000 cases. 

Contact us today to schedule a free consultation with a member of our legal team. We’re ready to stand up for you when it feels like the whole world is against you.

Table of Contents

How Can Our Criminal Defense Attorneys in San Jose at Ahmed & Sukaram, DUI and Criminal Defense Attorneys Help You Fight Your Criminal Charges?

How Can Ahmed & Sukaram, DUI and Criminal Defense Attorneys Help You Fight Your Criminal Charges in San Jose, CA?

Police and prosecutors will do everything they can to convict you. The most important thing you can do to protect yourself is to hire a San Jose criminal defense lawyer. Your lawyer will make sure law enforcement plays fair — and respects your constitutional rights.

Ahmed & Sukaram, DUI and Criminal Defense Attorneys has the experience and skills you want for your defense. Our attorneys have nearly 30 years of combined legal experience. One of our founding attorneys is a California State Bar Certified Specialist in Criminal Law. Our team has also been recognized by SuperLawyers’ Rising Stars, Top 100 Trial Lawyers, and Top 40 Under 40 Trial Lawyers.

When you hire us to build your defense, you can expect us to:

  • Offer sound legal advice at every stage of your case
  • Investigate the circumstances of your crime to gather exculpatory evidence
  • Examine whether law enforcement violated your rights
  • Make motions to dismiss or block evidence that was illegal obtained by law enforcement
  • Negotiate a favorable plea deal if that’s in your best interests
  • Take your case to trial and make the prosecution prove their case beyond a reasonable doubt

Contact our law office today to schedule a free case consultation. We are ready to get started on your defense.

What Types Of Cases Do Criminal Defense Lawyers Handle?

What Types Of Cases Do Criminal Defense Lawyers Handle?

State and federal law has two broad categories of crimes: misdemeanors and felonies. Generally, a misdemeanor is any crime punishable by less than 12 months in jail. A felony, the more serious offense, can come with anywhere from a year to life imprisonment, depending on the crime.

Ahmed & Sukaram, DUI and Criminal Defense Attorneys, handle all types of misdemeanor and felony cases in San Jose, CA. We regularly take on cases involving:

Were you charged with one of these crimes? Contact us today to discuss your charges.

When Should I Hire a Criminal Defense Attorney?

When Should I Hire a Criminal Defense Attorney?

You should hire a criminal defense attorney whenever you’re facing charges that could impact your life going forward. Prosecutors and judges have significant discretion as to handle the cases that come before them. If you don’t have a criminal defense attorney at your side, the prosecution will have an easier time overcharging your case and taking advantage of you.

We highly recommend hiring a criminal defense attorney if you’re facing criminal charges. When your future is at stake, it’s critical that you put forward your best possible defense. A lawyer can protect your rights and interests throughout the life of your case. 

What Is Considered To Be a Criminal Case in San Jose?

A criminal case is any case where a prosecutor has filed charges against a defendant. The crime could be a misdemeanor or a felony. The case could even involve multiple charges.

What Does a San Jose Defense Lawyer Do to Investigate a Criminal Case?

Ahmed & Sukaram will conduct an exhaustive investigation into the circumstances of your charges. We will look for evidence that can help exonerate you. We will also examine whether police or prosecutors violated your rights. 

Was The Arrest Lawful?

Police must have probable cause to believe you committed a crime in order to arrest you. If they didn’t, our lawyers will challenge the arrest and the charges and make the prosecution think twice about bringing their case.

Did Law Enforcement Violate Your Rights?

Police officers and prosecutors have to respect your constitutional rights. They cannot subject you to searches or arrests without the required level of suspicion. Likewise, they must advise you of your Miranda rights upon arrest. If law enforcement violated your rights, we’ll find out. 

We’ll Bring in Experts to Help.

The government has access to major resources when prosecuting your case, including expert witnesses. At Ahmed & Sukaram, we work with leading experts in California to help strengthen our clients’ cases and prove their innocence. We will consult relevant experts to help us with your defense, if necessary, and use all the resources we need to get the right result.

We’ll Challenge Every Piece of Evidence.

Police officers and prosecutors are subject to strict laws and constitutional requirements for obtaining evidence in a criminal case. Not surprisingly, they sometimes cut corners and try to get evidence the easy way. That’s why we’ll challenge every piece of tainted evidence they have, and we’ll put up our own evidence to undermine their version of the case.

How Do I Find the Best Criminal Defense Lawyer in San Jose?

There are a couple of things you can do to make sure you choose the best San Jose criminal defense attorney.

