San Jose Criminal Defense Attorneys

Meet Your San Jose Criminal Defense Team

When your case is in Santa Clara County, you work directly with the attorneys who handle our San Jose cases. Rabin Nabizadeh, Ross Pytlik, and Mario Andrews defend clients at the Hall of Justice in San Jose, the Palo Alto Courthouse, and the South County Courthouse in Morgan Hill. Between them, they bring the perspective of a former prosecutor, a former police officer, and a defense attorney who builds every strategy around long-term consequences.

Rabin Nabizadeh, Founding Partner

Rabin founded Summit Defense and has handled criminal cases in California state and federal courts since 2004. Many of his Santa Clara County clients are not U.S. citizens, so he builds each defense around what a conviction would mean for immigration status, not only the sentence. He earned his undergraduate degree at UCLA and his law degree at UC Hastings, where he was named Best Oral Advocate in moot court, and he speaks Hebrew and Farsi. Recent result: a felony domestic violence case that included allegations of spousal rape was dismissed after the preliminary hearing.

Ross Pytlik

Ross is a former prosecutor with years of experience conducting trials and testimonial hearings, and he now uses that insight to defend clients. Super Lawyers has selected him four times as a Northern California Rising Star. He earned his B.A. in Political Economy from UC Berkeley and his J.D. from Hastings College of the Law, and he taught high school history before practicing law.

Mario Andrews

Before joining the defense side, Mario worked as a police officer, an investigator, and a prosecutor. He reads a case the way police and prosecutors will, which is most valuable before charges are filed, when early advice can shape what, if anything, gets filed. He also served four years on Oakland’s Citizens’ Police Review Board, one of them as chair.

How We Defend San Jose Cases

Santa Clara County prosecutors are experienced and well prepared, so we prepare the same way. From the first call we look for what the police report leaves out: whether the stop, search, or arrest was lawful; whether statements were taken properly; and what video, phone, or witness evidence can be gathered before it disappears.

Because the deputy DA assigned to a San Jose felony usually has real authority to negotiate it, early and direct work with that prosecutor matters. When the DA will not move, we take the case to the judge: a well-prepared request to reduce a felony to a misdemeanor, or for mental health diversion, can change the outcome even over the DA’s objection.

Plea Bargains, Diversion, and Alternative Resolutions

Not every case should go to trial. Not every plea offer should be accepted. The right resolution depends on the facts, the evidence strength, and the consequences you are trying to avoid.

We evaluate plea options so that you understand what you’ll gain from taking a plea or if we feel you should fight in court.

What Are You Actually Pleading To

The charge label matters, but so do enhancements, probation terms, and admissions that can affect future cases.

What the Real Penalties Look Like

“Standard” penalties can change based on your history, the allegation details, and how the court views risk. We explain what is likely, what is possible, and what is worth fighting.

How the Outcome Affects Your Future

Many clients care most about employment, licensing, immigration consequences, or keeping a clean record. We build the strategy around those priorities.

When available, we also explore alternatives like diversion programs or resolutions that reduce long-term damage.

Criminal Defense for Immigrants in Santa Clara County

Santa Clara County is one of the most international communities in the country. According to the U.S. Census Bureau, about 41.5% of county residents were born outside the United States. That includes H-1B and other work-visa holders, green card holders, asylum seekers, and DACA recipients. For them, a criminal case is never just a criminal case. A plea that looks minor in state court can threaten a visa renewal, a green card, citizenship, an asylum claim, or DACA, and in some cases it can lead to removal proceedings.

What’s at Stake

H-1B and other work visas. An arrest or conviction can come up at visa renewal, consular processing, or reentry, and can put employment-based status at risk.

Green card holders. Certain convictions, including aggravated felonies, controlled substance offenses, crimes involving moral turpitude, and domestic violence offenses, can make a permanent resident deportable or derail naturalization.

Asylum seekers. A conviction for a “particularly serious crime,” which includes any aggravated felony, can bar asylum.

DACA recipients. A felony, a “significant misdemeanor” such as DUI or domestic violence, or three or more other misdemeanors can end DACA eligibility.

