Santa Clara County has the largest prosecuting agency in all of Northern California. Their District Attorney's Office prosecutes about 45,000 cases a year and staffs approximately 500 attorneys, investigators, forensic analysts, paralegals and clerks who are all working in unison to convict you. So, if you have been arrested or charged with having committed a criminal offense in Santa Clara County, you have probably heard by now that you are going to need the help of a top-tier San Jose criminal defense lawyer.
In order to have any chance in defending against a criminal prosecution in Santa Clara County you need a San Jose criminal lawyer who not only knows the proverbial 'lay of the land,' but you also need a defense attorney who relishes a challenge, meets that challenge and thrives in it. We at Ahmed & Sukaram, Attorneys at Law, are exactly that type of San Jose criminal attorney. At Ahmed & Sukaram, we represent adults and juveniles who face prosecution in the Santa Clara County Hall of Justice knowing that our reputation is only as good as the outcome that we achieved for our last client.
For more information about defending against criminal charges in San Jose, California please call us toll free at 866-477-0965.
San Jose Felony Charges
If you have been arrested for a non-drug related felony criminal offense in San Jose, Santa Clara, Los Gatos, Saratoga, Campbell, Milpitas and Monte Sereno you may be charged and prosecuted in the Santa Clara Hall of Justice located at 190 West Hedding Street, San Jose, CA 95110. Alternatively, if you have been arrested in either of the above-mentioned cities for a drug related offense you may be charged and prosecuted at the Terraine Courthouse located at 115 Terraine Street, San Jose, CA 95110.
Regardless of the type of offense that you, a loved one, fried or acquaintance is arrested for, contact Ahmed & Sukaram, Attorneys at Law right away to discuss the arrestee's rights. Not only can we begin guiding your legal defense in the right direction, we can inform you of methods to secure your release from incarceration, whether it is by posting a property bond, posting bail (either a cash bail or through a bondsman), or seeking release on your ' own recognizance' (commonly known as " O.R." or " supervised O.R." depending upon the type of own recognizance release) from the court.
Once criminal charges are filed in your case, you have the right to be arraigned on the charges. Essentially, the arraignment is where the court informs you of the charges against you and your constitutional rights concerning the charges. Thereafter, you can enter a plea of either guilty or not guilty, and either waive or not waive your right to a speedy preliminary hearing, i.e., within 10 court days from arraignment, but no later than 60 calendar days from the arraignment. Traditionally, the police report is provided to defense counsel by the court at the arraignment.
To promote settlement of the criminal case prior to the preliminary hearing, Santa Clara County offers most felony defendants, except for defendants facing gang related charges or a Three Strikes case a conference prior to the preliminary hearing where the defense lawyer, district attorney and judge discuss a resolution of the case, i.e., plea bargains. In a non-drug related felony case, this conference is typically called an Early Resolution Conference ("E.R.C."). In a drug related felony, this conference is typically called a Felony Advance Resolution ("F.A.R.").
If the two sides cannot reach an agreement, then the defendant's case will confirm for a preliminary hearing. At the preliminary hearing, the District Attorney must present evidence to convince the court that there is probable cause to believe that the charged crimes in the Complaint have been committed. Following the presentation of that evidence, the court may either hold the defendant to answer on some or all of the charges or not hold the defendant to answer on some or all of the charges. Even if the court holds the defendant to answer on some or all of the charges, the court may still reduce a felony offense to a misdemeanor offense if the charged crime is a "wobbler," i.e., can be charged as either a felony or a misdemeanor.
In the event that the defendant is held to answer, the defendant will be arraigned in the superior court on the charges. The arraignment in the superior court is similar to that in the court below, except for the fact that the defendant now has the right to have a speedy trial within 60 calendar days of the arraignment. In Santa Clara County, like most other counties, a defendant will be offered (usually upon request) a Readiness Conference prior to trial. This Readiness Conference works similarly to an E.R.C. or F.A.R. date. If the parties cannot reach a resolution of the case at the Readiness Conference then counsel will confirm for trial and appear on the Master Trial Calendar for assignment to a trial department.
The process described above is just the tip of the iceberg in terms of understanding the process of defending a criminal case in Santa Clara County. To fully understand your rights, contact San Jose criminal lawyers, Ahmed & Sukaram, Attorneys at Law today.
San Jose Misdemeanor Charges
Amongst the most commonly prosecuted misdemeanors in the Santa Clara Hall of Justice in San Jose are driving under the influence ("DUI" or "drunk driving"), minor drug offenses, battery, petty theft, driving without a valid license, disturbing the peace, and trespass. If you have been arrested for these offenses or any other misdemeanor offenses, such as domestic violence or identity theft, you have the right to have a speedy trial. If you are out of custody you have the right to a trial within 45 days of your arraignment. If you are in custody you have the right to a trial within 30 days of your arraignment. Depending upon your custody status and the nature of the charges and evidence against you it may or may not be best to insist upon or waive your right to a speedy trial.
To being preparing your most effective defense contact San Jose criminal lawyers, Ahmed & Sukaram today for a consultation regarding your case.