Santa Clara County Criminal Court

Santa Clara County Criminal Court hears all criminal cases in Santa Clara County. Below you will find specific information about criminal cases and how they are handled in Santa Clara County.

Right to Jury Trial

For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.

Where can I get help for my Santa Clara County criminal case?

The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Santa Clara County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.

Santa Clara County Criminal Court

Santa Clara County Criminal Court

Right to an attorney

The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Santa Clara County a public defender will be appointed by the judge if you cannot afford private representation.

Burden of Proof

The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.

Can I request a Plea Agreement?

In Santa Clara County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.

If guilty, who sentences the defendant?

If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.

Santa Clara County Criminal Court locations

Criminal proceedings take place in the Santa Clara County Criminal Courts. A list of the criminal courts are located here.

Appealing a Criminal Conviciton

A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.

Santa Clara County Required Court Appearances

In Santa Clara County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.

Who is the prosecutor for Santa Clara County?

Depending upon the case, the prosecutor for Santa Clara County criminal cases will either be a representative of Santa Clara County or a representative from California. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.

Jury Deliberation

In a jury trial in Santa Clara County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.

Santa Clara County Arraignments

An arraignment is a court hearing. In Santa Clara County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Santa Clara County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Santa Clara County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.

Santa Clara County Criminal Court Locations

  • Santa Clara County Superior Court – Downtown Superior Court

    Address: 191 North 1st Street, San Jose CA 95113
    Phone: 408-882-2100

  • Santa Clara County Superior Court – Family Courthouse

    Address: Mailing: 191 North 1st Street, San Jose CA 95113
    Phone: 408-534-5600

  • Santa Clara County Superior Court – Hall of Justice

    Address: Mailing: 191 North 1st Street, San Jose CA 95113
    Phone: 408-808-6600

  • Santa Clara County Superior Court – Juvenile Justice Courthouse

    Address: Mailing: 191 North 1st Street, San Jose CA 95113
    Phone: 408-808-6200

  • Santa Clara County Superior Court – Notre Dame Courthouse

    Address: Mailing: 191 North 1st Street, San Jose CA 95113
    Phone: 408-882-2900

  • Santa Clara County Superior Court – Old Courthouse

    Address: Mailing: 191 North 1st Street, San Jose CA 95113
    Phone: 408-882-2100

  • Santa Clara County Superior Court – Palo Alto Courthouse

    Address: 270 Grant Avenue, Palo Alto CA 94306
    Phone: 650-462-3800

  • Santa Clara County Superior Court – Santa Clara Courthouse

    Address: Mailing: 191 North 1st Street, San Jose 95113
    Phone: 408-556-3000

  • Santa Clara County Superior Court – South County Courthouse

    Address: 301 Diana Avenue, Morgan Hill CA 95037
    Phone: 408-695-5000

  • Santa Clara County Superior Court – Sunnyvale Courthouse

    Address: Mailing: 191 North 1st Street, San Jose CA 95113
    Phone: 408-481-3500

  • Santa Clara County Superior Court – Terraine Courthouse

    Address: Mailing: 191 North 1st Street, San Jose CA 95113
    Phone: 408-491-4700

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