◈ Homepage — http://www.bayareadefenseattorney.com/Advocacy Is One Call Away 408-898-9770 Protecting & Defending Your Rights  Criminal Defense Attorney in San Jose When you have been unjustly accused of a crime, you need an aggressive and affordable attorney to advocate on your behalf Free Consultation San Jose Criminal Defense Attorney Facing criminal charges can be very frightening. The criminal case process is often confusing, and the future may seem alarmingly uncertain.  At the Law Offices of Thomas Nicholas Cvietkovich, we understand the seriousness of every criminal case and recognize the importance of an aggressive, skilled defense. Choosing the right San Jose criminal defense attorney is vital to protecting your freedom and future.  As a premier criminal defense law firm in Santa Clara County, CA, the Law Offices of Nick Cvietkovich is committed to providing clients with the highest quality legal representation, no matter what they encounter in or out of court.  Our trial-experienced criminal defense attorneys' attention to each case helps ensure clients have a defense resolution tailored to their unique needs to protect their legal rights and represent their best interests.  Our San Jose criminal defense attorney is ready to help protect your rights. To schedule your free initial consultation, contact our criminal attorney in San Jose at (408) 898-9770 today. You Deserve an Advocate Free & Confidential Consultations First Name Last Name Phone Email Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. How can we help you? By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy Send Message Meet Our Dedicated Criminal Defense Team Asserting a strong defense against criminal charges requires a legal professional with experience.  Every criminal case involves unique details and circumstances, so a good criminal attorney will adopt a defense strategy to fit your particular case.  Nick Cvietkovich is a San Jose criminal defense lawyer who has handled thousands of cases in his career.  Each of these has contributed to his knowledge and understanding of the criminal justice system.  He can use his practical experience together with an unrivaled sense of commitment to provide you with the quality defense you deserve. Thomas Nicholas Cvietkovich PARTNER Daniel Lofgren ASSOCIATE Josselyn Thomas 1 / 2 Our San Jose Attorneys Take on an Array of Legal Matters Our criminal defense attorney in San Jose has the skills and experience to handle all types of criminal charges, including: Assault: Attempting to injure another person. Domestic violence: This involves abusing or threatening to abuse a family or household member. Drug crimes: This consists of drug possessing, manufacturing, distributing, or trafficking controlled substances, among other illegal conduct involving drugs. DUI: DUI charges are levied upon those operating a motor vehicle while under the influence of drugs and/or alcohol. Fraud: These crimes occur when someone uses deception to unlawfully obtain money, property, or services. Gun crimes: Various state and federal laws prohibit conduct such as unlawfully possessing a firearm or conceal carrying a gun without a permit. Juvenile crimes: These involve criminal offenses committed by persons under 18 years of age. The criminal cases are often processed through juvenile court. Sex crimes: This term refers to a range of criminal offenses, such as rape, statutory rape, Internet sex offenses, child pornography, and prostitution and solicitation. Theft crimes: These criminal offenses consist of unlawfully taking the property of another person or entity. White collar crimes: Generally, these criminal offenses occur in the business or government sectors and involve someone unlawfully taking or using property entrusted to them. “Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.” “No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you.” “Nick is an excellent attorney who really cares for his clients and knows what he is doing. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end.” “I hired one of his associates a couple of years ago like 4 or 5 years ago. Best help I got. I Am so thankful and Mr. Nick inspired me to pursue a career in law firm.” “Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney.” 1 / 5 Read More Testimonials Your Criminal Case Is Important to Us In a California misdemeanor or felony case, you need a criminal defense attorney on your side ready to stand up for you.  At the Law Offices of Thomas Nicholas Cvietkovich, our San Jose criminal defense lawyer does not back down from a challenge. Putting the needs of others ahead of all else, we aggressively defend our clients in and out of court in San Jose.  When you turn to us, we will be your zealous advocates, ensuring that your voice is heard and vigorously challenging the accusations against you. At the Law Offices of Thomas Nicholas Cvietkovich, we provide personalized attention. That means you will receive one-on-one help from a lawyer who knows your criminal case inside and out and understands your goals and needs.  Our criminal defense attorney in San Jose will build a customized defense strategy for you and can explore the legal options for pursuing the best possible result on your behalf. Learn more about how our attorneys can help by contacting us at (408) 898-9770. Have You Been Charged With a Crime? If you have been charged with a crime, you must go through several court processes.  You must also develop a defense to attack the prosecutor’s allegations. Doing this on your own is not easy and could lead to missteps that later hurt your case. Instead of going it alone or getting assistance from an inexperienced lawyer, contact the Law Offices of Thomas Nicholas Cvietkovich.  Our San Jose criminal defense lawyer is very experienced in this field. We are well-versed in California’s laws. Additionally, because we are a small firm, we understand the court in-depth and know the players. Our team is well-respected and can seek results through negotiations with prosecutors or by arguing the case in court. We have a track record of success with past clients. Although previous victories do not guarantee future results, we are committed to doing what it takes for our clients.  Local Knowledge & Experience We are a Northern Californian- founded and run firm giving us unique insight into the court system. Well-Known & Respected Team The attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations. Dedicated & Experienced Counsel Our firm has over 15 years of experience and has successfully handled more than 4,500 cases. Don't Wait! Call Us At (408) 898-9770 for a Free Consultation. We're Here to Protect Your Rights Contact Us Today 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy ◈ Interior Pages — 46 pages crawledHow Evidence From Your DUI Arrest Can Strengthen Your Case Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Blog 2020 February Protect Yourself: ... Prev Post | Next Post Protect Yourself: How To Preserve Evidence In A DUI Case By Law Offices Of Thomas Nicholas Cvietkovich February 28, 2020 When you are stopped under suspicion of DUI, you may expect fair treatment and the benefit of the doubt. Unfortunately, that is not always how it works, especially when it comes to drunk driving. There is significant pressure on law enforcement officers to find intoxicated drivers and on prosecutors to convict them. This means that innocent drivers sometimes get caught in the crosshairs. Arrests continue to increase, although deaths caused by drunk driving crashes have decreased over 33 percent in the last decade. If you are facing DUI charges , you need to preserve important evidence and work with a DUI attorney to fight your charges. Hang on to Receipts Make copies of any receipts from the day and night of your arrest, and keep the originals in a safe place. Receipts may show the following: Where you were throughout the evening Where and when you were drinking When you stopped drinking for the evening Keeping track of where you were throughout the evening allows you to contact bartenders or waiters who may remember serving you. These witnesses might be able to recall whether you appeared impaired. Preserve Dash Cam Footage Many drivers now have dash cams installed in their vehicles. This tool may be able to hold police officers accountable in the following ways by ensuring: Officers follow protocol when performing sobriety tests Officers conduct proper search and seizure procedures when conducting searches It is likely that your dashcam captured footage of your sobriety tests and arrest. Our San Jose DUI lawyer can use this evidence to look for: Inconsistencies in your treatment Whether you appeared impaired when you were stopped Civil rights violations Dashcams often have built-in memory that clears whenever space is needed for new footage. As soon as possible after your arrest, get copies of the data from your dashcam. Then, submit the footage to your attorney. Secure Copies of Medical Reports There are many medical conditions with symptoms that mimic intoxication. For example, low blood pressure may cause fatigue, loss of concentration, poor vision, and nausea. These symptoms are also present when someone is intoxicated. If you have been diagnosed with a condition that can mimic intoxication, it is important to provide medical records to your attorney. If you are stopped for drunk driving when you’re actually suffering from low blood pressure or another condition, get screened as soon as possible. This can maintain evidence of your physical state at the time of your arrest. Get Copies of Police Records It is crucial to verify the accuracy of the police report as soon as possible. The longer you wait to review the evidence against you, the less accurate your memory of the arrest becomes. Your DUI attorney can get a copy of the report and look for any omissions, inconsistencies, or falsehoods. Don’t Wait to Hire a DUI Attorney It is hard to beat drunk driving charges on your own. Taking your chances could cause lifelong negative consequences . For help with your DUI, call our San Jose DUI lawyer at the Law Offices of Thomas Nicholas Cvietkovich. Call us at (408) 898-9770 or fill out our confidential online contact form . Categories:  DUI Prev Post Next Post Related Posts February 04, 2026 Second DUI Offense: What's Different in San Jose? Read More December 30, 2021 Arrested For DUI In San Jose – What Should I Do Next? Read More November 01, 2021 Understanding The Administrative Per Se Law For DUI In California Read More / 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy San Jose Juvenile Crimes Lawyer | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Criminal Law Juvenile Crimes San Jose Juvenile Crimes Lawyer Aggressive Defense Against Juvenile Charges in California  When navigating the complex legal landscape of juvenile crimes in San Jose, you need an experienced and dedicated legal team. At the Law Offices of Nick Cvietkovich , we have a proven track record of defending the rights of minors who have been accused of various offenses. We aim to provide effective legal representation and guide families through the legal process with compassion and expertise. If you're searching for a San Jose juvenile crimes lawyer, you can trust our team to fight for the best possible outcome for your child.  Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to schedule a meeting with our juvenile crimes attorney in San Jose!  San Jose Juvenile Crimes FAQ  What constitutes a juvenile crime? A juvenile crime is an illegal act committed by someone under the age of 18. These can range from minor offenses, like vandalism or shoplifting, to more serious crimes, such as assault or drug-related offenses. What is the legal process for juvenile cases in San Jose? The juvenile justice system is designed to address the needs of minors differently than adults. The process typically involves an arrest, a detention hearing to determine if the juvenile should be held or released, and adjudication, where a judge decides the outcome of the case. The focus is often on rehabilitation rather than punishment. What are the potential consequences for juveniles found guilty of crimes? Consequences for juvenile offenders can vary widely depending on the severity of the crime and the offender's history. They may include probation, community service, participation in counseling or educational programs, or detention in a juvenile facility. The goal is often to rehabilitate rather than penalize. How can a lawyer assist in juvenile crime cases? A lawyer can provide crucial support by defending the juvenile's rights, navigating the legal system, and advocating for a fair outcome. They can negotiate with prosecutors, represent the juvenile in court, and work towards alternatives to detention, focusing on rehabilitation and future opportunities. Common Juvenile Charges Juvenile crimes cover a wide range of offenses that individuals under 18 may commit. Some of the most common juvenile charges include: Underage Drinking : Minors caught possessing alcohol or using fake IDs to purchase alcohol can face legal consequences. Drug Offenses : Charges related to the possession, distribution, or manufacturing of illegal drugs or controlled substances. Shoplifting and Theft : Juveniles can be charged with theft for shoplifting or stealing property. Assault and Battery : Altercations or fights that result in physical harm can lead to charges of assault and battery. Vandalism : Deliberate property damage, such as graffiti or property destruction. Trespassing : Unauthorized entry onto another person's property can lead to criminal charges. Sex Offenses : Charges related to sexual misconduct, sexting, or statutory rape can be severe. Burglary : Entering a building intending to commit a crime, such as theft or vandalism. What are the Penalties for Juvenile Crimes in California? The juvenile justice system in California operates differently from the adult criminal justice system. The focus is on rehabilitation rather than punishment. However, there are still penalties for juvenile crimes, which can vary depending on the offense's severity and the minor's prior criminal history.  Some potential consequences include: Probation : Many juvenile offenders are placed on probation, which may include community service, counseling, or drug rehabilitation programs. Detention : Serious offenses can result in detention in a juvenile facility, which can range from a few months to several years. Fines : Juveniles may be required to pay fines or restitution to the victims of their crimes. Counseling and Rehabilitation : Depending on the nature of the offense, the court may order counseling, therapy, or substance abuse treatment. Juvenile Record : Juvenile offenses can lead to a criminal record, impacting future educational and employment opportunities. It's essential to have a skilled San Jose juvenile attorney to advocate for your child's rights and work toward the most favorable outcome, whether that involves negotiating reduced penalties, seeking diversion programs, or pursuing other alternatives to detention. Can a Juvenile Be Tried as an Adult in California? Juveniles can be tried as adults in certain circumstances, such as violent crimes. If convicted, then your child may be sent to an adult correctional facility. While juveniles are often not tried as adults, the consequences of a juvenile sentence can still be severe. Depending on the crime's severity and the child's age, the court may simply order the child to live with you under court supervision or put your child on probation. However, your child may also be sent away to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), or a probation camp. The whole experience of the arrest can be even more traumatic if your child is detained at a juvenile hall instead of being sent home to you. You may think that a child can only be tried as an adult for murder or attempted murder. However, a child can also be tried and convicted as an adult for other crimes. This includes armed robbery, drug-related crimes, arson, or escaping from juvenile hall. Getting representation for your child in a juvenile case is important, no matter what. However, if your child is being tried as an adult, you must seek legal representation. A child who is 16 or older can be sent straight to an adult correctional facility. A younger child will be placed in a juvenile facility but could later be transferred to an adult facility. Defenses Against Juvenile Crime Charges At the Law Offices of Nick Cvietkovich, we understand the unique challenges and complexities of defending juveniles accused of crimes.  We employ a range of strategies to build a strong defense, including: Lack of Evidence : We will thoroughly examine the evidence against your child and challenge any weak or insufficient evidence presented by the prosecution. Suppression of Evidence : If law enforcement violated your child's rights during the arrest or investigation, we will seek to have any illegally obtained evidence suppressed. Juvenile Rights : We will ensure that your child's rights are protected throughout the legal process, including the right to remain silent and the right to legal counsel. Diversion Programs : Depending on the circumstances, we may advocate for diversion programs that allow your child to avoid formal charges and receive counseling or rehabilitation instead. Negotiation and Advocacy : Our experienced attorneys will negotiate with the prosecution to seek reduced charges or alternative sentencing options more focused on rehabilitation than punishment. How Can a Juvenile Avoid Jail Time? There are differences with juvenile crimes that affect the possibility of sentencing and jail time. California criminal court law defines that a minor is not found to be San Jose White Collar Crime Attorney | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Criminal Law White Collar Crimes San Jose White Collar Crime Defense Lawyer Get an Experienced White Collar Criminal Defense Lawyer on Your Side To many people, the idea of crime is generally associated with illegal activities related to  drugs  or  violent behavior . While these forms of crime tend to dominate local news headlines and the attention of municipal police departments, there are many other types of offenses that may seem less dramatic but can be equally serious. Such is the case with a general classification of activity known as white collar crime.  