Criminal Defense
Based in San Jose · Serving Santa Clara & Alameda Counties
Vijay Law represents people accused of crimes from the most serious felonies to misdemeanor charges. We work to prevent filing, dismiss filed cases, and try the case when trial is necessary.
About Criminal Cases In California
A criminal arrest in California is the start of a process that can end in dismissal, plea, or trial. The decisions made in the first days after arrest often shape the entire case. The window between arrest and the filing decision is the highest-leverage moment in many criminal cases. Vijay Law represents clients across the full range of criminal charges in Santa Clara and Alameda Counties, from misdemeanor offenses to the most serious felonies, with a practice built around criminal defense as its first and core discipline.
WHAT'S AT STAKE
Jail or Prison Time
Varies By Charge, But Every Criminal Case Carries Custodial Exposure
Professional Licenses
Disclosure Requirements And Discipline Across Many Professions
Permanent Criminal Record
Convictions Cannot Be Sealed And Follow You Indefinitely
Reputation
Arrests And Charges Become Public Records Even Before Conviction
Immigration Consequences
Denial, Green Card Complications, And Deportation Exposure
Employment
Background Checks, Security Clearances, And Career Impact
Custody And Visitation
Criminal Convictions Affect Family Court Proceedings
Civil Consequences
Restraining Orders, Civil Suits, And Restitution Obligations
How Vijay Law Approaches Criminal Defense
Explore Criminal Defense Topics
Frequently Asked Questions
What happens after a criminal arrest in California?
After arrest there is booking which involves the taking of one’s fingerprints and mugshot, then potential release on citation or bail, followed by arraignment. If the arrestee is released on a citation or bail (and does not remain in custody) the timing of the first hearing (arraignment) will depend on the county. Some counties routinely set out of custody arraignments within 1-2 weeks while in other counties, the arraignment won’t take place for 2 months or longer after the arrest. The District Attorney reviews the case following arrest to determine if the case will be filed in court which can take from anywhere from days to weeks. The pre-filing window is the highest-leverage moment in many criminal cases.
Can a criminal case be prevented from being filed?
Yes. Pre-filing representation can affect the District Attorney’s filing decision. Presenting mitigation and exculpatory evidence, addressing witness issues, and identifying other evidentiary problems to the prosecutor is very important at this stage of the case. Not every case can be prevented from being filed, but many can. Many defense lawyers do not actively pursue pre-filing representation; Vijay Law does.
How can a criminal case be dismissed?
Multiple dismissal pathways exist. These include motions to suppress under California Penal Code Section 1538.5, lack of probable cause, evidentiary insufficiency, prosecutorial misconduct, witness unavailability, PC 1385 dismissal in the interest of justice, and completion of diversion programs. Most criminal cases are not won at trial; they are won through investigation, motions, negotiation, and thorough preparation for trial (so that the case will be dismissed before trial).
Will I go to jail for a first offense?
t depends entirely on the charge and the facts. Many first-offense misdemeanors resolve without any custody (jail). Felonies and serious misdemeanors carry real custody exposure. Diversion programs are available for many first-offense cases that allow dismissal without conviction or custody.
Can a criminal charge be reduced or dropped?
Yes. Reductions – wobbler felony to misdemeanor, misdemeanor to infraction – and outright dismissals happen routinely with proper criminal defense work. Charges are dropped when the evidence is insufficient or when the case has procedural or evidentiary problems that a competent criminal attorney can surface.
Client Testimonials
Serving Client's Throughout The Bay Area
Vijay is a thorough gentleman. He listened to me like a counselor would, then shared his acumen in the best possible language. I felt safe and much better by merely knowing my legal options and rights.
Hand down the best lawyer with a wide range of experience from immigration to litigation.
Vrushali P.
Thank you so much from the bottom of my heart. The way Mr.Vijay handled the case from explaining the details to me, filing motions with all the details included, and email communication between you and DA was outstanding.
We were very much worried about my life the way the case was leading too. But, everything was handled by you smoothly and professionally. My family and I are so grateful to you. It exceeded beyond our expectations. Thank you so much sir again for everything you did in this case.
SS S.
Vijay is a knowledgeable and helpful attorney. He was there for me and helped me through a difficult incident. He was able to work with the prosecutor and I received a favorable outcome. Mr. Dinakar communicates with his clients, tells them the possible outcomes, and delivers results. Do your research, he is reputable around town and is a straight shooter. 5 stars for Vijay and his firm. He’s one of the better CD lawyers in SJ and I value his help and support. Don’t look for anyone else, hire Vijay for your legal needs.