Solutions Beyond Dismissal

Dismissal is always the first goal. When it isn’t realistic, the right resolution can still protect your status. California law requires defense counsel to give accurate, affirmative advice about a plea’s immigration consequences. It also requires prosecutors to consider avoiding adverse immigration consequences as one factor in plea negotiations (Penal Code § 1016.3). Depending on the case, options include:

• Immigration-safe pleas: a plea to an alternative offense that doesn’t carry the same immigration consequences as the original charge.
• Careful sentencing: California misdemeanors carry a maximum of 364 days (Penal Code § 18.5), and keeping a sentence under one year can make a critical difference under immigration law.
• A protective record of conviction: controlling what facts appear in the plea and court record so a conviction isn’t later treated as a deportable offense.
• Pretrial diversion: programs that end in dismissal without a guilty plea, which can avoid a “conviction” for immigration purposes.
• Fixing past convictions: motions to vacate convictions entered without proper immigration advice (Penal Code § 1473.7).

In our experience, the Santa Clara County District Attorney’s Office is more willing than most to weigh immigration consequences in a resolution. We have seen high-BAC DUI cases reduced to a wet reckless when immigration status was at stake, which is why we raise those consequences with the prosecutor early.

Immigration Counsel on Your Defense Team

If you are not a U.S. citizen, your Summit Defense team includes Scott Mossman, a criminal immigration attorney who advises our defense attorneys and clients on the immigration consequences of each possible resolution. Scott is an active member of the American Immigration Lawyers Association, where he serves as co-liaison to Immigration and Customs Enforcement for Northern California, and he previously served three years as AILA’s co-liaison to U.S. Customs and Border Protection. He teaches seminars for other attorneys on creating immigration-safe records of conviction and on dispositions that avoid the immigration definition of a conviction. He graduated in the top 5% of his class at UC Davis School of Law. Learn more about our criminal immigration defense.

Court Locations and Local Logistics in San Jose

Knowing where your case is handled helps reduce uncertainty and missed steps.

Hall of Justice

190 West Hedding Street, San Jose, CA 95110
Many San Jose criminal cases are heard here.

Family Justice Center Courthouse

201 North First Street, San Jose, CA 95113
Certain matters connected to protective orders or family-related criminal allegations may involve this courthouse structure.

Local Jail Facilities

Many people are initially booked through the Main Jail in downtown San Jose. Some custody situations may involve the Elmwood Correctional Facility in Milpitas.

If your loved one is in custody, we can help you understand next steps, including bail, court timing, and visitation limitations.

What You Should Do Right Now if Police Contacted You

A lot of San Jose cases start before an arrest. You may have been contacted by an officer, received a call from a detective, or learned that a report was made.

You need to protect yourself and your loved ones, especially if you feel you are innocent or if you’re worried about getting into more trouble.

Do Not Explain Yourself to “Clear Things Up”

Even truthful statements can be misinterpreted, selectively recorded, or used to fill gaps in a weak case. You can be polite while still refusing questions.

Do Not Consent to Searches

If officers ask to search your phone, vehicle, or home, you can decline. Consent removes important legal protections.

Document What You Remember

Write down the timeline, names, locations, and anything you noticed that seems small. Details fade quickly and can become important later.

Call a Defense Lawyer Before It’s Too Late

Early intervention can influence whether charges are filed, what charges are filed, and what conditions are imposed.

Frequently Asked Questions About San Jose Criminal Defense

Do I have to go to court for a San Jose criminal case?

Most cases require at least one appearance. Depending on the charge and the court, an attorney may be able to appear on your behalf for certain hearings, but some appearances require you to be present. We tell you what is required for your specific case.

What should I do immediately after an arrest in San Jose?

Stay calm, remain silent, and ask for an attorney. Do not discuss the facts of the case with police, other inmates, or over recorded jail calls. Contact a defense lawyer as soon as possible so the defense can start early.

What is the difference between a misdemeanor and a felony in California?

Misdemeanors generally carry lower maximum penalties than felonies, but they can still result in jail time, probation, fines, and a record. Felonies carry higher exposure, can include prison time, and may create additional long-term consequences. Some offenses can be charged either way depending on the facts.

Can my charges be dismissed?

Dismissal is possible in cases involving weak evidence, witness problems, legal violations, or failure to prove all elements of the charge. No attorney can promise a dismissal, but early investigation and motion practice can create opportunities to challenge the case.

Should I talk to the police if I am innocent?

In most situations, no. Innocent people can still be charged based on misunderstandings, incomplete facts, or misinterpretation of statements. You can assert your right to remain silent and request an attorney.

How long do criminal cases take in Santa Clara County?

It depends on the case, but San Jose moves more slowly than many people expect. After a fresh arrest, the first court date is often 60 days or more away (about 30 days when a warrant issues on a case the DA has already filed), and misdemeanor pretrial hearings are often about three months apart. Felonies can take longer. We can give you a clearer estimate after reviewing your charge and court assignment.

