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  • Top-Rated San Jose

    Criminal Defense Attorney

    20+ Years of Legal Service Throughout the San Francisco Bay Area

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  • Experience You Can

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    100s of Cases Successfully Handled, from Misdemeanors to “Strike Felonies”

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San Jose Criminal Defense Attorney

If you have been arrested, we understand how you feel and what you’re going through. At the Law Office of Diego F. MacWilliam, we offer a no-cost, no-obligation consultation so we can review your case, discuss your options, and share how we can help you. If you choose to work with us, we will do everything we possibly can to help you avoid criminal conviction. Our San Jose criminal lawyer has been successfully defending clients throughout the San Francisco Bay Area for decades. We are ready to be of service to you as well.

At our firm, we have handled hundreds of criminal cases and trials, helping our clients overcome first-time DUI and misdemeanor charges as well as helping clients battle serious strike felony charges. From bail reduction motions to sealing your criminal record, we offer the full range of criminal defense services you need to guard your reputation, liberty, and future. Please feel free to call us with any questions you may have and to see how we can help you.

Please call (408) 763-4880 or email us to request your free initial consultation. We offer weekend appointments on request.

Discover Your Defense Options

Call (408) 298-6204 or email us for a no-cost, no-obligation consultation.

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Meet Our Defense Lawyer

Diego F. MacWilliam

Attorney Diego F. MacWilliam has represented clients in Northern California for more than 20 years, delivering dedicated, trial-tested counsel. Born in Stanford, California, he grew up in Madrid, Spain and became fully fluent in Spanish. After high school he moved back to California, graduated from Berkeley, and earned his J.D. from Santa Clara University School of Law. Over the course of his legal service, he has garnered the BV Distinguished® Rating from Martindale-Hubbell® for high legal ability.

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  • “Awesome Job !”

    I was charged with a Felony for Possesion of stolen property 3years ago, and I contacted Mr. MacWilliam for help on reducing the felony to a misdemeanor & he did a good job and got it to become a ...

  • “Superior support, legal information, representation and follow through.”

    Mr. Diego Macwilliam for me was the right lawyer, at the right time, for my particular situation. He contacted both a government agency and a private company regarding a potential fraud inditement ...

  • “Great job!”

    I was charged with a felony domestic violence case. I hired Mr. MacWilliam to represent me and he worked hard with the District Attorney’s office and the courts to negotiate a plea of misdemeanor ...

Criminal Defense FAQ

  • What rights do I have if I'm arrested and charged with a crime?

    First, you have the right to reasonable bail and the right to be presumed not guilty. You also have the right to “remain silent”; no one can force you to incriminate yourself. You also are entitled to a lawyer, and in felony cases, to a speedy preliminary examination and trial. During your case, you have the right to cross-examine witnesses who are brought against you, to bring in your witnesses, and to present evidence at trial.

  • What is the difference between a misdemeanor and a felony charge?

    Misdemeanor convictions can lead to a county jail sentence of up to one year, though most misdemeanors have a maximum punishment of six months' incarceration. Felonies, on the other hand, mean incarceration in state prison, usually for at least one year.

  • What is a “wobbler” charge?

    A felony charge is known as a “wobbler” when it could also be charged as a misdemeanor. Especially for first-time offenders, there is often the chance to get a wobbler reduced to a misdemeanor, even if the prosecution protests.

  • What is a “strike felony”?

    If someone has at least one prior conviction for a “violent felony” or “serious felony”, then this can count as a strike against them under the Three Strikes law. This can mean lengthy sentences with no probation.

  • Can I drive after a DUI arrest?

    While your driver's license is confiscated upon a DUI arrest, you should also get a pink paper that serves as a 30-day license. If you request a DMV hearing within 10 days of the arrest and can convince the DMV that you shouldn't lose your driving privileges (your lawyer can help you with this), then you will get another paper license.

  • Can I get a restricted license if convicted of drunk driving?

    Yes, if it is your first DUI conviction, then after 30 days of suspension you may be able to get a restricted license for work. Your driver's license will be restricted to work purposes for five months.