Contact the Law Offices of Nick Cvietkovich to schedule a free consultation at  (408) 898-9770 today. We will review your case and help you decide how to proceed in building your defense. What are White Collar Crimes in California? White collar crime refers to criminal activities that are non-violent in nature, but often motivated by financial gain. While no two cases are exactly the same, white collar offenses are commonly committed by means of deception, either in person, on paper, or electronically. The negative impact of a white collar crime victim is usually financial and can create problems for the victim well into the future. Credit ratings may be affected, in addition to hundreds or thousands of dollars in financial losses. The consequences to an individual convicted of a white collar crime can be extremely serious, as well. Depending on the particular offense, an allegation may be prosecuted as a  misdemeanor or a felony . We have worked with white-collar crimes of all types including: Fraud  or deceit; Bribery; Ponzi schemes; Embezzlement or money laundering; Identity theft; Forgery; Theft of intellectual property, including copyright violations; and Many other offenses. What are the Potential Penalties for White Collar Crimes in California? The consequences of a conviction for white collar crimes can be devastating, both legally and personally. Potential penalties include: Fines : White collar crimes often involve significant fines, sometimes exceeding the financial loss caused by the offense. Restitution : Courts may require offenders to pay restitution to victims to compensate for financial damages. Imprisonment : Depending on the crime’s severity, offenders may face jail time in county facilities or lengthy prison sentences. Probation : Some convictions result in probation, which may include strict terms such as regular reporting to a probation officer or restrictions on financial activities. Career Consequences : A conviction can lead to the loss of professional licenses, termination of employment, and difficulty finding future job opportunities. For federal offenses, penalties can be even harsher, often involving mandatory minimum sentences and higher fines. Working with a San Jose white collar crime defense lawyer can help mitigate these consequences and protect your future. Investigations and Prosecution of White Collar Crimes White collar crime cases often begin with an investigation by state or federal agencies, such as the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), or California Department of Justice. These investigations may involve: Reviewing financial records and electronic communications. Conducting interviews with employees, clients, or other involved parties. Issuing subpoenas for documents or testimony. White collar crimes can fall under state or federal jurisdiction, depending on the specifics of the case. Federal charges often arise in cases involving interstate transactions or communications or large-scale financial schemes. Federal cases are typically more complex and carry harsher penalties. However, in any case, prosecutors in white collar crime cases must prove intent, meaning they must demonstrate that the accused knowingly engaged in fraudulent or illegal activity.  A San Jose white collar crime defense attorney can challenge the prosecution’s evidence and seek to establish that actions were unintentional or misinterpreted. Facing White Collar Crimes Charges? Contact Our Attorneys in San Jose If you suspect you are under investigation or have been charged with a white collar crime, seeking legal representation immediately is critical. Early intervention allows your attorney to: Review the evidence and identify weaknesses in the prosecution’s case. Advise you on how to respond to investigators or subpoenas. Negotiate with prosecutors to avoid charges or secure favorable terms. By working with our San Jose white collar crime defense attorney, you can ensure that your rights are protected and that you have the best possible chance of achieving a favorable outcome. For aggressive legal defense, call our firm at (408) 898-9770 today.  Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors What Sets Us Apart? If you are facing charges involving white-collar criminal activity, you deserve the representation that can only be offered by a professional, qualified defense lawyer. Local Knowledge & Experience We are a Northern Californian- founded and run firm giving us unique insight into the court system. Well-Known & Respected Team The attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations. Dedicated & Experienced Counsel Our firm has over 15 years of experience and has successfully handled more than 4,500 cases. Contact Us Today If you have been unjustly charged with a crime, you can count on the legal team at Law Offices of Thomas Nicholas Cvietkovich to fight for your rights every step of the way. Schedule your free case evaluation with our team today. Get Started “Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.” “No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you.” “Nick is an excellent attorney who really cares for his clients and knows what he is doing. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end.” “I hired one of his associates a couple of years ago like 4 or 5 years ago. Best help I got. I Am so thankful and Mr. Nick inspired me to pursue a career in law firm.” “Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney.” / Read More Testimonials Get Affordable, Aggressive Defense for White Collar Crime Charges When you have been falsely accused of a white-collar offense, the seriousness of the situation can be paralyzing. You ma Testimonials | Law Offices of Thomas Nicholas Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Testimonials Real Clients. Real Successes. "Thank You" I hired one of his associates a couple of years ago like 4 or 5 years ago. Best help I got. I Am so thankful and Mr. Nick inspired me to pursue a career in law firm. Thank you. Ed V. "Mr. Cvietkovich is the best defense attorney in Santa Clara County." Mr. Cvietkovich is the best defense attorney in Santa Clara County, in my sincerest experience. Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney. It took many hours and weeks to locate an attorney that was willing to work my case on my terms. Mr. Cvietkovich was my number one pick when a decision was finally made to get things done and I don't regret, for one second, having him represent me. His services are worth every dime and I'm very pleased with the outcome produced from his law firm's diligence and effort. I could not recommend any other attorney, except for Mr. Cvietkovich, to lead and defend a case no matter how small or severe the circumstance. Fortune V. "Thank you Nick Cvietkovich – words cannot express my gratitude." I give 5 stars for Mr. Cvietkovich. My family was going through a terrible tragedy and on top of that had a legal issue that was time-sensitive. I contacted Nick Cvietkovich and in just a few hours Mr. Cvietkovich got all the parties together and resolved the issues. Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. Everyone needs a lawyer that not only gets things done but gets things done quickly. Thank you Nick Cvietkovich – words cannot express my gratitude. Justin "There are not enough words to explain how grateful I am for Nick." There are not enough words to explain how grateful I am for Nick. He defended my husband in a 25 to life case. No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! He was always keeping us updated and letting us know of the status of the case. He would always return our calls and text messages. Not like others lawyers that all they want is money. Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you. Thanks to you the case was dismissed!!! Anna "His experience can be easily noticed." Nick is an excellent attorney who really cares for his clients and knows what he is doing. His experience can be easily noticed. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end, it is a relief to speak to an attorney like him that is not just trying to retain your business, but genuinely cares for the people he works with. He has a great team of people working for him that are always willing to update you on your case and answer any questions you might have. If you want a great attorney who will not overcharge you and will get you the best results, call his office. Mari "I could not recommend him more." Thomas Cvietkovich is one of the go-to lawyers in the area. He tells it like it is and does not sugarcoat anything. He gives you honest and accurate advice to help you. He is not there to make a quick buck but to really serve his clients. I could not recommend him more. Roland S. "Thank you, Thomas." Thomas Cvietkovich helped me through a very scary experience when crooks were trying to extort money and blackmail me. I would definitely seek representation and recommend Thomas again. Thank you, Thomas. Rick P. "We highly recommend attorney Nick (Thomas Nicholas CvietKovich) for any legal matters in Bay Area" We highly recommend attorney Nick (Thomas Nicholas CvietKovich) for any legal matters in Bay Area, California. He is very knowledgeable, provides quick responses for any concerns with respect to your case, and keeps you updated with progress periodically. He was able to help to get our case dismissed successfully without having to go through court visits and multiple hearings. Our best wishes for Nick to help more & more families in the future to resolve their legal matters!!! Subramani K. "I can’t thank him enough." I was pulled over by the police in San Jose about 4 months ago with a .09 blood alcohol level. I knew I had to get some help. This was my first time ever needing legal help. When I spoke with Nick he sounded like a nice guy. He was knowledgeable and offered a very reasonable price. So I went with him and hoped for the best. Little did I know I had just hired an excellent lawyer. He went to work right away. He made me feel comfortable and was always quick to get back to my questions and concerns and always kept me informed with the case. Four months later his strategy worked great. I had prepared myself for a DUI sentence but was hoping to get at least a wet reckless. I ended up walking away with a dry reckless and a small fine. My license was not affected either. I can’t thank him enough. Nick is a very intelligent, personable, and clever lawyer. He knows the system well and was able to get me the lightest possible sentence. If I ever have any legal questions or need any legal help in the future, he will be my first call. Kelly "Thank you for everything Nick." When I got my second DUI, a friend of mine told me about Nick and how he is a great defense lawyer and would do whatever it took to get me the best deal. Upon meeting him, I already that I was in good hands. Throughout my case, he would keep me updated with any new information that would help my case and always be ready to answer my questions. He was very understanding with everything and helped me in every way possible. Then when I got in trouble with driving without a license, I went back to him and he quickly took my case and did such a wonderful job. I was worried about what would have happened to me but Nick kept me calm and would make sure that I would be taken care of. He is a great lawyer with great staff and is someone I recommend to anyone that is looking for a top-notch defense lawyer. Thank you for everything Nick. Carlos "Nick is an incredible lawyer." Nick is an incredible lawyer. I worked with Nick for about 2 years to have my case resolved. I selected him from conducting 7 interviews with a couple of other lawyers but I knew that he was the man for the job when I talked to him. I selected him after 2 interviews after I knew that he was an experienced lawyer and handled numerous cases within my charge. Nick is very thorough, professional, and always goes above and beyond for his clients. He is very exceptional and I would recommend Nick again in the future for any client that wants to either win, dismiss, or reduce any charges. I highly recommend Nick Cvietkovich. Ron 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute What Is the Difference Between a California DUI and DUID? Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Blog 2017 October DUI And Drugs Prev Post | Next Post DUI And Drugs By Law Offices Of Thomas Nicholas Cvietkovich October 23, 2017 Under California law, it is illegal to drive under the influence of both alcohol and drugs. Drugs can be anything from illegal substances like methamphetamine, prescription drugs like Vicodin, or even over-the-counter cough medicine. If you are taking something that impairs your ability to drive, you can be arrested and convicted of Driving Under the Influence of Drugs (DUID). How a Drug DUI is Different The signs that a driver is under the influence of drugs will often be different than the signs of alcohol use. Many law enforcement agencies have special drug recognition experts that are brought in to observe suspects who are believed to be on drugs. Under California’s implied consent law, you must take a blood or urine test if arrested for DUID. A breath test is not available to detect drugs in your system. Blood tests are much more common than urine tests. If you do not take the blood or urine test, the refusal can be used against you in court and you could also face additional fines and license suspension. Understanding Your Rights When dealing with law enforcement in a DUI or DUID situation you still have your Constitutional rights. You can exercise your right to remain silent and to ask for an attorney. It is up to you to tell the police officer questioning you that you want to exercise your right to remain silent and that you want a lawyer. This could prevent you from saying something that might incriminate you. You also have the right to force the prosecutor to prove beyond a reasonable doubt that you are guilty of the DUID. This means that you do not have to take a plea deal. Every case is different. In some cases, your best option might be to enter a guilty plea. But, other times it may be in your best interest to fight your case all the way to trial. Defenses Just because you have been arrested and charged with DUID does not mean it is an open and shut case. Sometimes police misconduct or noncompliance with established protocol may mean that some of the evidence against you cannot be used at trial. There may be problems with the way your blood or urine was stored and tested. You may also be able to show that just having drugs in your system does not mean you were impaired. If you have been arrested for DUI or DUID, you need to speak with a skilled San Jose DUI attorney immediately. Do not talk to anyone about your case until you have spoken with a lawyer. Call the Law Offices of Thomas Nicholas Cvietkovich today at (408) 898-9770 to schedule a free initial consultation. Source: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23152-23229.1 Categories:  Drug Crimes ,   DUI Prev Post Next Post Related Posts February 04, 2026 Second DUI Offense: What's Different in San Jose? Read More December 30, 2021 Arrested For DUI In San Jose – What Should I Do Next? Read More November 01, 2021 Understanding The Administrative Per Se Law For DUI In California Read More / 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy About the Firm | Law Offices of Thomas Nicholas Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation About the Firm San Jose Criminal Defense Attorneys   No matter what type of charges you face, our dedicated team at the Law Offices of Thomas Nicholas Cvietkovich can fight to protect your future. We provide the high-quality legal representation you should expect from a knowledgeable and experienced attorney. For more information or to schedule a free initial consultation,  contact our office online  or call (408) 898-9770 now. We have Spanish-speaking team members available.  We’re Here For You Regardless of the legal matter, our dedicated criminal defense attorneys are here to help advocate for your rights. Contact Us Today Meet Our Dedicated Criminal DefenTeam Asserting a strong defense against criminal charges requires a legal professional with experience. Every criminal case involves unique details and circumstances, so a good criminal attorney will adopt a defense strategy to fit your particular case. Nick Cvietkovich is a San Jose criminal defense lawyer who has handled thousands of cases in his career. Each of these has contributed to his knowledge and understanding of the criminal justice system. He can use his practical experience together with an unrivaled sense of commitment to provide you with the quality defense you deserve. Thomas Nicholas Cvietkovich Partner Daniel Lofgren Associate Josselyn Thomas / You Deserve an Advocate Work With the Law Offices of Thomas Nicholas Cvietkovich Today First Name Please enter your first name. Last Name Please enter your last name. Phone Please enter your phone number. This isn't a valid phone number. Email Please enter your email address. This isn't a valid email address. Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. Please make a selection. How can we help you? Please enter a message. By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy Send Message 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy How Do Drug Laws Affect Your Employment? CA Law Firm Explains Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Blog 2017 October New Drug Laws And ... Prev Post | Next Post New Drug Laws And Your Employment By Law Offices Of Thomas Nicholas Cvietkovich October 23, 2017 San Jose Criminal Defense Lawyer Explains California Pot Legalization Cannabis is now legal within the state of California, for the most part. Although the passage of Proposition 64 made recreational use of marijuana legal in the California state law books, there are still hurdles to overcome. For instance, how will it affect your employment? Can your boss tell you that you cannot do something that is legal by law? How can you purchase cannabis without earning a drug charge ? You may be surprised by the answers. Your Boss’ Word is Law at Work Outside of your place of employment, it is legal to wear clothing suited to your tastes and you can sport the hair color and style of your choosing. It is also completely legal to have piercings and tattoos and speak however you wish, so long as you are not infringing upon the rights of another individual. However, in the office, you may be required to wear khaki pants, a dress shirt, and close-toed shoes. Additionally, you may be required to have your hair pulled neatly away from your face and only wear one earring in each ear. This idea is no different from the legality of marijuana in the workplace. California law still maintains that each place of business reserves the right to remain drug-, tobacco-, and alcohol-free, including cannabis, if they so choose. Other Obstacles with Recreational Marijuana Just because recreational use is legal, this does not mean it is available for sale everywhere. You may have noticed that many of the dispensaries still require proof of medical necessity, via the medical marijuana card, to dispense to their patrons. Although there are a few who break the rules and distribute to those who meet the over the age of 21 requirements, recreational sales are not expected to be legitimized until 2018. At that time, two taxes will additionally come into play, including the retail tax and the cultivation tax. For now, the circumstances that are legal include: Possessing an ounce or less; Someone with a medical card giving someone without a card an ounce free of charge; and Growing up to six plants in your home. Drug Charges Require Representation Although marijuana has made a leap into recreational use, there is a significant portion of a gray area left to cover. This step in our society is brand new, and there will be many kinks to work out. Therefore, if you are facing drug charges, it is wise to contact a skilled lawyer who is familiar with the intricate details of drug law. If you would like to have your questions answered by a San Jose, CA drug charge defense attorney , contact the Law Offices of Thomas Nicholas Cvietkovich today to schedule your free initial consultation. Sources: https://ballotpedia.org/California_Proposition_64,_Marijuana_Legalization_(2016) https://leginfo.legislature.ca.gov/ http://www.pharmacy.ca.gov/licensees/prescribe_dispense.shtml Categories:  Drug Crimes Prev Post Next Post Related Posts May 22, 2020 What To Know About Alcohol And Drug Arrests For Memorial Day Weekend Read More October 23, 2017 Will Legalized Marijuana Become A Reality In California? Read More October 23, 2017 The Passing Of Proposition 64 In California Read More / 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy San Jose Criminal Defense Attorney | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Protecting & Defending Your Rights  Criminal Defense Attorney in San Jose When you have been unjustly accused of a crime, you need an aggressive and affordable attorney to advocate on your behalf Free Consultation San Jose Criminal Defense Attorney Facing criminal charges can be very frightening. The criminal case process is often confusing, and the future may seem alarmingly uncertain.  