Erik Johnson | San Jose Criminal Lawyer

A conviction for robbery or burglary will change a defendant's life forever, unless something is done to protect him and his interests. Last year I represented a young man in his early twenties who was accused of first degree burglary of a home in East San Jose. He was further accused of conspiracy and committing the burglary in furtherance of a criminal street gang, even though he was never a member of any known gang. The co-defendant was convicted of a crime; however, my client's case was dismissed without going to trial. Although my client may have been involved (in something or other), the District Attorney could not connect him directly and ultimately was pressed to admit that they could not prove a burglary because no one (not even the co-defendant) had entered into the home. Where there is no entry, there can be no burglary. Today, my client is in college studying engineering and physics and plans on continuing into graduate school. Had he been convicted, he would still be sitting in prison. However, sometimes a trial on the merits of the case is necessary in order to protect the client's interests. Recently I represented a successful and respected registered nurse who was facing a charge of soliciting for prostitution. The jury came back with a not guilty verdict because the District Attorney could not prove my client actually agreed to engage in an act to prostitution. In fact they could not prove he agreed to anything at all!

Having a successful law practice requires knowledge of law and procedure, good working relationships with the courts, hard work and really caring about what you do and about your clients. I have been able to get excellent results for my clients (at affordable fees), without making promises or without ever sugar-coating the issues. Successful results equate happy clients. Happy clients make for a successful law practice. I also do not limit myself to certain practice areas. I defend clients accused of crimes, period. From driving under the influence, to theft and embezzlement, battery, gang related offenses, petty crimes and misdemeanors to serious crimes and felonies. In family cases such as divorce and child custody, my practice is centered on parent rights, fair distribution of the community and that the other spouse is not allowed to take advantage of the children or my client. Fairness to the kids, equity to my client and integrity of the system are hallmarks of my family law practice.

Clients need to speak with an attorney directly and preferably in-person. Knowledge of the law, personality and truthfulness are all important things to look for in an attorney. Beware of any lawyer who promises you everything or make guarantees. If he or she does, get it in writing! Of course, experience and results are key factors to consider when looking for an attorney as his community involvement and local knowledge of the court, District Attorney and other lawyers. Never be afraid to speak to more than one attorney. If you were confronted with a serious illness you would consider more than the advice of one doctor. The same should be for your criminal or family law matter.

An in-person free consultation is always to be preferred to a phone conversation. You should meet with an attorney, understand his mannerisms and get to know him. But sometimes this is just not possible. In those situations I try to learn as much as possible about the client's case, his expectations and what I can contribute to his understanding of the consequences. Based on what I learn over the phone, I advise what preliminary course of action is advisable (and which is not), what defenses may be available and what motions could be successful, such as motions to suppress or quash subpoena/ proceedings. Also, in criminal cases, issues regarding bail and custody are uppermost in my mind when families call on behalf of the client, in which case I will immediately connect them to a bondsmen and work on getting the client out of custody. A motion to reduce bail may also be required and should be discussed early on in the conversation. When seeking a divorce, child custody or other family law issue, consider the lawyers experience, track record and quite frankly, his sensitivity to you and your particular case. Do not hire a lawyer who may have certain prejudices that could affect the resolution of your divorce or child custody but also do not accept blatant guarantees or promises. Always protect yourself first.

My law practice is centered on each individual client. I do not bill in criminal cases and do not limit the time I spend with my clients or working on their cases. I take all my calls personally and never limit access to my office or my files. I also ""build"" each case developing defenses and strategies on an ongoing basis, without sacrificing quality representation for a quick resolution. In family cases I am particularly sensitive to child custody matters and making sure that not only does my client get equal parenting rights, but that the other side does take advantage of the children or uses them in the divorce fight.

I am often asked what the most rewarding part of my practice is. My answer is simple: making many friends out of former clients. I am very blessed to have a diverse and sweeping group of friends and associates from respected politicians and judges to former gang members who now counsel and volunteer time for at-risk youths, and grandparents who stepped up to take custody of their grandchildren from abusive parents. This is what makes me very happy in my law practice….

• California Bar Association; Santa Clara County Trial Lawyers Association; California DUI Lawyers; California Public Defenders Association; National Association of Criminal Defense Lawyers

• Wikins and CALI Awards for Excellence in Criminal Law

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