38 Years of Criminal
Law Experience
Law Experience
San Jose and Santa Clara County Criminal Defense Lawyer
Defending Your Rights
The Waite Law Firm is San Jose criminal attorney Peter Waite. I represent adults charged with crimes in the Santa Clara County area and the firm is located in downtown San Jose California. I have practiced law for over 42 years, and prosecuted criminal cases for 38 years. As a deputy District Attorney I handled a wide range of criminal cases from infractions, misdemeanors and felonies such as domestic violence, assaults, thefts and serious crimes up to and including death penalty trials. I am known for my dedication, expertise and commitment to the client.
Criminal Defense
Criminal convictions can have a devastating impact on a person’s freedom and future opportunities. Many people who have been arrested and charged with a crime may feel, quite naturally, intimidated and that a conviction is inevitable. But the State of California requires proof beyond a reasonable doubt of guilt, a very high standard. An accused does not have to prove their innocence, there may be legal defenses. For example, if the police did not follow proper procedures in making a search or a stop, there may be a violation of constitutional rights that makes evidence inadmissible. In other cases an affirmative defense may exist that justifies a defendant’s actions. Even if a dismissal is not available, a lesser charge or penalty may be quite possible. Each case is unique and an experienced San Jose criminal attorney is needed to know how to best proceed.
Drug Cases
Drug offenses range from infractions and misdemeanors, up to felonies, which can lead to prison sentences. The type of charge often depends on the alleged behavior, the type of drug, and the amount. For example, mere possession of a drug for personal use may be a misdemeanor, while a sale or possession of lots of drugs – that is, so much it is likely for purposes of sale – will more likely bring a felony charge. But the initial charge and the proposed penalty can be subject to negotiation with the District Attorney and/or the court.
Restraining Orders
In a family dispute or domestic violence case one side, or both sides, may seek a court order (including an EPRO, a TRO, etc.) restraining the other side from specific conduct such as verbal or physical harassment and/or violence. That may mean limited or no contact with the other side and one’s own children. If this is the situation you must make your case to the court in a written response and/or a court hearing.
There are also restraining orders issued in many other situations, such as civil harassment, gun cases, elder abuse, workplace violence. You will likely do better in presenting your side with an experienced attorney representing your interests.
Contact Me
If you are charged you should generally get an attorney as soon as possible. I can explain the legal process, advise you of your rights and present a defense if it applies. I can also negotiate a settlement to reduce the charges and any penalties, and present your side to the court.