San Jose Criminal Defense Attorney

Whether you have been arrested for driving under the influence (DUI), drug crime, or domestic violence, a conviction can lead to severe consequences, such as jail or prison time, costly fines, and a criminal record that can haunt you forever. In order to avoid serious criminal penalties, you must hire an experienced criminal defense attorney to fight for the best possible outcome in your case.

Since 1985, Attorney Steven H. Nakano has provided strategic and personalized legal solutions to clients in San Jose and Santa Clara County. He only takes a few cases at a time to give each client the attention, commitment, and justice they deserve. Not only does Attorney Nakano know what it takes to get the most favorable results inside and outside the courtroom, he also cares about getting his clients the necessary help to change their lives for the better. Steven H. Nakano, Attorney at Law is ready to protect your rights and freedom.

What Does A Criminal Defense Attorney Do?

A criminal defense attorney, often simply referred to as a defense attorney, plays a crucial role in representing individuals who are accused of committing criminal offenses. Their primary responsibilities include:

• Legal Consultation: Defense attorneys provide legal advice and counsel to their clients. They explain the charges, potential consequences, and legal options, helping the accused make informed decisions about their case.
• Case Assessment: They thoroughly review the facts and evidence related to the case, assessing the strengths and weaknesses of the prosecution's case. This evaluation helps in developing an effective defense strategy.
• Defense Strategy: Based on their case assessment, defense attorneys develop a strategic plan for the defense. This may involve challenging evidence, questioning the legality of arrests or searches, identifying witnesses, and determining the best course of action, such as negotiating a plea deal or going to trial.
• Legal Research: Defense attorneys conduct extensive legal research to identify relevant statutes, case law, and legal precedents that can support their defense strategy. This research helps them build persuasive arguments in court.
• Court Representation: Defense attorneys represent their clients during court proceedings, including pre-trial hearings, arraignments, and trials. They present legal arguments, cross-examine witnesses, make motions, and ensure that their clients' rights are protected.
• Negotiation with Prosecution: Defense attorneys often engage in negotiations with the prosecution to explore the possibility of resolving the case through a plea bargain. They may negotiate for reduced charges or lighter sentencing in exchange for a guilty plea.
• Witness Preparation: If there are witnesses who can testify on behalf of the accused, defense attorneys prepare them for court appearances, ensuring they provide accurate and credible testimony.
• Evidence Gathering: In some cases, defense attorneys may hire investigators or experts to gather additional evidence, conduct forensic analysis, or challenge the prosecution's evidence.
• Sentencing Advocacy: If their client is found guilty or pleads guilty, defense attorneys advocate for a fair and reasonable sentence. They may present mitigating factors, such as the defendant's remorse or rehabilitation efforts, to influence the sentencing decision.
• Protecting Client Rights: Throughout the legal process, defense attorneys ensure that their clients' constitutional rights, such as the right to remain silent and the right to legal representation, are protected. They work to prevent any violations of these rights.
• Post-Conviction Actions: In the event of a conviction, defense attorneys can continue to represent their clients by filing appeals, seeking post-conviction relief, or challenging the legality of the conviction or sentence.

In summary, a criminal defense attorney serves as an advocate, legal strategist, and protector of their clients' rights within the criminal justice system. Their primary goal is to ensure that their clients receive a fair legal process and to achieve the best possible outcome for their case, whether that involves acquittal, reduced charges, or a fair sentencing decision.