At the Law Offices of Thomas Nicholas Cvietkovich , we understand the seriousness of every criminal case and recognize the importance of an aggressive, skilled defense. Choosing the right San Jose criminal defense attorney is vital to protecting your freedom and future.  As a premier criminal defense law firm in Santa Clara County, CA, the Law Offices of Nick Cvietkovich is committed to providing clients with the highest quality legal representation, no matter what they encounter in or out of court.  Our trial-experienced criminal defense attorneys' attention to each case helps ensure clients have a defense resolution tailored to their unique needs to protect their legal rights and represent their best interests.  Our San Jose criminal defense attorney is ready to help protect your rights. To schedule your free initial consultation , contact our criminal attorney in San Jose at (408) 898-9770 today. You Deserve an Advocate Free & Confidential Consultations First Name Please enter your first name. Last Name Please enter your last name. Phone Please enter your phone number. This isn't a valid phone number. Email Please enter your email address. This isn't a valid email address. Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. Please make a selection. How can we help you? Please enter a message. By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy Send Message Meet Our Dedicated Criminal Defense Team Asserting a strong defense against criminal charges requires a legal professional with experience.  Every criminal case involves unique details and circumstances, so a good criminal attorney will adopt a defense strategy to fit your particular case.  Nick Cvietkovich is a San Jose criminal defense lawyer who has handled thousands of cases in his career.  Each of these has contributed to his knowledge and understanding of the criminal justice system.  He can use his practical experience together with an unrivaled sense of commitment to provide you with the quality defense you deserve. Thomas Nicholas Cvietkovich Partner Daniel Lofgren Associate Josselyn Thomas / Our San Jose Attorneys Take on an Array of Legal Matters Our criminal defense attorney in San Jose has the skills and experience to handle all types of criminal charges, including: Assault : Attempting to injure another person. Domestic violence : This involves abusing or threatening to abuse a family or household member. Drug crimes : This consists of drug possessing , manufacturing, distributing, or trafficking controlled substances, among other illegal conduct involving drugs . DUI : DUI charges are levied upon those operating a motor vehicle while under the influence of drugs and/or alcohol. Fraud : These crimes occur when someone uses deception to unlawfully obtain money, property, or services. Gun crimes : Various state and federal laws prohibit conduct such as unlawfully possessing a firearm or conceal carrying a gun without a permit. Juvenile crimes : These involve criminal offenses committed by persons under 18 years of age. The criminal cases are often processed through juvenile court. Sex crimes : This term refers to a range of criminal offenses , such as rape, statutory rape, Internet sex offenses , child pornography , and prostitution and solicitation. Theft crimes : These criminal offenses consist of unlawfully taking the property of another person or entity. White collar crimes : Generally, these criminal offenses occur in the business or government sectors and involve someone unlawfully taking or using property entrusted to them. “Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.” “No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you.” “Nick is an excellent attorney who really cares for his clients and knows what he is doing. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end.” “I hired one of his associates a couple of years ago like 4 or 5 years ago. Best help I got. I Am so thankful and Mr. Nick inspired me to pursue a career in law firm.” “Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney.” / Read More Testimonials Your Criminal Case Is Important to Us In a California misdemeanor or felony case , you need a criminal defense attorney on your side ready to stand up for you.  At the Law Offices of Thomas Nicholas Cvietkovich, our San Jose criminal defense lawyer does not back down from a challenge. Putting the needs of others ahead of all else, we aggressively defend our clients in and out of court in San Jose.  When you turn to us, we will be your zealous advocates, ensuring that your voice is heard and vigorously challenging the accusations against you. At the Law Offices of Thomas Nicholas Cvietkovich, we provide personalized attention. That means you will receive one-on-one help from a lawyer who knows your criminal case inside and out and understands your goals and needs.  Our criminal defense attorney in San Jose will build a customized defense strategy for you and can explore the legal options for pursuing the best possible result on your behalf. Learn more about how our attorneys can help by contacting us at (408) 898-9770 . Have You Been Charged With a Crime? If you have been charged with a crime , you must go through several court processes.  You must also develop a defense to attack the prosecutor’s allegations. Doing this on your own is not easy and could lead to missteps that later hurt your case. Instead of going it alone or getting assistance from an inexperienced lawyer, contact the Law Offices of Thomas Nicholas Cvietkovich.  Our San Jose criminal defense lawyer is very experienced in this field. We are well-versed in California’s laws . Additionally, because we are a small firm, we understand the court in-depth and know the players. Our team is well-respected and can seek results through negotiations with prosecutors or by arguing the case in court. We have a track record of success with past clients. Although previous victories do not guarantee future results, we are committed to doin San Jose Domestic Violence Lawyer | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Criminal Law Domestic Violence San Jose Domestic Violence Lawyer Experienced Defense Against Domestic Violence Charges in Santa Clara County Domestic violence is a nationwide epidemic. More than 12 million U.S. men and women experience domestic violence each year. Domestic violence may occur over trivial issues or deep-seated emotional problems. However, there are also cases of wrongful accusations. This happens when a person wrongfully accuses a partner or family member of domestic violence. A conviction can cause severe damage to your career, education, and life in general. Are you facing domestic violence charges or a restraining order? Our domestic violence lawyer in San Jose, CA, can help to defend you from charges that may come with life-ruining consequences. Are you facing a domestic violence charge in California? Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to schedule a meeting with our domestic violence attorney in San Jose! What Are the Domestic Violence Laws in California? An allegation of domestic violence is only considered as such when the victim of the action is a: Current or former spouse Romantic partner Fellow parent Other member of the accused person’s household There are several situations where you could face domestic violence charges in California. Two are among the most common: Infliction of corporal injury (Penal Code Section 273.5); and Domestic battery (Penal Code Section 243(e)). What Is Infliction of Corporal Injury in California? Corporal injury is a traumatic bodily condition caused by physical force. The injury does not need to be serious, but it must be directly attributable to the accused's actions. Infliction of corporal injury is potentially a felony . It could result in up to four years in state prison and fines of up to $6,000 What Is Domestic Battery in California? An individual commits domestic battery when they willfully and unlawfully use force or violence against a person who falls under domestic violence statutes . The victim does not need to be injured to bring domestic battery charges. Domestic battery is a misdemeanor offense under California law. You could also face fines of up to $2,000 and imprisonment for up to one year. Additional Domestic Violence Consequences in California Facing a criminal conviction comes with its own set of consequences. In addition to fines and time behind bars, you could face many problems that affect your life. For example, you could experience the following consequences for a domestic violence conviction: Loss of gun rights . You may be unable to purchase or own a firearm in California if you receive a conviction. Loss of custody . If you have a child, or are in the middle of a custody dispute, then you could lose custody for receiving a conviction. Immigration issues . You could face deportation if you are an immigrant. Additionally, you could become unable to enter the United States. Loss of job opportunities . You could lose your job for a conviction. You could also face major difficulties finding another job. Many employers have reservations about hiring people with criminal convictions. Restitution . Some criminal convictions require you to pay restitution to the victim. You could have to pay money to the person who accused you of domestic violence. As you can see, the consequences of a domestic violence charge extend far beyond time in jail and fines. Some of the consequences listed above may follow you for the rest of your life. What Are California Domestic Violence Defense Strategies? There are a couple of ways our domestic violence defense lawyer in San Jose could defend you from criminal charges. Your options depend on the circumstances surrounding your case. Each case is going to be different. However, here are some of the most common defense options. False accusation . It may be possible to show that the accuser is not telling the truth about what happened. Or, you may be able to prove that the accuser is not telling the truth about the extent of his or her injuries. Self-defense . It may be possible to show that you were acting in self-defense when the situation occurred. The injuries did not occur from the incident . It may be possible to show that the injuries suffered by the accuser did not occur due to domestic violence. Can a Domestic Violence Case Be Expunged From Your Record? A domestic violence conviction can have long-lasting consequences, affecting employment, housing, and personal relationships. However, under California law, it may be possible to have certain convictions expunged from your record, offering a fresh start. Expungement is the legal process of clearing a conviction from your criminal record, making it less accessible in background checks. In California, this process is available for some domestic violence cases, but there are specific criteria that must be met. Typically, the individual must have successfully completed probation, including paying all fines and restitution, attending court-ordered counseling, and fulfilling any other conditions imposed by the court. If the conviction involved a prison sentence, expungement may not be an option, but those who served time in county jail may still be eligible. It’s important to note that while expungement can clear your criminal record for most purposes, there are certain limitations. For example, an expunged domestic violence conviction may still be considered in future criminal cases or for professional licensing purposes. Additionally, the expungement does not restore firearm rights, which are permanently revoked under federal law following a domestic violence conviction. Why Contact the San Jose Domestic Violence Lawyer at the Law Offices of Nick Cvietkovich? Facing domestic violence charges can be a life-changing and stressful experience. A single accusation can lead to severe legal, emotional, and financial consequences. The Law Offices of Nick Cvietkovich specializes in representing clients in domestic violence cases, offering support and expert legal assistance to help you achieve the best possible outcome. Here’s why you should contact them if you’re facing these charges: Deep Expertise in Domestic Violence Law: Domestic violence cases involve unique legal challenges. This firm has extensive knowledge of California’s domestic violence laws and the experience to effectively handle restraining orders, criminal charges, and related legal proceedings. Protection of Your Rights: Accusations can lead to rushed judgments and legal missteps by law enforcement. The attorneys ensure your constitutional rights are upheld, reviewing evidence for any violations, such as illegal searches or unfair treatment. Tailored Defense Strategies: Every case is unique. The firm crafts personalized defense strategies based on your circumstances, such as highlighting inconsistencies in evidence, challenging witness testimony, or uncovering mitigating factors. Skilled Negotiation and Advocacy: The attorneys are experienced negotiators, skilled at working with prosecutors to potentially reduce charges, secure alternative sentencing, or even achieve case dismissals. Confidential and Compassionate Representation: Domestic violence cases often involve deepl San Jose Assault Lawyer | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Criminal Law Assault San Jose Assault Lawyer  Defending Clients Accused of Assault in Santa Clara County  If you are charged with assault, you face severe and life-altering consequences. An assault conviction in California can result in penalties, fines, and even jail time. Almost any contact with another party can be evidence against you in a trial. For example, if you bump into someone on a busy street, you can be charged with assault—even if it was an accident. Additionally, you can still face assault allegations even if you do not make contact with someone. If you face such allegations, then our San Jose assault attorney can help. Understanding the nuances of assault charges is crucial. For instance, it is important to recognize that intent plays a critical role in these cases. Even in situations where physical contact does not occur, the perception of threat by the victim can substantiate a charge. Witness statements and video evidence can heavily influence how these cases are interpreted. Moreover, location can be a factor; events that occur in places like downtown San Jose, bustling with activity, might provide witnesses to either support or challenge the allegations. Sometimes hardworking, good people find themselves in unfortunate situations. For this reason, we believe everyone deserves a second chance. At the Law Offices of Nick Cvietkovich , we have been defending people against assault allegations for years. We use every available tool and resource to try to show that you did not intentionally assault someone. How Our Firm Handles Assault Cases in San Jose When you come to us after an arrest, we begin by carefully reviewing the police report, any body camera footage, and statements gathered by law enforcement in Santa Clara County. We want to understand exactly how the incident unfolded from your perspective and compare that to what is recorded in the official file. This early investigation can reveal gaps in the evidence, inconsistencies in witness accounts, or procedural problems that may strengthen your position in court. We also look at how your case is likely to move through local courts such as the Santa Clara County Hall of Justice or other nearby facilities in San Jose. Each courthouse has its own routines, and prosecutors may approach assault cases differently depending on the facts and the defendant’s history. By explaining these practical details and potential outcomes in plain language, an assault lawyer can help you make informed choices about whether to fight the charges at trial, negotiate a plea, or pursue alternative programs that may reduce the long-term impact on your record. Are you facing an assault charge in California? Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to schedule a meeting with our assault attorney in San Jose! Understanding Assault Charges in San Jose Facing an assault charge in San Jose can be intimidating due to the complexities of California law and the serious implications of a conviction. At the heart of defending against an assault charge is the need to comprehend the nuances of penal codes and how they are interpreted locally. Local judicial precedents can influence outcomes and procedural expectations in a way that differs from other regions. One must consider the procedures followed by law enforcement and courts in Santa Clara County. For instance, downtown San Jose is home to the Hall of Justice where many criminal cases are handled. Being aware of the logistics, such as navigating traffic or understanding courthouse protocols, is crucial for timely and effective legal representation. What Is Assault in California? California Penal Code 240  defines assault as an incident when someone intentionally attempts to cause another person harm. It is important to note that you do not need to touch someone for it to be considered assault. If someone physically touches another person, a battery charge can occur. For example, an assault charge can occur if someone threatens to use violence or invokes fear of harm through an intentional act. Alternatively, a battery charge occurs when someone uses physical force on someone else. Understanding these definitions can often lead to better defense strategies. For instance, cases where individuals are unfamiliar with the differences between assault and battery might see these terms misused, leading to more complex legal battles. Clarifying these distinctions early can prevent unnecessary escalations. In San Jose, awareness campaigns by local law enforcement often emphasize these legal differences to reduce public misconceptions. In general, there are a few details that must be proven for a person to be found guilty of assault, including: Acted Willfully:   Prosecutors will try to claim you acted willfully. Acting willfully means that there was a deliberate attempt to break the law. For example, if evidence such as text messages of someone threatening an individual is presented, it can be used against the defendant. Our San Jose assault attorney can scrutinize these claims. Aware of Reaction:   Since you do not need to touch someone to be charged with assault, the courts will consider if your actions made a reasonable person believe you would use force against them. For example, if a person verbally threatens someone and tells them they will harm them, an individual might reasonably believe that this would happen. Ability to Apply Force:   For an assault charge to stick, prosecutors must prove that you could commit the act. For example, if you have a disability that prevents you from performing the circumstances of the crime, you can have charges reduced or dismissed. What Are the Penalties for Assault in California? Assault is a serious criminal offense in California and can result in significant penalties. The specific penalties for assault will depend on the circumstances of the offense, including the severity of the injury caused, the use of a weapon, and the victim's age and occupation.  