  • Ask for referrals. Referrals are a good place to start your search for a criminal defense attorney. You can ask family, friends, and co-workers about lawyers they’ve used in the past and the results the lawyer achieved for them. This process can help steer you in the right direction.
  • Look for a lawyer who specializes in criminal law. Many lawyers practice several areas of the law. However, choosing an attorney who focuses their practice on criminal defense can be a major boon to your case. You can rest assured that such an attorney will know the laws, rules, and procedures that apply in your case.
  • Choose an experienced attorney. Criminal law and procedure are highly complicated. You should find an attorney with experience handling cases like yours. Your lawyer should also have ample trial experience. If your attorney is a Board Certified Criminal Law Specialist, all the better.

Ahmed & Sukaram offer consultations to help you determine if we’re the right fit for your case. Contact us today to schedule a free case review.

Do I Need to Hire an Attorney Who Only Practices Criminal Law?

Do I Need to Hire an Attorney Who Only Practices Criminal Law?

Criminal law and procedure are highly technical and differ in every state. A lawyer in general practice may not understand the nuances well enough to put on a strong defense. Therefore, it’s best to hire an attorney who specializes in criminal law to represent you in your case. Your criminal law attorney will know the law under which you were charged. They will also follow the proper procedure and make sure you don’t lost a case on a technicality.

Your criminal lawyer will also know the best defenses to use for your particular charges and situation. They will also know how to leverage the evidence during negotiations and communications with the prosecution — and during trial. Ultimately, your criminal defense attorney will identify and pursue the best possible avenues to obtain a favorable plea deal or earn a dismissal or acquittal.

How Important is Experience for a Criminal Defense Attorney?

How Important is Experience for a Criminal Defense Attorney?

Experience is critical for a criminal defense lawyer. Your life and freedom are on the line. You don’t want an attorney with minimal experience or who only has experience in general practice. 

You want a lawyer with extensive experience defending individuals against criminal accusations. Moreover, you should seek an attorney who has trial experience — not just experience obtaining plea deals. 

Ahmed & Sukaram, DUI and Criminal Defense Attorneys has over three decades of combined experience in criminal law. Our co-founder is board certified in criminal law. We have the experience you want on your side when your life is on the line. 

What Should I Do If I Am Arrested in San Jose, CA?

What Should I Do If I Am Arrested in San Jose, CA? - Santa Clara County

Don’t panic. Exercise your right to remain silent; police should inform you of these and other Miranda Rights before your arrest. Anything you say during and after your arrest can be used against you in your criminal case, including statements to police officers. 

Resist the temptation to explain yourself to the police officers. They’re not interested. Keep silent, and don’t make it easier for law enforcement to prosecute you.

You should also get in touch a criminal defense attorney right away. An attorney can protect your rights and explain your options for defending your charges.

Should I Hire a Local Attorney or Can I Hire an Out-of-town Attorney?

You should always consider hiring a local attorney to defend you of criminal charges. Every jurisdiction and court will have slightly different rules that attorneys and defendants must following when it comes to:

  • Court filings
  • The form of pleadings and motions
  • The presentation of evidence
  • Scheduling
  • Dress code

Local attorneys will ensure you don’t run afoul of these rules during your case. Moreover, local attorneys will have relationships with local prosecutors and judges. These relationships can open the lines of communication for subsequent negotiations for a plea deal or dismissal. 

Can I Get Arrested If the Police Don’t Have an Arrest Warrant?

Can I Get Arrested If the Police Don’t Have an Arrest Warrant?

Yes. A police officer must have probable cause to believe you committed a crime to arrest you. Often, police officers will seek an arrest warrant from a magistrate judge when they have evidence showing probable cause you committed a crime. 

Police do not always need an arrest warrant to arrest you. However, they will still need probable cause. Law enforcement can make a warrantless arrest when (1) they have probable cause to believe you committed an offense or (2) if they witness you commit a crime.

Do I Need a Lawyer If I’m Innocent?

If you are innocent, you definitely need a lawyer. Not all innocent people walk away from the courtroom. Many are incarcerated for crimes they didn’t commit.

A strong lawyer can help you prove your innocence and minimize the risks that you are wrongfully convicted. Hiring a lawyer is the best way to protect your freedom.

Is It Worth it to Hire a Lawyer If I’m Guilty?

You should hire a lawyer if you are guilty. You need a lawyer as much as anyone else. Plus, the prosecution has to prove your guilt beyond a reasonable doubt. This is a high burden, and your lawyer can make sure they meet it.

At the very least, your attorney can negotiate a favorable plea deal with the prosecution, a feat that is difficult to do on your own.

What Happens If the Lawyer Has Bad Record with the California State Bar?

What Happens If the Lawyer Has Bad Record with the California State Bar?

