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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

Criminal Defense First
Vijay Law was founded by Vijay Dinakar, who began his career as a public defender and worked his way up to handling the most serious criminal cases — including homicides, gang shootings, and sex crimes. Vijay Law represents clients across the full range of criminal offenses, from DUIs and hit-and-runs to domestic violence and murder.
Pre-Filing Intervention
The window between arrest and the filing decision is often the highest-leverage moment in a criminal case. We work in that window by contacting prosecutors, presenting mitigation, and addressing witness issues to prevent filing whenever the facts allow it.
Dismissals Before Trial
Most criminal cases are not won at trial. They are won through motions, negotiation, and the realities of the prosecution — credibility issues, evidentiary problems, lack of corroboration, and case-by-case calendar pressure. We pursue dismissal aggressively before any plea is discussed.
Trial-Ready In All Cases
When a case must be tried, it is tried with the full preparation of a criminal jury trial, including witness preparation, cross-examination strategy, and motions practice rooted in over 18 years of trial experience. Cases often settle right before trial on very favorable terms when the prosecution realizes they will lose at trial.

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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.

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.

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).

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.

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.

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Phone Number: (408) 275-2307

Office: 255 North Market Street, Suite 280, San Jose, CA 95110

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