Criminal defense attorney fees in San Jose vary based on the complexity of your case, the attorneys experience, and whether your case goes to trial. Misdemeanor cases typically range from $2,500 to $10,000, while felony cases can cost $10,000 to $50,000 or more. Most attorneys offer free initial consultations and may provide payment plans.

You have the constitutional right to remain silent and to have an attorney present during questioning. Exercise these rights. Politely decline to answer questions beyond providing basic identification and state that you want to speak with an attorney. Anything you say can be used against you.

Case timelines vary significantly. A straightforward misdemeanor might resolve in 2-4 months, while complex felony cases can take a year or longer. Factors affecting timeline include case complexity, court scheduling, whether the case goes to trial, and negotiation processes.

In California, misdemeanors are less serious crimes punishable by up to one year in county jail and fines up to $1,000. Felonies are more serious offenses that can result in state prison sentences exceeding one year. Some offenses are wobblers that can be charged as either, depending on circumstances.

Many California convictions can be expunged under Penal Code 1203.4, allowing you to legally state that you were not convicted of that crime for most purposes. Eligibility depends on completing probation successfully and the type of offense. Certain serious crimes cannot be expunged.

An arraignment is your first court appearance after being charged. At this hearing, the judge reads the charges against you, you enter a plea (typically not guilty at this stage), and bail is addressed. Having an attorney at your arraignment is important because they can argue for lower bail or release on your own recognizance.