You should make sure you hire a lawyer with a clean disciplinary record. Hiring a lawyer who has been sanctioned by the bar for misconduct can have adverse consequence for your criminal defense.

You can ask your attorney if they have ever been in trouble with the state bar. You can also visit the California Bar’s website and enter your attorney’s name to determine if they have a history of misconduct. The database will show you whether the attorney is licensed to practice law in CA and whether they have been disciplined by that bar.

Can My Criminal Case Go to Trial?

Can My Criminal Case Go to Trial?

Most cases are resolved through plea agreements. Some studies suggest that as many as 90% of criminal cases are resolved via plea deals. A plea deal can be a quick and efficient way to settle your case. 

However, a plea bargain is not right for all people. Sometimes, it’s best to take a case to trial to protect your rights and defend you from charges. We might need to take your case to trial if we can’t reach a favorable plea or if trial puts us in the best position to win your case.

How Much Does a Criminal Defense Attorney Cost?

How Much Does a San Jose Criminal Defense Attorney Cost?

It depends. Attorney’s fees will vary depending on the nature of your charges, the experience of your lawyer, and the amount of time it takes to resolve your case. 

Your fee will also vary depending on whether your criminal defense lawyer uses flat fees or hourly fees. A flat fee sets a fixed price to cover all hours your lawyer works on the case. With hourly fees, lawyers charge for each hour they spend on the case.

What If I Can’t Afford a Criminal Defense Attorney in San Jose?

If you can’t afford a criminal defense attorney, you will have the option to have a public defender appointed to represent you. This attorney will represent you free of charge. Keep in mind, however, that public defenders often have a high volume of cases that they must handle and so might not be able to provide the personalized attention that another attorney could.

Do I Really Need a Lawyer? Can I talk to the District Attorney Myself About My Side of the Story?

Do I Really Need a Lawyer? Can I talk to the District Attorney Myself About My Side of the Story?

You need a lawyer if you have been charged with a crime. You are guaranteed a lawyer by the U.S. Constitution. Why? Because you have the right not to incriminate yourself and to put on a proper defense to your charges.

If you talk to the district attorney about your side of the story, you will likely incriminate yourself. Anything you say to the district attorney or law enforcement can and will be held against you in court. The district attorney is not on your side.

You need an attorney to protect your rights and best interests. Your attorney should tell your side of the story — not you. Your attorney can also handle all communications and negotiations on your behalf. Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys for help with your case.

What Is the California Criminal Process?

While every criminal case in San Jose, California, will vary given its facts and circumstances, there are some general steps that most cases will see as they progress. These steps include:

  • Arrest. An arrest will be made, and the prosecution will decide which charge(s) to pursue.
  • Arraignment. The defendant will be seen in a front of a judge, who will describe the charges the defendant is facing, their rights, and their right to an attorney. The defendant will either plead guilty or not guilty.
  • Pre-Trial. After the arraignment but before trial, the defense and prosecution will exchange information via the discovery process and will attempt to negotiate a plea deal, among other steps like the filling of various motions and selecting a jury.
  • Trial. The prosecution must prove each element of the charge(s) beyond a reasonable doubt, and every criminal defendant has a right to a trial in front of a jury of their peers.
  • Verdict. The jury must unanimously vote to convict. If they do so, the next step will be sentencing. There are also options for appeal. If the jury returns a “not-guilty” verdict, the defendant will be free to go.

If you have further questions about the criminal process in California, reach out to us.

Do Santa Clara County Criminal Cases Fall Under State Law or Federal Law?

Cases in Santa Clara County typically fall under state law and are prosecuted in the superior courts. Federal cases involve violations of federal law. They will usually be heard in federal court

If you are confused about whether you are being accused of breaking state or federal law, ask your criminal defense lawyer. They will be able to tell you whether your case is being prosecuted by the United States District Attorney’s Office or the Santa Clara County District Attorney’s Office.

How Do I Know If I Have Been Charged With a Federal Crime?

If you’ve been charged with a federal crime, a federal prosecutor should have sent you a charging document, likely an indictment, notifying you of the charges against you. The documents, which also instruct you to appear at a federal courthouse, will tell you whether you’ve been charged with a federal crime.

How Can I Search for a Santa Clara County Criminal Court Record?

How Can I Search for a Santa Clara County Criminal Court Record?

You can click here to be taken to the official website of the Superior Court of California, County of Santa Clara. This website allows you to search for a court record based on various search criteria, such as the first and last name of the defendant, case number, business name, or filing date.

In order to search for a criminal record, you can visit the Santa Clara County Sheriff’s Office. You can call 408-808-4705 to ask any questions you might have or to set up an appointment to retrieve your record. 