Understanding how courts in Santa Clara County handle these factors can give you a clearer picture of what is at stake if you are being represented by a San Jose assault attorney. Judges may also consider whether the incident happened in a particularly sensitive location, such as near schools or public events, and whether there were prior protective orders in place. Here are some of the penalties for assault in California: Misdemeanor assault: If the assault does not result in serious injury and does not involve a weapon, it may be charged as a misdemeanor. The penalties for misdemeanor assault can include up to six months in jail, a fine of up to $1,000, or both. Felony assault: If the assault results in severe injury or involves a deadly weapon, it may be charged as a felony. Felony assault can result in penalties including up to four years in state prison, a fine of up to $10,000, or both. Aggravated assault: If the assault results in significant bodily injury or is committed against a certain protected class of people (such as police officers, firefighters, or public officials), it may be charged as aggravated assault. Aggravated assault can result in penalties, including up to life in pr First Offense DUI Lawyer in San Jose | Law Offices of Thomas Nicholas Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation DUI First Offense DUI First Offense DUI Lawyer in San Jose An Advocate for Your Rights & Future in San Jose Facing a first offense DUI in San Jose can be daunting, with potential repercussions affecting your freedom, finances, and future. At Law Offices of Thomas Nicholas Cvietkovich , we're here to help guide you through the complexities of DUI defense in San Jose. Our approach prioritizes your needs, ensuring that you feel supported and informed every step of the way. We understand the anxiety that legal issues can bring and aim to alleviate your concerns by providing clear, straightforward advice and planning an effective defense strategy tailored to your case. When you contact our office after an arrest, we take time to understand what happened before, during, and after the stop so we can begin shaping a defense that fits the facts rather than forcing your situation into a generic template. For many people, a first encounter with the criminal system in Santa Clara County raises immediate worries about a license suspension, job loss, and the effect of a conviction on professional licenses or background checks. We walk you through how the criminal case and DMV process interact, what deadlines apply, and what realistic outcomes might look like for someone in your position so you can make informed decisions from the outset. Our proactive defense involves thorough preparation, including reviewing all the details of your case and ensuring that your rights are protected at every stage. With each case, we emphasize transparency and communication, keeping you informed about your options and what to expect as your case progresses. Our team’s commitment to personal attention is what sets us apart, especially when someone needs a first offense DUI lawyer San Jose residents can rely on during a stressful time. As we develop your defense, we may examine the reasons for the traffic stop, evaluate field sobriety testing, and consider how medical conditions, fatigue, or road conditions might have influenced the officer’s observations. We also review whether your breath or blood test was obtained and handled in compliance with California law and the procedures used in San Jose, looking for issues that could lead to a reduction or dismissal of charges. By methodically addressing each part of the state’s case and explaining our assessment in clear language, we help you understand both the strengths and limitations of the evidence against you. Call us at (408) 898-9770 to schedule a consultation and take the first step towards resolving your DUI charges in San Jose. DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Understanding First Offense DUI Charges in San Jose DUI laws in California can be particularly challenging, especially for first-time offenders. In San Jose, the consequences of a first offense DUI can include fines, license suspension, and mandatory DUI education programs. The legal limit in California is a BAC of 0.08% , and even first-time offenders can face serious penalties if convicted. For a typical first offense in Santa Clara County, the case usually begins with an arrest by a local agency such as the San Jose Police Department or the California Highway Patrol, followed by the issuance of a notice that starts the DMV process. At the same time, the Santa Clara County District Attorney’s Office may later file criminal charges in the Superior Court in downtown San Jose. This overlap between administrative and criminal proceedings is confusing for many people, which is why speaking with a first offense dui attorney San Jose residents trust can help you keep track of what must be done and when. DUI charges can significantly impact your life beyond just legal penalties. From affecting employment opportunities to personal relationships, the ripple effects of a DUI charge are far-reaching. This is why it is critical to approach your defense with a strategy that considers both immediate legal battles and long-term implications. Our attorneys stay informed about legal precedents and changes in DUI law, helping ensure that your defense is built on current and relevant legal strategies. We also discuss with you how a first conviction could affect professional goals such as working in education, technology, or other industries that are common in the South Bay. Some employers run regular background checks, and a misdemeanor record may raise questions that you need to be prepared to answer. By talking openly about these concerns at the beginning of the case, we can evaluate whether options such as charge reductions, alternative sentencing, or later record relief may help you protect your long-term plans. Personalized Legal Strategies from Local Experts At Law Offices of Thomas Nicholas Cvietkovich , we emphasize personalized service, recognizing that each case is unique. Our San Jose-based team understands local legal procedures and community norms, allowing us to provide targeted advice and representation. We listen to your concerns and devise strategies that reflect your best interests, whether through negotiation or in court. When we build a defense plan for a first offense DUI, we look closely at details that might be overlooked in a more generic approach, such as your driving record, medical history, and any personal obligations that could be affected by a license suspension. We may explore whether you are eligible for a restricted license, whether an ignition interlock device would allow you to keep driving to work, and which local DUI programs fit your schedule and budget. By weighing these practical considerations along with the legal issues, we aim to create a strategy that fits your life, not just your case number. Our team believes in forming genuine connections with our clients, allowing us to better understand their situations and desires. This approach enables us to negotiate effectively for our clients' needs, striving for outcomes that align with their personal and professional goals. Moreover, our commitment to accessibility means that we are always just a phone call or email away, ready to address your questions and provide timely updates on your case. We also draw on our combined experience in both criminal and family law to anticipate how a DUI case might intersect with child custody arrangements, professional licensing issues, or existing court orders. For example, if you share custody and rely on driving to meet exchange schedules, we will address those realities when talking with the court and the DMV about potential license restrictions. Our familiarity with the pressures families face in San Jose helps us frame your situation in a way that humanizes you and highlights the reasons you are working hard to move past a first offense. What to Expect in San Jose Courts Being familiar with the court systems and processes in Santa Clara County is crucial for any DUI defense. Our attorneys have extensive experience representing clients within the San Jose judicial system. This local insight allows us to navigate the courts effectively and advocate for the best possible outcomes, keeping you informed every step of the way. For most first offen San Jose Gun Crimes Lawyer | Law Offices of Thomas Nicholas Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Criminal Law Gun Crimes Gun Crime Defense Lawyer in San Jose Arrested For a Gun Crime in The Bay Area? Our Firm Can Help. There are numerous federal and state firearm laws that impose strict penalties for violations, such as possessing a gun with a domestic violence conviction or unlawfully possessing a concealed firearm. A conviction can result in serious consequences, affecting every facet of your life. Our San Jose gun crime lawyer can review your situation and help you determine your defense options. Both federal and state gun crime convictions can limit your housing and employment opportunities and may lead to fines, probation and time behind bars depending on the circumstances. A conviction can also cost you a professional license or may bar you from obtaining one in the future. If convicted, you could also lose your right to legally own firearms. There are defense strategies for fighting back against gun crime and weapons charges. For instance, you can lawfully defend yourself and others with a firearm in some cases. You may be able to argue you shot a person because you had reason to believe your life was in imminent and grave danger. It may also be possible to argue that you were unaware you were carrying a firearm. However, these are only two of many possible defense strategies that may be able to help you avoid a conviction. If you want to discuss avoiding some of the possible consequences discussed above, we offer free initial consultations . Call us at (408) 898-9770 today. Common Weapon Charges in California As we mentioned, there are federal and state gun laws that have different penalties. There is sometimes an overlap between federal and state charges. However, California has some of the strictest gun laws in the country. Even if you are legally allowed to own a firearm, you can face charges for many reasons. You may face an arrest and charges of a California gun crime if you: Carry and/or possess an illegal firearm (assault rifles) or firearm accessory (such as silencers); Carry and/or possess a firearm if you are not legally allowed to; Improperly transport a loaded, concealed firearm on your person or in your vehicle; Commit crimes with a firearm such as assault, grand theft auto, domestic violence, robbery, or rape; Carry a firearm in public, as you cannot openly carry a firearm, even if unloaded, in public; Bring firearms near schools or government buildings; Failure to register a firearm; Possessing a firearm after receiving a domestic violence conviction; Carrying a gun while possessing a controlled substance. These are a couple of examples of actions where you could run afoul of state or federal laws. Serious gun crimes are often felonies, so the potential consequences are far more serious. Felony convictions can impose significant limitations on your life. What Is a Wobbler? The outcome of a weapons offense depends on the nature of the crime and other factors. Some weapon-related offenses are known as “wobblers,” meaning the prosecution can pursue a misdemeanor or felony conviction. The weapon involved in the alleged crime and your intent could determine how the judge treats the offense. Prior criminal convictions may also factor into the judge’s decision. Examples of consequences for common California weapons offenses are: The possible penalties of a conviction may include jail or prison time, fines, probation, loss of gun rights and a criminal record. However, there are more specific examples of consequences for certain offenses listed below. Possession of an unregistered firearm or concealed carry violations. Many of these crimes, even misdemeanors, carry a 10-year ban on possession of a firearm. Possessing a firearm and a controlled substance. If law enforcement charges you with carrying a gun legally, but while in possession of illegal substances, then you could face stiff penalties and jail time. Assault with a deadly weapon. If you receive an assault with a deadly weapon charge, you could be facing 1 to 4 years in prison and a lifetime firearm ban. Depending on the circumstances, prison or jail time for an assault with a deadly weapon charge may exceed 4 years. There are aggravating factors that can increase the possible penalties. If the alleged crime is a misdemeanor, then you could face a maximum of 1 year in jail. Illegal Weapons in California In addition to firearms, California has a strict ban on many other types of weapons. Being charged with the manufacture, sale, or possession of an illegal weapon can result in serious consequences. Penal Code 16590 contains a list of illegal weapons in California. A few prohibited weapons include: Lipstick case knives Large-capacity magazines Metal knuckles Nunchucks Penalties can include a misdemeanor conviction with up to 1 year in jail and a $1,000 fine. For a felony conviction, you could face up to 3 years behind bars and a $10,000 fine. Defense Strategies for Weapons Charges The strongest legal strategy will depend on the unique circumstances of your situation. However, some common defense strategies for a gun or weapons charge include: You acted defensively to prevent harm to yourself or others; You were wrongfully accused of the alleged crime; Your actions did not actually involve the use of a deadly weapon or were not capable of causing serious harm. Our San Jose gun lawyer can review the circumstances of your potential case and help you determine which defense options may be available. Call us today at (408) 898-9770 or fill out our online form . We are available 24/7 to answer your questions. Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors What Sets Us Apart?  San Jose gun crime lawyer Nick Cvietkovich  can review your situation and help you determine options for fighting gun crime charges.  Local Knowledge & Experience We are a Northern Californian- founded and run firm giving us unique insight into the court system. Well-Known & Respected Team The attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations. Dedicated & Experienced Counsel Our firm has over 15 years of experience and has successfully handled more than 4,500 cases. Contact Us Today If you have been unjustly charged with a crime, you can count on the legal team at Law Offices of Thomas Nicholas Cvietkovich to fight for your rights every step of the way. Schedule your free case evaluation with our team today. Get Started “Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.” “No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you.” “Nick is an excellent attorney who really cares for his clients and knows what he is d DUI Attorney in San Jose | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation DUI DUI Defense Attorney in San Jose Comprehensive Legal Defense: Protecting Your Rights & Interests Driving under the influence of alcohol or drugs is a serious criminal offense. A conviction can have a severe impact on your life, affecting your ability to find housing and employment in the future. Depending on the severity of your alleged crime, you may face financial penalties or even prison time. Moreover, field sobriety tests and blood tests are often faulty, which may result in a false conviction. With so much at stake, contacting a reliable DUI lawyer after an arrest is crucial. Our San Jose DUI attorney can scrutinize the evidence against you and help you mount a strong defense to protect your rights. We also offer guidance on what to expect during court proceedings and how to handle interactions with law enforcement. Request your initial consultation by calling (408) 898-9770 or filling out our online form . Understanding the DUI Legal Process Navigating the legal landscape after a DUI arrest can be overwhelming, especially if you are unfamiliar with the process. Our team of skilled attorneys at the Law Offices of Nick Cvietkovich is dedicated to guiding you through each step of your case, ensuring you understand your rights and options. Here’s a brief overview of what to expect: Initial Consultation: We will discuss your case details, evaluate the circumstances of your arrest, and outline our defense strategy. Pre-Trial Hearings: We represent you at all necessary hearings, negotiating with prosecutors to potentially reduce charges or dismiss the case. Trial Preparation: If your case goes to trial, we prepare by gathering evidence, interviewing witnesses, and building a solid case to advocate on your behalf. Post-Trial Procedures: Whether filing an appeal or helping you understand the consequences of your verdict, we support you every step of the way. We provide advice on managing the impact of your verdict on personal and professional life, offering continued counsel for navigating future legal or bureaucratic hurdles. If you or a loved one is facing DUI charges, it is crucial to have a knowledgeable attorney by your side. Contact the Law Offices of Nick Cvietkovich today to set up your free consultation and start protecting your future. The Importance of Legal Representation in DUI Cases Facing DUI charges can be one of the most overwhelming experiences of your life. The legal landscape is complex, with consequences ranging from fines to jail time, making experienced legal representation crucial. At the Law Offices of Nick Cvietkovich, we understand that every case is unique and requires a tailored approach to achieve the best possible outcome for you. Here are some reasons why strong legal representation makes a difference: Strategic Defense Planning: Our attorneys meticulously analyze your case details, identify weaknesses in the prosecution's arguments, and develop a strategy to protect your rights. We also inform you about changes in state DUI laws impacting your case, ensuring your defense remains relevant and robust. Optimizing Outcomes: We work diligently to negotiate charges, seek reductions, or achieve dismissals, potentially minimizing penalties and keeping your record clean. Informed Guidance: Navigating the legal system can be daunting. We provide clear guidance every step of the way, ensuring you understand your options and the implications of every choice. Emotional Support: Beyond legal counsel, we offer compassionate support during this challenging time, allowing you to focus on your life while we handle your case complexities. Community Knowledge: As a San Jose law firm, we have extensive knowledge of local courts, judges, and legal practices, giving us a strategic advantage in representing you effectively. Our strong relationships within the San Jose legal community often benefit us in negotiating favorable outcomes for our clients. Do not underestimate the impact a skilled DUI defense attorney can have on your case. Contact us today to schedule a consultation and take the first step toward protecting your future. San Jose DUI Court System & Local Procedures The legal proceedings for a DUI in San Jose can be daunting, given the complexity of the local judicial system. The Santa Clara County courts handle DUI cases, requiring navigation of specific protocols unique to San Jose. Understanding local rules and accessing San Jose Superior Court information is crucial. Our firm prides itself on deep familiarity with these local procedures, positioning us to advocate