Moe M.
I had 2 felonies charges regarding insurance fraud claim. My Naturalization(citizenship) petition was on hold due to felonies. I met Vijay regarding my case. His first free initial consultant is very transparent. So I hired him. He understands the important of immigration consequence with criminal charges & impact on professional career.
Vijay was so patient enough; he took multiple court dates to resolve case in my favor. He communicates very clearly. He also wrote multiple letters to submit my status to keep alive my naturalization petition in USCIS.
Finally, my 2 felonies charges dismissed & converted into Infraction charge. My naturalization petition approved & got citizenship certificate.
He is very responsive & also available to discuss during late evening & weekend. He is very friendly, professional & detail orientated. I would highly recommend him for criminal case.
Krunal B.
I don’t know how to say thanks to Vijay.
Before I came to him I had hired two other attorneys, and trust me those behaved like the gang mans. Nice at the beginning to get the money and stated playing with the matter to see it gets worse so that they can milk you more (just like the drug dealers does).
I strongly suggest you should try Vijay if you have already troubled by other attorneys like my case or in fact he better be your first attorney in any case. You can only compare him with others only if you had hired others before.
Judy J.
First of all we are very happy to have identified Vijay for our case. He is such a brilliant and skilled attorney and particularly man of actions. His sincerity in following up case to completion was speedy and commendable. Would definitely recommend him as he is very approachable and friendly.
Shrivi
Vijay Dinakar is BY FAR THE BEST LAWYER I’ve ever seen. I need more than 5 stars to express my gratitude to Vijay. He is the ideal lawyer you expect from watching movies. He is very knowledgeable and more important than that, he is a hard worker. I value more his work attitude because independently of the outcome, I believe he is working very hard in my case, and as a result he will win my case. He is a winner!
Eugenio P.
I have worked with many lawyers but he is by far the best in the business. He got my case completely dismissed !! I am glad to have consulted him..
Puneet R.
I am glad that I approached Vijay to help me with my DV case. He is a good person, very knowledgeable, logical and has a calm but a rational approach. He was very strategic and focused on the relevant points. He was sharp, impactful and picked up important cues during the trial and strongly advocated for me in the court. Although the prep for my case was very last minute, he was great. Me and my family are very grateful to him, for helping me out in a very stressful time. I would certainly recommend him to friends and family.
Niyati
Excellent hardworking lawyer.
I am grateful for the outcome produced by Mr. Vijay after hearing in my domestic violence restraining order trial. Vijay is a very knowledgeable attorney who provides so thorough answers to questions. He talked nonstop for over one hour explaining all possibilities that I would face. I felt hopeless at the time that I will have immigration problems but I am surprised when I am told by Vijay the case would not be filed in criminal court. Then Vijay helped with the family restraining court. This case went on for too long because but finally we did trial and I had many texts that proved the lies and plan. Vijay is confident in court and we had planned and won. Hopefully, nobody gets into these terrible cases but a good attorney can help you out of it.
S. Kim
HIGHLY RECOMMEND for an extremely satisfying representation
Providing 5-star and saying Mr.Vijay Dinakar is a good attorney would still be an understatement considering many 10/10 positive reviews and his excellent representation in my case. I write this review hoping it would help someone like me who has spent hours checking reviews online, consulting many attorneys while trying to hire a good one and finally found the best. I have known attorney Vijay Dinakar for over one and a half years now. He did what he promised me in my complicated case involving several other cases. In fact, Vijay Dinakar’s aggressive representation in the court room ensured more than a favorable result. I couldn’t be any happier about going with this law firm. He is non-judging, very patient and composed which helped in dealing with the emotionally draining legal case. While I cannot divulge the details of my case, I can say that Vijay Dinakar got me an excellent victory giving me an edge over the opponent in my other cases. Thanks to his outstanding representation. He is one of those rare attorneys who does not file anything we ask for by taking Fee. He is very ethical and always did what was right and favorable to the client. He is easy to reach and always available to answer my questions. With my experience as a client, I would just say to keep calm and trust Vijay Dinakar. He has always stayed on top of things. Highly responsive Reachable – Always, through mail/text/phone call Fee – Very reasonable. He has put more efforts and time towards my case than the Fee he charged me. All the reviews about Vijay Dinakar Law Firm will prove to be true once you have the initial consultation. I HIGHLY RECOMMEND Vijay Dinakar Law Firm to anyone in need of an extremely satisfying legal representation.
Supriya
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