We can also help you retrieve your record if you’d like additional assistance. Reach out to an experienced criminal defense attorney today for help.

How Does Bail Work?

Bail offers a way to release a defendant from jail while their case is pending. You (or another party on your behalf) can put up cash, a bond, or real property as collateral to ensure you will appear in court when ordered. In exchange, the court will release you from jail while your case proceeds.

Each county has a local bail schedule for specified offenses. The schedule will tell you the bail amount for your charges. For minor charges like a first DUI, a jail will typically release an individual with no bail after booking them. For bail schedule offenses, you or another person will have to pay bail or post bond for the jail to release you.

What Happens If I Bail Out?

If you post bail after your arraignment, you will be released from custody. However, you will not be permitted to flee the state. Your charges are still active, and your case is still ongoing, it’s just that you won’t have to stay in jail while your case progresses forward.

A Relative was Arrested in San Jose. How Can I Visit a Jail?

A Relative was Arrested in San Jose. How Can I Visit a Jail?

If your relative has been arrested in San Jose, it is likely that they have been booked in the Santa Clara County Main Jail Complex. This complex has visiting times throughout the week.

To schedule your visit, you will need to create an account through The Main Jail’s Online Visitor Registration system (OVR). The jail will accommodate visits on a first-come, first-served basis via OVR. Inmates at the Main Jail may have two 60-minute visits per week.

You must check in half an hour before the scheduled visits. You must also present a valid government-issued picture I.D. To learn more about the rules for visiting an inmate, click here.

How Long Before I See A Judge After My Arrest in the San Jose Area?

If I Was Arrested in the San Jose Area, How Long Before I See a Judge?

Your first appearance before a judge after your arrest is called an arraignment. The exact time frame for this to occur will vary depending on your charges and the caseload that the appropriate court is facing at the time. 

However, an arraignment must occur within 48 hours of your arrest unless you were arrested on a Sunday or holiday. This is a requirement described in California Penal Code Section 825.

If you have further questions about your case’s timeline, get in touch with Ahmed & Sukaram, DUI and Criminal Defense Attorneys at your convenience. We offer a free consultation to review your case.

Contact Our Experienced San Jose Criminal Defense Attorneys For Legal Help

It’s time to get serious if you’ve been charged with a crime in San Jose, California. You deserve an experienced San Jose criminal defense lawyer to spearhead your defense. Ahmed & Sukaram, DUI and Criminal Defense Attorneys is the firm you want on your side.

We’ll use our three decades of experience and expertise to help you battle your charges and protect your freedom. 

Contact us today to schedule your free initial consultation with a member of our legal team. We’re standing by to help with your case. You can also contact one of our criminal defense lawyers in Redwood City.

Nearby Courts

  • Superior Court of Santa Clara County
    191 N First St, San Jose, CA 95113
  • Santa Clara County Family Court
    201 N First St, San Jose, CA 95113
  • County of Santa Clara Hall of Justice
    190 W Hedding St, San Jose, CA 95110
  • Santa Clara County Courthouse
    1095 Homestead Rd, Santa Clara, CA 95050

Local Prisons

  • County of Santa Clara Main Jail
    150 W Hedding St, San Jose, CA 95110
  • Elmwood Correctional Facility
    701 S Abel St, Milpitas, CA 95035
  • Santa Clara County Department of Correction
    701 S Abel St, Milpitas, CA 95035
  • Santa Clara County Juvenile Hall
    840 Guadalupe Pkwy, San Jose, CA 95110

Local Sheriff

  • County of Santa Clara Office of the Sheriff
    55 W Younger Ave, San Jose, CA 95110

San Jose Criminal Lawyer Review

San Jose Criminal Lawyer Review
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Areas We Serve

The Alameda, Almaden, Alum Rock, Alviso, Berryessa, Blossom Valley, Buena Vista, Burbank, Calero, Cambrian, Chinatown, Communications Hill, Coyote Valley, Downtown Historic District, Downtown, East Foothills, East San Jose, Edenvale, Evergreen, Fruitdale, Japantown, King & Story, Little Portugal, Little Saigon, Luna Park, Mayfair, Meadowfair, Midtown, Naglee Park, New Almaden, North San Jose, North San Pedro, Northside, Palm Haven, Qmunity District, Rincon de los Esteros, Rincon South, Rose Garden, San Pedro Square, Santana Row, Seven Trees, College Park, Shasta Hanchett Park, Silver Creek Valley, SoFA District, South San Jose, Spartan Keyes, St. Leo’s, Tamien, Washington-Guadalupe, West San Carlos, West San Jose, West Valley, Willow Glen, Winchester.

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