Criminal Defense

Arrested or Convicted?

Call an Aggressive San Jose Criminal Defense Lawyer

If you are convicted of a criminal offense, your life can change in an instant. Not only do you face life-altering consequences, like fines and jail time, but your family and friends may also suffer. Since you face limitations to your freedom, you may be unable to drive to work or participate in everyday events. Additionally, you can miss out on future opportunities. Criminal convictions can result in you becoming ineligible for financial aid and government programs. As a result, you can easily become trapped in a cycle of substandard employment and education. If you believe you are under investigation or have been arrested, then contact a San Jose criminal defense lawyer for help.

At the Law Offices of Richard Wingerden, we believe that you deserve to have your rights protected. Since 2001, we have aggressively defended people with reliable and effective defense strategies. Our success stems from our attention to detail and personal approach. As a result, our San Jose criminal defense lawyer has the experience and resources necessary to help with your case. We understand how serious your charges can be and how much is at stake. Thus, we fight for you to avoid trial or, if necessary, fight for a fair trial.

When Do You Need a Criminal Defense Lawyer?

Usually, most people believe they need a defense attorney only after they are arrested. Depending on the circumstances, this can work against your best interests. For example, if you discover you are under investigation, you should contact a criminal defense attorney. The longer you wait, the more likely that favorable evidence will disappear. Due to California’s three strikes law, it is in your best interest to aggressively protect yourself. If you have been arrested, do not panic. Our San Jose attorney can help build a strong defense in a wide variety of charges, including:

  • Misdemeanor and Felony: Even a misdemeanor conviction can involve jail time. Our criminal defense attorney can work to reduce felony charges and expunge your record.
  • DUI Charges: Being intoxicated can increase penalties for almost any charge. We can challenge sobriety tests, DUI with injury claims and drunk in public allegations.
  • Theft: Prosecutors will try to establish intent in most theft cases. We can challenge claims of grand theft, auto theft, burglary and other allegations.
  • Drug Offenses: A drug conviction can make you ineligible for financial aid and government programs. We defend possession, paraphernalia possession, distribution and other charges for any drug.
  • Probation and License Violations: Unfortunately, driving with a suspending license can have a big impact on your future. If you are on probation, then almost any allegation can result in severe penalties.
  • Sex Crimes: Allegations of sexual battery, molestation and rape can ruin your life. We use every resource available in your defense.

What Are Your Rights After Arrest?

Law enforcement officers may pressure you to speak about your arrest. However, it is important to remember that you can and should use your fifth amendment right to remain silent. Prosecutors will use anything you say against your best interest. As a result, you could increase the evidence against you in a criminal trial. To mitigate risk, you should be polite when speaking with law enforcement and only ask them a couple questions. First, ask if you are under arrest. Then, ask to contact a San Jose criminal defense attorney.

Many people believe that if they are arrested and not read their rights, then they can avoid a conviction. Unfortunately, this is not true. However, if the police fail to read your Miranda rights, then the prosecutors cannot use what you say during arrest against you. Alternatively, you may not be arrested, but detained. If this is the case, the police can hold you for 24 hours. If the allegations against you are serious, like a murder charge, you can be held for up to 96 hours. Afterward, law enforcement must release you or charge you with a crime.

However, even if you were released due to a technicality like this, you should still contact a criminal defense lawyer as soon as possible.

Criminal Charges? Contact a San Jose Criminal Defense Lawyer for a Free Consultation

If convicted, you can face severe penalties and/or a prison sentence. These penalties can follow you for the rest of your life, tarnishing your name. Additionally, you can be limited in your ability to find future employment. Since so much is at stake, you deserve a lawyer that will protect your rights and your future.

At the Law Offices of Richard Wingerden, we believe in second chances. Our law firm knows that sometimes good and hardworking people find themselves in unfair situations. Due to this, we can focus on an aggressive defense that protects your best interests. Ultimately, our San Jose criminal defense attorney works to make your resolution as quick and favorable as possible. Contact us online or call our office at (408) 564-5870 to schedule a free consultation.