efficiently on your behalf within the local court system. In San Jose, it is essential to know the deadlines for filing motions and the typical timelines within which DUI cases progress. Cases typically begin with an arraignment, followed by pre-trial motions and potentially a trial. Knowledge of how these processes function locally allows our attorneys to strategically time motions or plea negotiations. Such procedural insight, coupled with our commitment to personalized defense strategies, ensures we tailor our approach for each client, optimizing their defense by leveraging in-depth local knowledge. Common Mistakes to Avoid After a DUI Arrest in San Jose After being arrested for a DUI in San Jose, many individuals unintentionally make mistakes that can adversely affect their case outcome. At the Law Offices of Nick Cvietkovich, we guide clients through the do’s and don'ts following an arrest to avoid common pitfalls and ensure the strongest possible defense. One major mistake is neglecting to request a DMV hearing within the required 10-day window. Failure to do so can lead to an automatic suspension of your driver's license. Additionally, discussing the details of your arrest with others, or on social media, can jeopardize your defense if this information is accessed by the prosecution. It is vital to understand that public comments can be used as evidence against you. Another mistake is not seeking qualified legal representation immediately. The sooner you engage a knowledgeable DUI defense attorney, the sooner they can begin to safeguard your rights, collect important evidence, and advise on potential plea deals. By avoiding these common mistakes and working closely with a dedicated DUI lawyer, you can improve your chances of a favorable outcome. DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI What Are Aggravating Factors in a DUI Case? There are certain factors that could lead to steeper criminal penalties for a DUI. Some of those penalties include: Your blood alcohol concentration at the time of arrest; Having prior DUI convictions; Refusing a chemical test after an arrest; Reckless driving; Whether you are 21 years of age or older; Whether children were present in the vehicle. In some cases, aggravating factors could lead to a felony conviction. You should not wait to contact a DUI lawyer after your arrest, especially if there were aggravating factors. Contact us to schedule a free consultation with our San Jose DUI lawyer. It is crucial to understand how these factors may influence your case outcome. Our team helps assess specific details involved in your arrest to determi San Jose Sex Crimes Attorney | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Criminal Law Sex Crimes San Jose Sex Crimes Attorney Defending Those Who Have Been Accused of Sex Crimes in the Bay Area Allegations related to sex crimes are extremely serious. You face life-altering consequences, including stiff penalties, jail time, and/or lifelong sex offender registration. For a defendant guilty of a sex crime, the situation can create feelings of despair. For falsely accused defendants, the very nature of such charges often creates prejudice. Establishing a solid defense that protects your best interests might seem difficult. However, our San Jose sex crime attorney can use strategies to present your narrative. At the  Law Offices of Nick Cvietkovich , we understand how difficult facing charges of sex crimes can be. Our years of experience have allowed us the agency to develop effective defense strategies. As a result, we can use a team of experts to review the allegations against you. Police reports can be reviewed, evidence can be scrutinized, and witnesses can be cross-examined. Have you been accused of a sex crime? Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to schedule a free consultation with our sex crime lawyer in San Jose.   What are the Penalties For Sex Crimes in California? In California, sex crimes are taken very seriously, and the penalties can be severe. Below are some of the most common sex crimes in California, along with their potential penalties: Rape (Penal Code § 261): Rape occurs when someone engages in non-consensual sexual intercourse using force, threats, fraud, or when the victim cannot consent (e.g., due to intoxication or incapacity). It is a felony punishable by 3 to 8 years in prison, with harsher penalties in aggravated cases. Conviction also requires lifetime registration as a sex offender. Statutory Rape (Penal Code § 261.5): Statutory rape is sexual intercourse with a minor (under 18), even if consensual. If the offender is less than three years older than the minor, it is a misdemeanor punishable by up to one year in jail. If the age gap is larger, it becomes a felony with up to four years in prison. Sexual Battery (Penal Code § 243.4): Sexual battery involves unwanted sexual touching of another person’s intimate parts for sexual gratification, abuse, or arousal. It can be charged as a misdemeanor (up to one year in jail) or a felony (up to four years in prison). Felony convictions may also require lifetime sex offender registration. Lewd Acts with a Minor (Penal Code § 288): This crime involves any sexual touching of a child under 14 (or under 16 in some cases) with the intent of sexual gratification. It is always a felony, with penalties ranging from 3 to 8 years in prison, or more if force or coercion is used. Conviction also requires lifetime registration as a sex offender. Indecent Exposure (Penal Code § 314): Indecent exposure occurs when someone willfully exposes their private parts in public or in front of someone likely to be offended. A first offense is a misdemeanor punishable by up to six months in jail, while repeat offenses can lead to felony charges and up to three years in prison. Some convictions require lifetime sex offender registration. Possession of Child Pornography (Penal Code § 311.11): Possessing, distributing, or creating child pornography is illegal in California. A first-time offense can be a misdemeanor (up to one year in jail) or a felony (up to three years in prison), with harsher penalties for distribution or production. Convicted offenders may also have to register as sex offenders. Prostitution and Solicitation (Penal Code §§ 647(b), 653.22): Engaging in, offering, or soliciting sexual acts in exchange for money is illegal. A first offense is a misdemeanor punishable by up to six months in jail and a fine. Repeat offenses can result in increased penalties, including mandatory HIV testing and counseling. Sexual Exploitation of a Minor (Penal Code § 311.3): This crime involves using a minor to create, distribute, or possess obscene material. It is a felony punishable by 16 months to 3 years in prison. Conviction often results in mandatory sex offender registration. Human Trafficking for Sexual Purposes (Penal Code § 236.1): Human trafficking for sexual exploitation involves recruiting, transporting, or forcing someone into commercial sex acts. It is a serious felony punishable by 8 to 20 years to life in prison. Convicted offenders may also face lifetime sex offender registration and asset forfeiture. Failure to Register as a Sex Offender (Penal Code § 290): Sex offenders must register with law enforcement, and failure to do so is a crime. If the original offense was a misdemeanor, failure to register can lead to up to one year in jail. If the original crime was a felony, the penalty can be up to three years in prison. Defenses Against Sex Crime Charges in California Defending against sex crime charges in California requires strategic legal arguments. Here are some common legal defenses used in these cases: Consent: If the alleged victim consented to the sexual activity, this can serve as a defense to charges like rape or sexual battery. However, this defense is not valid if the victim was a minor, intoxicated beyond the ability to consent, or coerced into agreeing. False Allegations: Sex crimes are sometimes falsely reported due to personal motives like revenge, jealousy, custody battles, or misunderstandings. A defense attorney may challenge the accuser’s credibility, present evidence of ulterior motives, or use witness testimony and digital records to prove the allegations are false. Mistaken Identity: Victims may misidentify the perpetrator, especially in cases involving poor lighting, intoxication, or suggestive police procedures. DNA evidence, alibis, and surveillance footage can help prove the accused was not present at the scene. Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt. If there is insufficient physical evidence (such as DNA, injuries, or witness testimony), the defense can argue that the case is based on speculation rather than proof. No Sexual Contact Occurred: If the defendant can prove that no sexual act took place, the charges may be dismissed. This can be supported by alibi evidence, witness testimony, or digital records showing the accused was elsewhere. Entrapment: In cases like solicitation or online sex crimes, law enforcement may conduct sting operations. If the defendant was coerced into committing a crime they would not have otherwise committed, entrapment can be a valid defense. Age Misunderstanding (for Statutory Rape Cases): If the defendant reasonably believed the minor was of legal age due to deception (e.g., fake IDs or false statements), this may be a defense in limited situations. However, California law still holds that ignorance of age is generally not an excuse. Mental Incapacity or Insanity: If the defendant was mentally incapable of understanding their actions at the time of the crime, they may use an insanity defense. This requires expert testimony and proof that the defendant could not distinguish right from wrong. Each defense depends on the specific facts of the case, and an experienced attorney can help determine the best str Is Identity Theft Fraud? | San Jose Criminal Defense Lawyer Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Blog 2017 October Identity Theft As A ... Prev Post | Next Post Identity Theft As A Form Of Fraud By Law Offices Of Thomas Nicholas Cvietkovich October 23, 2017 Fraud may be a common crime, though it is not without victims and not without serious consequences. The idea of “defrauding” someone often brings to mind images of people selling fake Rolexes from open jackets on a dark street corner, but the reality of fraud is much less noticeable, even when it is happening to you. As the world continues to modernize and we increasingly rely on technology to perform all of our daily functions—including those which involve money and the transferring of funds from one account to another—the issue of identity theft is one type of fraud that has proportionately risen in prominence. Roughly 15 million Americans are victims of identity theft annually, resulting in financial losses totaling at least $50 billion. All told, nearly 7 percent of all American adults have been the victim of identity theft. It is true that identity theft used to be a crime most often perpetrated by large criminal organizations, with the capability of sophisticated tracking and phishing technology. As technology changes, however, so does the crime perpetrated via technology. One no longer needs to be a sophisticated criminal to simply hack into someone’s account, and the data sought after by identity thieves is no longer just bank accounts. The theft or unauthorized use of a person’s cell phone line, cable service, government benefits, and financial loans are other types of common identity theft, the number of which has continued to steadily increase in recent years. Monitoring your financial assets can help you to avoid becoming a victim of identity theft. If you have already been the victim of such a crime, you can, free of charge, place a fraud alert on your credit reports and financial accounts to help avoid a similar circumstance in the future. If you have been accused of identity theft, there are several penal codes in California that could apply to your prosecution and potential sentencing. Most carry jail time and hefty fines. You could be charged with falsely personating another, with personal information trafficking, or mail theft. You will also likely be ordered to pay restitution to the victim. If you or someone you know has been charged with such a crime, the most important step is to seek legal counsel. Do not go through it alone. Contact an experienced San Jose criminal defense attorney today. Sources: http://www.identitytheft.info/victims.aspx http://www.ncsl.org/research/financial-services-and-commerce/identity-theft-state-statutes.asp x Categories:  Criminal Law ,   White Collar Crimes Prev Post Next Post Related Posts March 04, 2026 Negotiating Plea Deals for Assault Cases in San Jose Read More March 04, 2026 Understanding Self-Defense Laws in California Assault Cases Read More March 14, 2025 Explaining Unlawful Search and Seizure Read More / 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy What Is the Purpose of the Three Strikes Law in California? Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Blog 2018 September What Is The Purpose ... Prev Post | Next Post What Is The Purpose Of California’s Three Strikes Law? By Law Offices Of Thomas Nicholas Cvietkovich September 14, 2018 The state of California has a three-strikes sentencing law that relates to the state’s criminal justice system. Enacted in 1994, California decided to create a new set of sentencing regulations that would specify what would happen to criminals who have committed multiple crimes. The Three Strikes law’s purpose is to discourage people from executing certain crimes. Over the years, however, this law’s provision relating to sentencing has given harsh penalties to criminals for petty and minor offenses, and so the law’s guidelines have needed to be amended. What Were the Original Three Strikes Law Regulations? Under the Three Strikes law for California, criminal defendants originally faced harsh consequences for future crimes after being convicted of a “serious felony.” The defendant would be sentenced to California prison for twice the term that would have otherwise been required for that crime. Essentially: Strike One: A defendant would have one strike on their criminal record if he or she is convicted of a serious felony. This criminal sentence for the first felony conviction is not directly affected by the Three Strikes law’s regulations. Strike Two : If a defendant is convicted of a serious felony a second time, he or she will be sentenced to twice the amount in prison. This second conviction will add a second strike to your criminal record. Strike Three : If the defendant is convicted for a third serious felony, he or she will automatically be sentenced to 25 years to life in state prison. This sentence is mandatory and imposed regardless of the penalties that would otherwise apply for that offense. In 2012, Proposition 36 updated the Three Strikes law for California citizens. Now, a criminal defendant can only be sentenced to 25 years to life if they have two strikes on their criminal record and then are later convicted of a serious felony. Second, the new proposition allowed a defendant’s third strike to be petitioned to the court if the third offense was not violent or serious. If you are facing any type of criminal charges in California that could be subject to the Three Strikes law, you should contact the Law Offices of Thomas Nicholas Cvietkovich today. Our attorneys could possibly help you reduce your charges if you have been charged unjustly. Call us today to schedule a free consultation. Categories:  Criminal Law Prev Post Next Post Related Posts March 04, 2026 Negotiating Plea Deals for Assault Cases in San Jose Read More March 04, 2026 Understanding Self-Defense Laws in California Assault Cases Read More March 14, 2025 Explaining Unlawful Search and Seizure Read More / 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy Differences Between a Misdemeanor vs. Felony DUI in California Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Blog 2019 October Understanding A ... Prev Post | Next Post Understanding A Misdemeanor From A Felony DUI In California By Law Offices Of Thomas Nicholas Cvietkovich October 15, 2019 In California, a DUI can be considered a wobbler offense. This means that it can be charged as a misdemeanor or a felony depending on the situation. There are many intricacies when deciding between misdemeanor DUI and felony DUI charges in California. What Is a Misdemeanor DUI in California? Misdemeanor DUI charges commonly occur when a defendant is suspected of being intoxicated after a routine traffic stop. A person can have as many as four DUI convictions within a 10-year period before facing felony DUI charges. However, a DUI charge can be upgraded to a felony if someone is injured or killed as a result of the DUI. Types of Felony DUI in California Felony charges may require proving negligence and causation, as well as intoxication. Felony convictions result in mandatory prison sentences and hefty fines. There are several types of felony DUI charges involving injury or death. These charges include: DUI Causing Injury; Vehicular Manslaughter While Intoxicated; Gross Vehicular Manslaughter While Intoxicated; and DUI Second Degree Murder, which involves intended malice. DUI Causing Injury and Vehicular Manslaughter While Intoxicated can be charged as a misdemeanor or a felony, depending on the circumstances. Determining Fault in a DUI Accident A person can be convicted on DUI charges but not be held responsible for a person’s injury or death during the incident. When charging someone with DUI involving injury or death, the prosecution must prove that: The suspect was legally intoxicated while operating the vehicle; The suspect violated a traffic law or acted negligently; and Said violation or negligence caused the injury or death. DUI Defenses Proving that a driver was intoxicated does not automatically mean that he or she caused the accident. A defendant can argue that: The victim was negligent; Another party was responsible; or Adverse road conditions made the accident unavoidable. Need a DUI Lawyer in San Jose, CA? It is more common for DUI incidents involving injury or death to result in felony charges. A San Jose DUI attorney at the Law Offices of Thomas Nicholas Cvietkovich can examine your case to determine your best course for defense. To schedule a free consultation, call us at (408) 898-9770 or fill out our online contact form . Categories:  DUI ,   Felonies and Misdemeanors Prev Post Next Post Related Posts February 04, 2026 Second DUI Offense: What's Different in San Jose? Read More December 30, 2021 Arrested For DUI In San Jose – What Should I Do Next? Read More November 01, 2021 Understanding The Administrative Per Se Law For DUI In California Read More / 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy Domestic Violence FAQs | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Criminal Law Domestic Violence Domestic Violence FA ... Domestic Violence FAQs Our San Jose Domestic Violence Attorney Answers Your Questions Domestic violence can occur between romantic partners or members of the same household. In California, domestic violence is against Penal Code Sections 273.5 and 243(e). You could suffer financial, criminal, and professional consequences if you receive a conviction for domestic violence. However, there are cases where a partner or member of a household wrongfully accuses someone of domestic violence. Depending on the circumstances, it may be possible to reduce or dismiss the charges. Below, our San Jose domestic violence attorney discusses what to know about domestic violence charges in California. Does Domestic Violence Affect Child Custody? Does Domestic Violence Affect Gun Rights? Is Domestic Violence a Felony? Is There a Difference Between Corporal Injury and Spousal Battery? Can Domestic Violence Charges Be Dropped? How Long Do You Go to Jail for Domestic Violence? How Long Does Domestic Violence Stay On Your Record? Does Domestic Violence Affect Child Custody? A domestic violence conviction could affect child custody agreements and orders during a divorce. Ultimately, courts must act within the best interest of children during divorce proceedings. Courts may issue protective orders in cases where one parent has a history of domestic violence. In other cases, a court may allow supervised custody if one parent cannot safely be alone with the child. Does Domestic Violence Affect Gun Rights? A domestic violence conviction could affect your ability to own or purchase a firearm. The federal Domestic Violence Offender Gun Ban, also known as the Lautenberg Amendment, could bar you from owning a firearm for life. You could also be banned from owning or purchasing a firearm for 10 years if you are convicted of stalking. California’s law, which went into effect at the beginning of 2019, extends the ban to cover defendants who have current or former intimate relations with the plaintiff. This means the firearm ban extends to a former girlfriend or boyfriend, cohabitant or fiancé. Is Domestic Violence a Felony? It can be. Domestic violence is a wobbler offense, meaning it can be either a felony or misdemeanor depending on the circumstances. Many domestic violence defendants are arrested on suspicion of corporal injury to a spouse , a violation of Penal Code Section 273.5 . This can be a felony or misdemeanor. Is There a Difference Between Corporal Injury and Spousal Battery? In California, police arrest domestic violence defendants for corporal injury to a spouse or spousal battery. Both are a violation of California Penal Code. Corporal injury to a spouse is often a felony, and is where the spouse suffers a serious injury. If you receive a conviction for corporal injury to your spouse, you could receive up to four years in prison and a fine of $6,000. Can Domestic Violence Charges Be Dropped? Domestic violence charges can be dropped under the right circumstances . You may be able to demonstrate that you were acting in self defense. Additionally, you may be able to demonstrate the other party is not telling the truth. How Long Do You Go to Jail for Domestic Violence? It depends on the nature of the crime. For a corporal injury to spouse conviction, you could face up to four years in prison or one year in jail. You can receive a 30 day jail sentence for a misdemeanor spousal battery charge. Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors What Sets Us Apart? Local Knowledge & Experience We are a Northern Californian- founded and run firm giving us unique insight into the court system. Well-Known & Respected Team The attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations. Dedicated & Experienced Counsel Our firm has over 15 years of experience and has successfully handled more than 4,500 cases. Contact Us Today If you have been unjustly charged with a crime, you can count on the legal team at Law Offices of Thomas Nicholas Cvietkovich to fight for your rights every step of the way. Schedule your free case evaluation with our team today. Get Started “Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.” “No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you.” “Nick is an excellent attorney who really cares for his clients and knows what he is doing. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end.” “I hired one of his associates a couple of years ago like 4 or 5 years ago. Best help I got. I Am so thankful and Mr. Nick inspired me to pursue a career in law firm.” “Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney.” / Read More Testimonials How Long Does Domestic Violence Stay On Your Record? Forever. If you receive a domestic violence conviction, it stays on your record. It is very important to consider working with a criminal defense attorney if you are facing any type of criminal charge. Contact our San Jose domestic violence attorney to schedule a free consultation . You Deserve an Advocate Free & Confidential Consultations First Name Please enter your first name. Last Name Please enter your last name. Phone Please enter your phone number. This isn't a valid phone number. Email Please enter your email address. This isn't a valid email address. Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. Please make a selection. How can we help you? Please enter a message. By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy Send Message 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy Daniel Lofgren | Law Offices of Thomas Nicholas Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation About the Firm Daniel Lofgren Services Handled Criminal Law DUI Bio Credentials Daniel Lofgren Associate Family: Daniel Lofgren is a 10 year veteran of the South Bay Area criminal and family courts. He is an associate attorney for criminal defense matters at the Law Office of Thomas Nicholas Cvietkovich, and practices individual Family Law representation out of the same office. For those ten years his practice has been a one-on-one attorney-to-client practice for all of his family law clients. Daniel is an experienced family law trial attorney with extensive trial experience in the fields of Divorce, Custody, Visitation, Child Support, Spousal Support, Division of property, Restraining Orders, Parentage actions and Guardianships . His experience also covers criminal misdemeanor matters such as DUI’s, Domestic violence, Theft, Fraud, solicitation of prostitution, and other miscellaneous criminal matters . While Daniel has substantial trial experience and victories, he prides himself most on the substantial majority of cases that are fully resolved to the client’s satisfaction without ever going to trial. He strongly believes that the job of an attorney is to bring his clients justice. Approaching a case with the confidence to deliver justice without needing to put clients through unnecessary, time consuming and expensive litigation is what he feels is the mark of an attorney who is working for their clients, not for billable hours. Divorce is hard. It’s emotional and complicated. Every step of the way involves dealing with your Ex, which is probably the single most stressful thing in your life right now. Having an attorney to step in and handle these matters with experience and compassion make all the world of a difference. Daniel Lofgren can do that for you. Criminal Daniel Lofgren is a 10 year veteran of the South Bay Area criminal and family courts. He is an associate attorney for criminal defense matters at the Law Office of Thomas Nicholas Cvietkovich, and practices individual Family Law representation out of the same office. For those ten years he has resolved hundreds of criminal cases to his clients full satisfaction. Daniel is an experienced criminal defense attorney with extensive experience in the fields of DUI’s, Domestic violence, Theft, Fraud, solicitation of prostitution, and other miscellaneous criminal matters . He additionally has a family practice that covers Divorce, Custody, Visitation, Child Support, Spousal Support, Division of property, Restraining Orders, Parentage actions and Guardianships . Prior to his entry into private practice, Daniel Lofgren held a position at the Amador County district attorney’s office as a law clerk assisting in the responses to the hundreds of sentencing petitions filed in response to California’s large scale sentencing realignment in 2013. When you are charged with a crime, you are standing alone against the police, against the prosecutors, and often against the courts themselves. It is overwhelming, confusing and disheartening. You may feel like you are stuck in a swamp, with no clear path forwards. Daniel Lofgren focuses on the client with patience and compassion, and will make sure that you not only get through this, but that you will understand your situation and what we are doing to help. Education Juris Doctorate in Criminal Justice and Law Enforcement Administration McGeorge School of Law Sacramento , CA 2014 Contact Us Let Us Advocate For You First Name Please enter your first name. Last Name Please enter your last name. Phone Please enter your phone number. This isn't a valid phone number. Email Please enter your email address. This isn't a valid email address. Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. Please make a selection. How can we help you? Please enter a message. By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy Send Message 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy Juvenile DUI Attorney in San Jose | Law Offices of Thomas Nicholas Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation DUI Underage DUI Juvenile DUI Attorney in San Jose Support for Families Facing Underage DUI Charges in San Jose When your child faces a DUI Defense charge in San Jose, everything feels uncertain. You want guidance, answers, and an advocate who truly cares. At the Law Offices of Thomas Nicholas Cvietkovich , we help families navigate juvenile and underage DUI cases with clear strategies and personal attention. We stand by your side, address your concerns, and help chart the best path forward for your family’s future. San Jose’s legal environment requires practical knowledge of local processes when defending against juvenile or underage DUI charges. Our team has worked with families across Santa Clara County, providing local insight and a responsive approach for juvenile DUI matters. We take care to prepare you for each court appearance, school hearing, or probation meeting you may face. You gain confidence with our juvenile DUI attorneys because we offer support that reflects real understanding of the pressures faced by Bay Area families. Call (408) 898-9770 to schedule your private consultation today. DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Why Choose Our Juvenile & Underage DUI Lawyers in San Jose When families in the San Jose area need a juvenile DUI attorney who listens and cares, they choose us because of how we treat every client—as people, not case files. Our firm’s strength lies in a balanced approach that combines skilled advocacy with real empathy. Founder Nick Cvietkovich’s drive to help people is central to our philosophy: we listen fully, explain every step, and shape our strategies around your child’s unique circumstances. We understand the pressures and challenges local youth face, including school, family, and community expectations. This perspective improves your experience during a stressful process, helping you feel supported from start to finish. We know families want to clearly understand every option. Our attorneys keep communication clear through regular updates and straightforward advice, breaking down legal language into practical steps. We apply our background in family and Criminal Defense to provide insights when a juvenile or underage DUI case overlaps with other legal needs. You always receive strategies tailored to your family and lasting reassurance about the path ahead. How Our Juvenile DUI Attorneys in San Jose Guide Your Family Juvenile and underage DUI offenses in California carry real consequences for minors and their families. San Jose courts focus not only on accountability but also on the opportunity for growth. Our underage DUI lawyers guide each family through the system with attention to minimizing long-term harm and preserving future opportunities for your child. When you work with the Law Offices of Thomas Nicholas Cvietkovich, we begin by listening to your story and understanding your goals. In Santa Clara County, judges and probation officers often give weight to a child’s background, positive influences, and willingness to engage in growth. Our attorneys help you prepare for these important factors, whether that means gathering character references or understanding court expectations. When you prepare with us, you know what matters to the people making decisions about your child’s future. Personalized advocacy: Every young person’s story matters. We get to know your family and customize our approach to you, not just the charges. Clear communication: We explain what to expect at every step, answer your questions, and provide updates so you always know where things stand. Knowledge of local courts: Our experience with San Jose’s juvenile and criminal court systems helps us navigate unique regional procedures and requirements. Support during stressful times: We recognize the emotional weight of these cases. We offer guidance with empathy, empowering you to make informed decisions and focus on your child’s wellbeing. Timing and process matter in juvenile DUI cases . San Jose-area families must react quickly to notices, hearings, and school requirements, so we clarify deadlines and offer steady communication whenever you need reassurance. We help you prepare your teen for their interactions with court staff or counselors, and we create an action plan that reflects the court’s style and local values. Our focus on clear next steps and open communication ensures you never face the process alone.   What Happens After a Juvenile or Underage DUI Arrest in San Jose? Families often wonder what to expect after a child is arrested or cited for DUI. In Santa Clara County, juvenile DUI offenses are generally handled through the juvenile justice system, rather than adult court. Under California’s zero-tolerance laws, any measurable amount of alcohol in a driver under 21 can result in administrative or criminal consequences. The process typically includes arrest or citation, notification of parents, and a court hearing if charges are filed. The outcome may include license suspension, alcohol education, community service, or other conditions designed to address underlying issues while promoting growth and responsibility. Our attorneys guide your family through the local process, clarifying how laws such as Vehicle Code Section 23136 (zero tolerance for drivers under 21) and Section 23140 (DUI for underage drivers with a BAC of 0.05% or more) may determine what comes next. Different Santa Clara County judges approach rehabilitation and accountability in unique ways, and we help you anticipate what matters most in your specific case. Our role centers on clear explanation and supportive guidance, making each stage of the process more manageable for the whole family. Probation, Programs, & Local Agencies After court, your teen may interact with agencies such as the Santa Clara County Probation Department, which can include meetings, check-ins, or assessments to support positive choices moving forward. When the court recommends alcohol education or community service, we help you understand how these programs work and what compliance involves. Active participation in court-ordered programs often results in better outcomes, especially when families work together to show commitment. Timelines, Hearings, & Parental Involvement Families facing a juvenile DUI case in San Jose often need to respond quickly as court hearings and school notifications all occur on specific timelines. We outline what to expect at each phase of the process, keep you aware of key deadlines, and explain the reasoning behind each court action or document. By providing step-by-step guidance and reminders, we help you stay organized and prepared—reducing stress and the risk of surprises. Steps To Take After Underage DUI Contact Us Today At the Law Offices of Nick Cvietkovich, we understand that good people sometimes find themselves in tough situations. A DUI charge does not have to ruin your life. Our San Jose DUI attorney can help you defend yourself against drunk driving charges. Work With Our Team “Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reas San Jose Felony And Misdemeanor Attorney | Law Offices of Thomas Nicholas Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Criminal Law Felonies and Misdeme ... Bay Area Felony And Misdemeanor Attorney Our San Jose Felony Attorney Defends Felonies and Misdemeanors When you have been charged with a crime, it is important to understand the seriousness of the allegation. Depending on the charge, and sometimes on the circumstances of the case, an alleged crime will be prosecuted as either a felony or misdemeanor. Statutorily, misdemeanors are lesser offenses than felonies. However, treating misdemeanor charges lightly is a mistake. What Are Felonies in California? Under California law, the most egregious criminal acts are classified as felonies. While California does not use a class-ranking system, the state does recognize several separate categories of felony crimes. Felony categories in California include: White Collar Felonies. White collar crime includes non-violent offenses. Examples include fraud , bribery, identity theft, and computer crimes. Drug Felonies. Felony charges related to drugs include distribution, manufacturing, and possession with intent to distribute. Sex Felonies. Sex crimes include sexual assault, sexual abuse, illegal pornography, and sexual abuse of a child. Violent and Serious Felonies. The most serious category of felony charges includes kidnapping, murder, manslaughter, arson, California felony DUI and others. Felony charges are extremely serious. They carry penalties ranging from 16 months in prison and fines up to life imprisonment. The nature and severity of the penalties depend on the individual charges and the circumstances of the case. California’s Three Strikes Law also provides minimum sentencing of 25 years in prison for an individual’s third felony conviction. What Are Misdemeanors in California? Misdemeanor charges are generally less serious and are not specifically categorized under law. California misdemeanors include offenses such as: Petty theft and shoplifting Domestic battery DUI Probation violations California also recognizes an intermediate category of offenses known as “wobblers.” These charges, at their most simple, are classified as misdemeanors. However, circumstantial factors, including location, victim, and level of aggravation, may elevate the offense to a felony. Offenses that may be considered wobblers include: Theft and property crimes; Drug possession; Assault and battery; Criminal threats; Embezzlement; and Weapons charges. If you have a felony or misdemeanor charge, the attorney you choose can make all the difference. Contact the Law Offices of Thomas Nicholas Cvietkovich to discuss your defense options under California law. We proudly serve clients in San Jose, Santa Clara, Palo Alto, Campbell, San Francisco, Oakland, and throughout the Bay Area. Call us at (408) 898-9770 today. Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors What Sets Us Apart? At the Law Offices of Thomas Nicholas Cvietkovich , our San Jose felony attorney knows that even misdemeanors can remain on an individual’s criminal history for many years. In addition, the direct legal consequences, including probation, fines, and prison sentences may also be severe. Local Knowledge & Experience We are a Northern Californian- founded and run firm giving us unique insight into the court system. Well-Known & Respected Team The attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations. Dedicated & Experienced Counsel Our firm has over 15 years of experience and has successfully handled more than 4,500 cases. Contact Us Today If you have been unjustly charged with a crime, you can count on the legal team at Law Offices of Thomas Nicholas Cvietkovich to fight for your rights every step of the way. Schedule your free case evaluation with our team today. Get Started “Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.” “No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you.” “Nick is an excellent attorney who really cares for his clients and knows what he is doing. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end.” “I hired one of his associates a couple of years ago like 4 or 5 years ago. Best help I got. I Am so thankful and Mr. Nick inspired me to pursue a career in law firm.” “Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney.” / Read More Testimonials Get Felony and Misdemeanor Defense in San Jose and Santa Clara County Attorney Nick Cvietkovich has handled thousands of cases. He understands that thorough investigation of your situation is the key to a successful defense. By uncovering all the facts, he is able to use every available resource to solidify your case. Additionally, his experience and extensive knowledge of the law allow him to negotiate with prosecutors, often resulting in reduced or even eliminated charges. You Deserve an Advocate Free & Confidential Consultations First Name Please enter your first name. Last Name Please enter your last name. Phone Please enter your phone number. This isn't a valid phone number. Email Please enter your email address. This isn't a valid email address. Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. Please make a selection. How can we help you? Please enter a message. By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy Send Message 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy San Jose Fraud Lawyer | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Criminal Law Fraud San Jose Fraud Lawyer Experienced Defense Against Fraud Charges in CA Accusations of fraud can result in very severe charges including tremendous fines and extended jail time. One way you can reduce or eliminate your sentence if you have been wrongfully accused or had mitigating circumstances is to enlist the aid of an experienced San Jose fraud lawyer like Nick Cvietkovich . Accused of fraud? Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to speak with our fraud crimes attorney in San Jose! Criminal Fraud and Deceit in California Criminal Law The California Civil Code that governs cases in San Jose can be a bit confusing at times. Fraud and deceit are two similar but related crimes, and the Civil Code defines them differently. Furthermore, fraud itself is divided into two categories: actual fraud and constructive fraud. Deceit involves the willful misleading of another in order to gain in some manner. Actual fraud is defined as a set of acts performed with the intent to deceive a party into signing a contract. Constructive fraud can be any similar act or act of omission, but not necessarily performed with an intent to deceive. Sometimes constructive fraud occurs by accident, but if you are charged with it you can still be liable for damages. As you can imagine, the breakdown of each of these categories of fraud and deceit is also quite complex, and different charges carry different consequences. The complexities are further confused by the fact that many of the same definitions apply to different categories. For example, “intentional misrepresentation” can count as either fraud or deceit, depending on the circumstances surrounding the false information. Likewise, promises which are made without any intent to follow through may count in either category as well. Whichever type of fraud you are accused of, seeking the assistance of an experienced attorney is important. A San Jose fraud attorney can help you to understand exactly what you are being accused of and why. With our help, you may be able to reduce your charges or even demonstrate your innocence. There are many different types of fraud cases which we can handle. Some of these include: Healthcare fraud Research fraud Pharmaceutical fraud Tax fraud (this is one very common type of fraud) Corporate defense contractor fraud Disaster relief fraud. Just as we can help you out with cases of actual fraud, we can also represent you if you are accused of constructive fraud or deceit. What Are the Penalties for Fraud in California? The penalties for fraud in California vary depending on the type and severity of the offense, but generally include fines, jail or prison time, probation, and restitution to victims. Fraud can be charged as either a misdemeanor or a felony : Misdemeanor fraud typically carries up to 1 year in county jail and/or fines. Felony fraud can lead to 16 months to 5 years (or more) in state prison, larger fines, and a criminal record. In addition, courts may order restitution, requiring the offender to repay stolen money or damages. More serious or large-scale fraud cases may also be prosecuted at the federal level, with significantly harsher penalties. What Should I Do if I'm Accused of Fraud? Do Not Speak to Authorities Without a Lawyer: Anything you say can be used against you. Politely decline to answer questions until you have legal representation. Hire a Criminal Defense Attorney: Find a lawyer with experience handling fraud cases in California. An attorney will help protect your rights, evaluate the evidence, and build a defense. Preserve All Evidence: Keep any documents, emails, texts, receipts, or financial records that may support your case. Do not destroy or alter anything — that could lead to additional charges. Avoid Contact With Alleged Victims or Witnesses: Communicating with them could be misinterpreted as intimidation or obstruction. Follow All Legal Instructions: If you're formally charged, appear in court on time and comply with any release conditions. If you're being investigated but not yet charged, stay cooperative through your attorney. Do Not Post About the Case on Social Media: Anything you post online could be used as evidence or hurt your credibility. Understand the Charges: Ask your attorney to explain the charges, possible penalties, and your legal options. If you are ready to start fighting your fraud charges, then contact us now at (408) 898-9770 for a free consultation. Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors What Sets Us Apart? The Law Offices of Thomas Nicholas Cvietkovich has handled many fraud cases in the past, and we can help you to understand the complex legal code surrounding these cases. Local Knowledge & Experience We are a Northern Californian- founded and run firm giving us unique insight into the court system. Well-Known & Respected Team The attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations. Dedicated & Experienced Counsel Our firm has over 15 years of experience and has successfully handled more than 4,500 cases. Contact Us Today If you have been unjustly charged with a crime, you can count on the legal team at Law Offices of Thomas Nicholas Cvietkovich to fight for your rights every step of the way. Schedule your free case evaluation with our team today. Get Started “Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.” “No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you.” “Nick is an excellent attorney who really cares for his clients and knows what he is doing. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end.” “I hired one of his associates a couple of years ago like 4 or 5 years ago. Best help I got. I Am so thankful and Mr. Nick inspired me to pursue a career in law firm.” “Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney.” / Read More Testimonials Schedule a Free, Confidential Consultation With Our San Jose Fraud Lawyer The Law Offices of Thomas Nicholas Cvietkovich has dealt with thousands of cases in San Jose. When you’re facing charges, it can be a confusing and frustrating time, and you may be struggling with financial resources. If so, you will be relieved to know that we offer payment plans, and your initial consultation to review the details of your case is completely free. You Deserve an Advocate Free & Confi What Is Considered an Internet-Facilitated Sexual Offense? Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Blog 2018 February What Is An ... Prev Post | Next Post What Is An Internet-Facilitated Sex Offense? By Law Offices Of Thomas Nicholas Cvietkovich February 15, 2018 With the Internet being widely used by people of all ages all around the world, there has been a growing concern that individuals will utilize this tool to commit sexual offenses. In response to this concern, several laws have been passed to protect children and other vulnerable parties from online sexual exploitation. As a result, there has been an increase in arrests and registrations of online sex offenders in the past few years. However, what online behavior is considered a sexual offense? The most common forms of Internet-facilitated sexual offenses involve children and include: Viewing, trading, or creating child pornography to share online Contacting a child online for sexual chats or to solicit pornographic images of the child (such as the child posing nude) Arranging meetings to commit sexual offenses with a vulnerable party Not only can the possession of child pornography break state law, but should pornographic images of children be distributed across state lines, charges can be bumped to federal offenses. If the intent of the action is proven, penalties can include heavy fines, long prison sentences, and registration as a child sex offender. There are other types of cybersex crimes outside of those involving children, and some are defined by the state rather than the federal government. Cyberstalking, prostitution, even human trafficking can take place online and come with their own intense penalties. There have also been reports of online rape occurring in sexual cyberspaces such as those used in the popular PC game World of Warcraft. There have also been instances where cybersex crimes spilled out into the real world and caused increased harm to the victims. In these cases, children and teens had been lured out of their homes and kidnapped, sexually assaulted, or even killed by a criminal they chatted with online. Being accused of a sex crime can come with devastating consequences. If you are dealing with allegations of sex crimes, the team at the Law Offices of Thomas Nicholas Cvietkovich is here for you. Contact us today to schedule a free consultation. Categories:  Sex Crimes Prev Post Next Post Related Posts February 14, 2019 Could I Go To Jail For Sexting? Read More October 19, 2018 Child Molestation Accusations In California Read More October 23, 2017 Prevalence Of Online Sexual Crimes Read More / 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy California DUI FAQs | Law Offices of Thomas Nicholas Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation DUI California DUI FAQs DUI FAQs Our San Jose DUI Lawyer Answers Your Questions A drunk driving conviction in California can lead to major legal consequences . You could face fines, professional license suspension or even incarceration. However, there are possible defense options that can help fight DUI charges. There are also actions you can take during a DUI stop or while in police custody to reduce the chances of a conviction. Below, our San Jose DUI lawyer answers common questions about DUI laws in California. What Are the Penalties for a California DUI? The penalties for DUI conviction depend on the circumstances. Factors that can influence the penalties include: Minors under the age of 14 were in the vehicle Multiple prior DUI arrests Injuries or deaths that occurred during a DUI-related crash Your BAC (blood alcohol concentration/content) Refusing a chemical test after an arrest Speeding or driving recklessly Whether you are over the age of 21 As you can see, there are a number of possible aggravating factors that can worsen the outcome of a DUI case. Penalties can include fines, license suspension, professional license suspension, probation and incarceration. You may also have to take a substance abuse course and may have to install an ignition interlock device in your vehicle. Can Police Take My License During a DUI Stop? If police place you under arrest during a DUI stop, then they may confiscate your California driver’s license . You may receive a temporary or restricted license. If the DMV upholds the decision to suspend your license, then you have the opportunity to request a hearing to contest the license suspension. Our San Jose DUI attorney can represent you during a DMV license suspension hearing. Are There Defense Options for a DUI? There are ways to potentially fight a DUI charge in California. Scenarios that may help with a DUI defense include: Faulty sobriety test equipment, such as a breathalyzer Medical conditions or medication that caused you to fail a sobriety test The officer lacked reasonable suspicion to pull you over The officer conducted a faulty field sobriety test Improper administration of a PAS or chemical test Improper police conduct These are only a few examples of situations where a DUI lawyer may be able to fight against a conviction . However, it is extremely important to contact an attorney as soon as possible after your arrest. Should I Talk to the Police While in Custody? There are a number of mistakes you could make while in police custody that may increase the chances of a conviction. Talking to the police while in custody is one of the worst mistakes you could make. You should request to have a lawyer present and say nothing else. Additionally, after your release from custody, you should avoid talking about your arrest on social media. Keep in mind, anything you say to the police or on Facebook may be used by a prosecutor. It is better to play it safe and allow your attorney to do the talking. You can schedule a free initial consultation with Nick by dialing (408) 898-9770 or by using the contact form on our site . DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Can I Avoid a DUI Checkpoint in California? There are no penalties for avoiding a DUI checkpoint in California. However, avoiding a checkpoint may arouse suspicion. An officer cannot pull you over and arrest you for avoiding the checkpoint if you are not breaking any laws.  Police may temporarily detain you if they have reasonable suspicion that you committed a crime. Additionally, police may pull you over for traffic violations, such as an illegal U-turn or a broken taillight.  Do I Have to Take a Field Sobriety Test? There are different types of field sobriety tests an officer may conduct during a DUI stop. The Standardized Field Sobriety Test (SFT) is a series of tests designed to determine whether a person is inebriated. During an SFT, the officer may ask you to walk in a straight line and turn or stand on one leg and count to 30. Fortunately, you do not have to take these tests , nor should you take these tests. You could very easily fail an SFT even if you are sober. Worse, the officer’s dashboard camera will likely record a failed SFT, and the footage could be used against you in court.  There are roadside DUI tests you may have to take, such as the preliminary alcohol screening (PAS). During this test, you may have to blow into a breathalyzer. However, you only have to take a PAS if you are on probation for a prior DUI or are a minor suspected of violating California’s Zero Tolerance Law. You can refuse a PAS if neither applies to your situation. However, it is possible the officer will arrest you and require you to take a chemical test. There are DUI chemical tests that you must take while in police custody. Refusing to take this test could result in additional penalties.  Do I Need a San Jose DUI Attorney? There are multiple advantages to having a criminal defense attorney , some of which we discussed above. An attorney may be able to gather and protect evidence that proves your innocence. If necessary, an attorney can represent you during a DMV license suspension hearing or before a judge. Additionally, a DUI attorney may be able to work with the prosecutor to reduce your penalties.  Although public defenders provide an extremely valuable public service, you should strongly consider hiring an attorney that focuses his or her practice on DUI defense in California .  Contact Us Today At the Law Offices of Nick Cvietkovich, we understand that good people sometimes find themselves in tough situations. A DUI charge does not have to ruin your life. Our San Jose DUI attorney can help you defend yourself against drunk driving charges. Work With Our Team “Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.” Read More Testimonials Contact Our San Jose DUI Lawyer for More Information  Have additional questions about DUI charges? We encourage you to reach out to our San Jose DUI lawyer for assistance. Nick Cvietkovich has extensive experience with DUI cases in California.  You Deserve an Advocate Free & Confidential Consultations First Name Please enter your first name. Last Name Please enter your last name. Phone Please enter your phone number. This isn't a valid phone number. Email Please enter your email address. This isn't a valid email address. Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. Please make a selection. How can we help you? Please enter a message. By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy Send Message 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be take Refusing a Field Sobriety Test in San Jose | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation DUI Field Sobriety Test Have You Refused A Field Sobriety Test? Our San Jose DUI Defense Attorney Is Certified in Field Sobriety Test Procedures Being stopped on suspicion of  DUI can be overwhelming. For example, law enforcement often pressures drivers to admit guilt on the spot. Even if you have done nothing illegal, prosecutors can trump up charges to make you feel like you must admit guilt in order to avoid penalties. If you have been arrested for a DUI and refused a blood or breath test, you still have options available. Our DUI attorney in San Jose, CA can help you understand your rights. We can also help you build a defense that protects your best interests. At the  Law Offices of Thomas Nicholas Cvietkovich , we have helped hundreds of clients who were arrested for a DUI in the Bay Area. For years, our San Jose criminal law firm has highlighted facts that have strengthened our clients’ defense. Our success stems from our years of experience, reliable legal strategies and dedicated, personalized representation. In addition, our San Jose DUI defense attorney is certified in DUI field sobriety testing procedures. This means you can be confident that we can find and uphold the facts when you hire our firm. When Can I Refuse a Field Sobriety Test (FST)? Your legal ability to refuse a sobriety test is largely determined by whether you are asked to submit to testing pre or post-arrest. These tests can require you to submit a breath, urine or blood sample. In general, before arrest, you have more options to refuse a field sobriety test. However, after an arrest, things can get more complicated. Some factors our Bay Area DUI defense attorney will consider depend on if you are: Arrested for DUI. You can face a license suspension penalty of up to 3 years and a fine if you refuse a FST after arrest. The additional severity of your penalties will depend on prior convictions and if there is a reckless driving charge involved. In some cases, you can be found guilty even if there is no test proving your blood alcohol content (BAC) was above the legal limit. Alleged DUI. As a rule, you do not need to submit to a field sobriety test if you are not under arrest. Nonetheless, police may ask you to go through a pre-arrest screening process. In most cases, the police will use a breathalyzer or similar device. This device tests levels of alcohol present. In these cases, it can work in your best interest to refuse the test. Understanding the Consequences of Refusing a Field Sobriety Test If you find yourself facing a DUI stop, it’s crucial to understand the ramifications of refusing a field sobriety test (FST). Although you have the right to refuse, there are specific legal implications associated with that decision. Refusing a test can lead to immediate repercussions, such as a suspension of your driver's license and potential unfortunate assumptions made about your sobriety. It's essential to navigate these situations carefully, and having a knowledgeable attorney by your side can make all the difference. Here’s why consulting with our San Jose DUI defense team is beneficial: Expert Legal Guidance: Our attorneys specialize in DUI cases and are well-versed in the nuances of California DUI laws. We’ll provide clarity on your rights and options. Strong Defense Strategies: We can develop a robust defense tailored to your unique circumstances, potentially reducing the penalties you face or achieving a favorable outcome. Support Through the Legal Process: Facing a DUI charge can be overwhelming. We offer support and reassurance, guiding you through every step of your case. Informed Decisions: Understanding the pros and cons of refusing an FST helps you make informed decisions that align with your best interests. Don’t leave your future to chance. Contact the Law Offices of Nick Cvietkovich today for a free consultation and let us help you navigate the complexities of DUI laws in San Jose. Navigating the Consequences of a DUI Charge Facing a DUI charge can be overwhelming, and it's essential to understand the potential legal ramifications you may encounter. The Law Offices of Nick Cvietkovich are dedicated to providing you with clear guidance on what comes next in the process. Understanding the consequences can empower you to make informed decisions about your defense strategy. Here's what you need to know about the implications of a DUI charge in California: License Suspension: A DUI conviction can lead to immediate suspension of your driving privileges. Our attorneys can help you navigate the DMV hearing process and work to minimize the impact on your driving record. Fines and Penalties: DUI offenses can carry hefty fines and increased insurance rates. We can provide strategies to potentially mitigate these financial burdens. Potential Jail Time: Depending on your case, jail time may be a possibility. Our experienced attorneys will craft a robust defense to strive for the best possible outcome. Impact on Employment: A DUI charge can have significant repercussions on your job, especially if driving is a part of your work. We offer tailored legal counsel to help protect your professional reputation. At the Law Offices of Nick Cvietkovich, our San Jose DUI Defense attorneys are here to support you at every step of the way. If you've been charged with a DUI, don't hesitate to reach out; we can help you understand your rights and options for moving forward. Contact us online  or call the Law Offices of Thomas Nicholas Cvietkovich at  (408) 898-9770   to schedule your free consultation. DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI What Factors Determine Possible Penalties When I Refuse a Blood Test in California? Refusing a blood test can impact the severity of penalties and/or fines. Ultimately, law enforcement will consider the seriousness of your refusal to comply based on the situation in which you refused the field sobriety test. This is primarily due to the “ implied consent ” that is statutorily included in California state law. Since this is the case, the best way to protect your best interest is to contact our DUI attorney in San Jose, CA. Our firm can help you navigate implied consent mandates, some involving but not limited to: BAC Testing Upon Arrest. After an arrest for DUI, the implied consent law takes effect. This requires the individual to submit to breath testing at the scene, or blood or urine testing at an available facility. Refusal to submit to testing after an arrest is much more serious. If convicted of the DUI charge, the act of refusal may result in more criminal penalties. The subsequent penalties are dependent of the facts of the case and the DUI history of the driver. Preliminary Sobriety Testing. In conjunction with physical coordination tests, an officer may request that a driver submit to a breath test, commonly called a breathalyzer. At this stage, a driver may refuse the breathalyzer without specific penalty under implied consent. The officer may arrest the driver on suspicion of DUI. And, in some cases, the police may present the refusal as evidence of the driver’s knowledge of guilt. The officer may also constr Privacy Policy | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Privacy Policy We recognize that you may be concerned about our use and disclosure of your personal information. 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This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy Josselyn Thomas | Law Offices of Thomas Nicholas Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation About the Firm Josselyn Thomas Bio Josselyn Thomas Josselyn Thomas is the Front Office Manager at the Law Office of Thomas Cvietkovich, where she has been a key part of the team since 2021. Fluent in both English and Spanish, Josselyn plays an essential role in strengthening communication between the firm’s attorneys and their diverse clientele. A proud first-generation college graduate from the University of California, Santa Cruz, Josselyn holds a double major in Politics and Legal Studies. With a strong background in legal administration, Josselyn supports attorneys in managing complex caseloads and meeting tight deadlines. Her day-to-day responsibilities include scheduling client consultations, handling email and phone inquiries, organizing case files, monitoring pending cases, and coordinating discovery requests. She also obtains relevant information from district attorney offices and court systems, providing valuable case support. Josselyn brings a unique depth of experience to her role, with prior positions as a legal investigator and at a senior citizens legal services center, where she worked and learned alongside civil attorneys. She is particularly passionate about supporting clients through criminal defense and family law matters—often some of the most vulnerable and difficult moments in a person’s life. In addition to managing front office operations, Josselyn assists with translation services—helping clients understand plea offers and legal options—and facilitates referrals to immigration attorneys when immigration matters intersect with criminal defense cases. She is highly organized, detail-oriented, and always maintains the highest standard of confidentiality. Josselyn takes great pride in making every client feel welcomed, heard, and supported throughout their legal journey. Contact Us Let Us Advocate For You First Name Please enter your first name. Last Name Please enter your last name. Phone Please enter your phone number. This isn't a valid phone number. Email Please enter your email address. This isn't a valid email address. Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. Please make a selection. How can we help you? Please enter a message. By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy Send Message 408-898-9770 675 N. First Street Suite 1050 San Jose, CA 95112 Map & Directions Home About the Firm Criminal Law DUI Testimonials Contact The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy Thomas Nicholas Cvietkovich | Law Offices of Thomas Nicholas Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation About the Firm Thomas Nicholas Cvie ... Services Handled Criminal Law Assault Felonies and Misdemeanors Overturning a Search Warrant DUI Drug Crimes Sex Crimes Domestic Violence Theft Crimes Gun Crimes Juvenile Crimes Fraud White Collar Crimes Bio Credentials Thomas Nicholas Cvietkovich Partner San Jose criminal defense attorney Nick Cvietkovich is passionate about vigorously representing his clients. His Jesuit education instilled in him the philosophy of putting others ahead of himself. He attended Catholic schools from 1st grade through law school. He graduated from Bellarmine College Preparatory and then went on to graduate from Santa Clara University where he double-majored in English and Philosophy. He went straight into law school and graduated from Santa Clara University School of Law. While in law school Mr. Cvietkovich interned with the California Innocence Project and the Santa Clara County Public Defender’s Office where he won the first motion he ever argued. My name is Nick Cvietkovich, and I founded this firm on a commitment to set the standard for criminal defense in the Bay Area. When you need an experienced attorney to make sure that your rights are protected, no one will fight more aggressively on your behalf than me. I have the tools to get results and secure your justice. My firm has an extensive and intricate understanding of legal procedures, from DUIs to traffic violations to sex and drug crimes. When you need to be sure that you are getting the very best legal representation, and not some fly-by-night attorney who is only interested in settling your case as soon as possible, trust the experts at The Law Offices of Thomas Nicholas Cvietkovich to do everything in their power to get the best possible ruling on your case. Upon graduating from law school Mr. Cvietkovich worked for the Placer County Public Defender’s Office. He began his career defending juveniles in Delinquency Court. He then moved to the DUI team where he won his first trial! After winning multiple trials Mr. Cvietkovich had gained a reputation for excellence and was recruited to a private law firm in San Jose. At this new firm, Mr. Cvietkovich began to defend major felony and strike cases. After a few years, Mr. Cvietkovich decided he could best serve his clients by opening his own office. Mr. Cvietkovich is very well-connected in the Bay Area being a 6th generation resident of San Jose. He currently works in the same building where his great-uncle had a law practice from the 1960s to the 1980s. Mr. Cvietkovich has handled over 3000 cases in his career and he uses his vast experience to aggressively defend his clients. Mr. Cvietkovich is a member of the Santa Clara County Bar Association and the California Public Defender’s Association. To find out about our flexible and affordable payment options or to receive a free consultation, please contact us today at (408) 898-9770 . Bar Admissions California Professional Memberships and Associations National Association of Criminal Defense Lawyers Silicon Valley Capital Club Santa Clara County Bar Association San Mateo County Bar Association California DUI Lawyers Association California Attorneys for Criminal Justice California Public Defenders Association Education Bachelor of Arts: English Santa Clara University Santa Clara , CA Juris Doctorate Santa Clara University School of Law Santa Clara , CA Contact Us Let Us Advocate For You First Name Please enter your first name. Last Name Please enter your last name. Phone Please enter your phone number. This isn't a valid phone number. Email Please enter your email address. This isn't a valid email address. Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. Please make a selection. How can we help you? Please enter a message. 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This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2026 All Rights Reserved.   Your Privacy Choices Site Map Privacy Policy San Jose Drug Crime Lawyer | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI California DUI FAQs Aggravated DUI Field Sobriety Test DUI Blood Test Errors DUI Penalties First Offense DUI Underage DUI Testimonials Contact Advocacy Is One Call Away 408-898-9770 Request a Free Consultation Criminal Law Drug Crimes San Jose Drug Crime Lawyer Defending Against Drug Crimes Charges in the Bay Area For the last several decades, drug-related crimes have been at the forefront of public consciousness—and for good reason. Over five percent of people aged 18 to 80 have been prescribed a tranquilizer like Xanax, Klonopin, or Ativan, with overdoses and deaths increasing each year. More than 12.5 million people misused opioid painkillers in 2015, with 91 Americans dying every day from opioid overdoses, as noted by the Centers for Disease Control and Prevention . Additionally, ADHD stimulants show a greater risk of overdose than cocaine, according to a 2017 report . Regrettably, these statistics show that we live in a drug-saturated society. Thus, federal, state, and local authorities are directing their efforts toward curbing the effects that drugs can have on society, particularly when linked with violent crime . However, this means that facing drug charges in California can be extremely serious, with convictions often resulting in severe and lifelong penalties. At the Law Offices of Nick Cvietkovich , our drug crime lawyer possesses a deep understanding of California drug laws and can help you navigate the complex nature associated with these crimes. We will work tirelessly to protect you and your rights and work for the best possible outcome for your case. If you are in need of a skilled advocate to guide you throughout the legal process and provide you with a strong defense, our drug crime attorney in San Jose is ready to assist you. Have you been accused of a drug crime? Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to schedule a free consultation with our drug crimes attorney in San Jose. What are Common Drugs Involved in Criminal Cases? In general, anything that is classified as a “controlled substance” may result in criminal charges . Usually, these charges are for drug possession or possession with intent to distribute. Common drug crime cases involve: Marijuana . Cannabis laws seem to be ever-changing in California and are different for medical users than recreational users. As of 2018, law enforcement will treat marijuana similarly to alcohol. Any open receptacle of marijuana-based products, including edibles and vaporizers, can constitute an infraction if you are driving. However, a closed container and general possession are legal. Cocaine and crack . These stimulants are highly addictive. Therefore, as schedule II-controlled substances, any possession or distribution of cocaine-based drugs is unlawful. Opioids . Anyone convicted of illegal possession or distribution of illegal opioids like heroin or prescriptions like oxycodone, hydrocodone, oxymorphone, hydromorphone, fentanyl, or Vicodin faces stiff penalties. Methamphetamines, Amphetamines, and Methylphenidates . Psychostimulant drugs are among the leading causes of overdoses among teens and young adults. Brand-name drugs like Adderall, Ritalin, Concerta, Desoxyn, Vyvanse, Procentra, Methylin, and Dexedrine contain psychostimulants. LSD . Lysergic acid diethylamide, also known as acid, is a primary hallucinogenic drug. This substance is a Schedule I drug, meaning it is easy to abuse, unsafe for consumption, and has no medical purpose. Ecstasy . Methylenedioxymethamphetamine is a highly addictive and sometimes deadly drug called Molly, MDMA, or E. Recovery Drugs . Law enforcement officers and emergency medical teams use buprenorphine-based drugs (like Suboxone) and naloxone-based drugs (like Narcan) daily to save lives from overdoses. Unfortunately, many people also use them recreationally. As a result, unlawful possession of these substances is as serious as possession of opioids. What are Common Types Of Drug Crimes? When you face drug crime charges, your future depends on your criminal defense attorney’s ability to understand the law and work within the legal system in pursuit of a favorable outcome. Drug crimes attorney Nick Cvietkovich is well-equipped to defend you from any criminal charge. For example, some of these criminal charges may include: Drug possession and intent to deliver . Possession of drug paraphernalia. Selling, distributing, or transporting a controlled substance. Manufacturing or producing a controlled substance. The sale or provision of a controlled substance to a minor. Other misdemeanor and felony California drug offenses. The consequences associated with drug crimes vary greatly depending on the particular drug, the amount of drug the accused allegedly possessed or consumed, and the circumstances of the offense. How to Defend Against Drug Crime Charges In the state of California, individuals charged with drug crimes may be able to use various legal defenses depending on the circumstances of their case. Below are some potential defenses that can be used: Unlawful search and seizure: If the drugs were acquired through an illegal search or seizure by a law enforcement officer, it may be possible to challenge the evidence on the grounds of a violation of your Fourth Amendment rights. If the court finds the search to be unlawful, the evidence could be suppressed, potentially resulting in a dismissal or reduction of charges. Lack of possession: The prosecution must prove that you had constructive or actual possession of the drugs. If you can provide proof that you did not have knowledge of the drugs' presence, had control over them, or that they belonged to another person, it may be a viable defense. Entrapment: If law enforcement induced or coerced you into committing a drug offense that you would not have otherwise committed on your own, therefore lacking the predisposition or intent to engage in illegal drug activity, this may be a viable defense. Medical marijuana defense: California has legalized medical marijuana under certain circumstances. It may be possible for you to assert a defense based on your lawful medical marijuana use if you have a valid medical marijuana recommendation and were following the relevant laws. Crime lab analysis and chain of custody issues: You could be able to challenge the accuracy or reliability of the drug analysis conducted by the crime lab. There may be a weakness in the prosecution's case if there are doubts about the chain of custody from the time of seizure to testing. Violation of Miranda rights: If you were not properly informed of your Miranda rights and made self-incriminating statements, those statements may be suppressed. These are just a few examples of possible defenses, and the applicability of each defense will depend on the specific facts surrounding the case. Consult with an experienced drug crime attorney, such as Thomas Nicholas Cvietkovich , who can evaluate your situation and can determine the best defense strategies specific to your circumstances. What Should You Do If You're Arrested for a Drug Crime? Being arrested for a drug crime can be overwhelming, but it is important to remain calm and take immediate steps to protect your rights. The first and most critical action is to remain silent. Anything said to law enforcement officers can be used against you in court, so it's vital not to provide any statements or explanations without the presence of legal c San Jose Drug Possession Lawyer | Law Offices of Nick Cvietkovich Close Skip to Content High Contrast Increase Text Size Clear All Home About the Firm Thomas Nicholas Cvietkovich Daniel Lofgren Josselyn Thomas Criminal Law Domestic Violence Domestic Violence FAQs Sex Crimes Sex Crimes FAQs Drug Crimes Drug Possession and Intent to Deliver Theft Crimes White Collar Crimes White Collar Crime FAQs Gun Crimes Juvenile Crimes Fraud Assault Three Strikes Law Overturning a Search Warrant Felonies and Misdemeanors DUI Cali