About The Nieves Law Firm — Criminal Defense San Jose, California
The Nieves Law Firm Criminal Defense Attorneys provides criminal defense San Jose representation from an office serving Santa Clara County and surrounding areas. Founded in 2012, the firm brings over 96 years of cumulative experience in California courts, with a track record of assertive advocacy across DUI, domestic violence, drug offenses, theft crimes, restraining orders, contempt proceedings, and post-conviction relief. Criminal matters in San Jose are handled at the Santa Clara County Superior Court’s Hall of Justice at 201 West Mission Street — one of California’s largest criminal divisions. Reach the San Jose office at 408-528-2695 for a free confidential consultation. Browse criminal defense attorneys nationwide on ReachAttorneys.
Each case is approached with detailed preparation and a defense strategy tailored to the specific facts rather than a standard playbook. The firm’s depth across multiple criminal charge types means clients charged with a mix of offenses — for example, DUI combined with a restraining order violation — have counsel who understands the full landscape of their exposure.
What Clients Say
San Jose clients describe The Nieves Law Firm as approachable and direct about case reality — attorneys who explain the actual likely outcomes rather than overpromising. Reviewers highlight the firm’s swift action when charges first appear, which matters in a county court system where early intervention can shape bail conditions, diversion eligibility, and charge reduction opportunities before a case is fully set for trial.
Criminal Defense San Jose — Practice Areas & Services
- DUI Defense: Challenging chemical test results, field sobriety procedures, and officer conduct in Santa Clara County DUI cases.
- Domestic Violence: Defending against domestic violence charges and contested restraining orders in San Jose courts.
- Drug Offenses: Handling possession, distribution, and transportation charges — including Fourth Amendment suppression motions.
- Theft Crimes: Representing clients facing petty theft, grand theft, burglary, and robbery charges in Santa Clara County.
- Post-Conviction Relief: Pursuing expungements and record sealing for eligible clients with prior California convictions.
Frequently Asked Questions
Where are criminal cases heard in San Jose?
Criminal matters in San Jose are handled at the Santa Clara County Superior Court Hall of Justice at 201 West Mission Street, San Jose, CA 95110 — the county’s primary criminal courthouse. Drug Court and specialty diversion programs are administered through the Family Justice Center at 201 North First Street. Arraignments for in-custody defendants occur within 48 hours of booking on weekdays.
Is diversion available for first-time drug offenders in Santa Clara County?
Yes. California Penal Code §1000 allows eligible defendants charged with simple drug possession to complete a diversion program and avoid conviction entirely. Santa Clara County also has an active drug court program for defendants whose offenses are tied to substance dependency. Successful program completion results in dismissal of charges — a significant outcome for clients whose employment or immigration status depends on a clean record.
What happens at a restraining order hearing in San Jose courts?
Temporary restraining orders (TROs) in domestic violence cases are typically issued ex parte — without the respondent present — and are followed by a hearing within 21 days. At that hearing, both parties can present evidence and witness testimony before a Santa Clara County judge rules on whether to extend the order for up to five years. Violating a restraining order is a criminal offense under California Penal Code §273.6, carrying up to one year in county jail.
Quick Facts: Criminal Defense in San Jose, California
- Santa Clara County Crime Report (2024): The county’s 2024 Annual Crime Statistics report tracks arrest data across all law enforcement agencies, available through the DA’s Crime Strategies Unit — Santa Clara County District Attorney
- California DUI Serious Injuries (2024): Over 1,329 serious injury or fatal accidents in California involved DUI drivers — the charge most frequently handled by criminal defense attorneys — California Office of Traffic Safety / SWITRS
- Drug Diversion Outcomes: California’s Penal Code §1000 drug diversion programs result in charge dismissal for eligible first-time offenders who complete treatment — making early legal representation critical to accessing these programs — California Penal Code §1000