How much does it cost to hire a criminal defense attorney in San Jose?

Cost depends on the charge, complexity, and whether the case is likely to involve motion practice or trial preparation. Summit Defense offers free consultations and will explain fees and payment options after understanding your situation.

What if I cannot afford a private attorney?

If you qualify, the court can appoint a public defender. Public defenders are often skilled, but they may be managing very heavy caseloads. If you are unsure what is best for you, we can discuss options during a consultation.

Will an arrest show up on a background check?

Depending on the type of background check and the status of the case, an arrest and court record may appear. Outcomes like dismissal or later record relief may change what shows up, but it depends on the circumstances.

Can I travel while my case is pending?

It depends on your release conditions. Some cases include travel restrictions or require permission. Violating conditions can create new problems, so it is important to confirm before making plans.

What happens if I miss a court date in San Jose?

Missing court can result in a bench warrant and additional penalties. If you missed a date or think you might miss one, contact an attorney immediately so steps can be taken to address it quickly.

What if this is my first offense?

First-time defendants may be eligible for more favorable outcomes depending on the charge and facts, including reduced charges, diversion, or alternative sentencing. We focus on protecting your record and minimizing long-term consequences.

Call Our San Jose Defense Attorneys for a Free Consultation

If you are facing criminal charges or under investigation in San Jose, you don’t have to navigate the process alone. Summit Defense will help you understand what’s happening, what matters most right now, and how to protect your future.

Our experienced San Jose criminal defense attorneys are ready to fight for your rights and guide you every step of the way. Early legal intervention can make a critical difference in the outcome of your case.

Call (408) 333-9622 to speak with a San Jose criminal defense attorney during a free, confidential consultation.

Courts That Handle Criminal Defense Cases In San Jose, Ca

Jails In San Jose CA

How Santa Clara County Prosecutes and Resolves Criminal Cases

Where your case is filed can matter almost as much as the facts. Jeff Rosen has led the Santa Clara County District Attorney’s Office since 2011 and was re-elected in June 2026. It is a talented, well-staffed office, and it is organized differently from most of its neighbors.

Who makes the offer. In San Jose, the deputy district attorney assigned to a felony case, especially a sex case, has wide discretion to negotiate a resolution directly. That is unusual: in most other counties a supervisor or expediter controls every offer. On the misdemeanor trial teams, line deputies have far less discretion, and resolutions come from a specific supervisor.

Reducing a felony. The District Attorney’s Office rarely agrees to reduce a felony to a misdemeanor under Penal Code section 17(b), and that is true in most counties. Santa Clara County judges, however, often will, and a misdemeanor opens the door to misdemeanor diversion. A judge can now consider that request before the preliminary hearing, so the quality of the pitch to the court matters.

Mental health diversion. The DA objects to mental health diversion as a matter of course. Even so, we have been very successful winning it for clients under Penal Code section 1001.36.

Mental health diversion changes on January 1, 2027. Assembly Bill 46, signed June 29, 2026, rewrites parts of Penal Code section 1001.36:

• A recent diagnosis. The defense must show a diagnosis of, or treatment for, a qualifying mental disorder by a qualified mental health expert within the last five years.
• A new safety test. Today a judge asks whether the person would pose an “unreasonable risk of danger to public safety,” a standard tied to a short list of the most serious offenses. Under AB 46 the question becomes whether the person would pose a “substantial and undue risk to the physical safety of another person,” and the judge may weigh the treatment plan, the person’s violence and criminal history, and the current charge.
• A clinically appropriate plan. The mental health expert must find that the proposed diversion plan is clinically appropriate to address the symptoms that caused, contributed to, or motivated the offense.
• Reasons on the record. A judge who denies diversion must state the reasons on the record.

Diversion still lasts up to two years for a felony and one year for a misdemeanor, and successful completion still ends in dismissal. If mental health diversion may fit your case, talk to us before the new rules take effect.

Immigration consequences. In our experience, the office gives more weight to immigration consequences than most. We have seen high-BAC DUI cases resolved as a wet reckless where a client’s immigration status was at stake.

Out-of-county defendants. In our experience, the office takes a harder line with people who live outside Santa Clara County and are arrested here. If you live elsewhere, that is a reason to bring in local counsel early.

For a county-by-county comparison, read our analysis of how sentencing varies across the Bay Area.

Areas We Serve in Santa Clara County

At Summit Defense, our criminal defense attorneys represent clients throughout San Jose, Santa Clara County, and nearby South Bay communities, including: