Javier Rios
Top rated Criminal Defense attorney in San Jose, California
Javier Rios, San Jose Criminal Defense Attorney
Practice areas: Criminal Defense, DUI-DWI; view more
Licensed in California since: 1987
Education: The University of Michigan Law School
Languages spoken: English, Spanish
Call today:
408-478-4444

Javier Rios, San Jose Criminal Defense Attorney
1010 West Taylor StreetSan Jose, CA 95126 Visit website
Details
A dedicated and diligent attorney, Javier Rios is well-known across Silicon Valley for his criminal defense practice. He limits his practice to exclusively criminal defense and only practices in Santa Clara County. With more than three and a half decades of experience litigating cases and over a hundred jury trials, he advocates for people charged with sex offenses, homicide, DUI, domestic violence drug crimes, theft, and violent crimes.
Mr. Rios’ careful attention to detail and persistence often help him turn the tables around in almost insurmountable cases. He gives unparalleled attention to each client and meticulously evaluates and analyzes their case and situation before discussing the options available to them. Judges and prosecutors respect this attorney because when he walks into a courtroom, he is prepared and professional. He is also known for his courteous manner and quick wit . Furthermore, he also understands and recognizes the intense stress an individual endures when wrongly accused and strives to empower and instill confidence in them.
A graduate of the University of California, Berkeley, Mr. Rios received his Bachelor of Arts degree in 1983, and the same year he joined one of the most prestigious law schools in the United States, the University of Michigan Law School. He graduated in 1986, earning his doctorate in jurisprudence, and was licensed to practice law in the state in 1987.
This attorney also speaks fluent Spanish. He gives criminal case commentary for Spanish television news.
A long-time legal practitioner held in high regard by his peers and clients alike, Mr. Rios is widely recognized for his exceptional and top-notch client services. He has extensive trial experience and has a history of fine results. He credits much of his success with his 27 years working in the Santa Clara County Public Defender’s Office, where he was an award-winning trial attorney.
The San Jose Mercury News once called him "considerable legal firepower". His work has been discussed and featured in several newspapers and news websites. His colleagues have peer-review rated him AV Preeminent* through Martindale-Hubbell and he also holds a "Superb" rating on Avvo. The public also rates him highly, with over 300 5-star reviews on Google.
Practice areas
Criminal Defense, Criminal Defense: DUI/DWIFocus areas
Arrest & Arraignment, Assault & Battery, Criminal Domestic Violence, Criminal Fraud, Criminal Law, DUI/DWI, Drug & Alcohol Violations, Expungement, False Accusations, Felony, Juvenile Delinquency, Misdemeanor, Motor Vehicle Offenses, Murder, Probation, Sex Offenses, Theft
- 80% Criminal Defense
- 20% Criminal Defense: DUI/DWI
First Admitted: 1987, California
Professional Webpage: https://sjdefender.com/about/
- Television News Analyst for Univision, 2021 - 2022
- Television - Legal Analyst for Univision News, 2019 - 2020
- Non File - Child Molest, 2020
- NON File -- Rape, 2020
- NON File -- Felony Brandishing Firearm , 2020
- Dismissed-- Felony Assault, 2019
- Dismissal-- Domestic Violence --Misdemeanor, 2020
- Dismissed on the trial calendar-- Child Molest-- Felony, 2019
- DMV- SET ASIDE after contested APS, 2021
- Dismissal- Child Molest- Felony, 2017
- Dismissal: Felony Stolen Property Charge and two felony violations of probation. The felony and the violations of felony probation were dismissed.
- Dismissed- Robbery with a Gun, 2020
- Dismissed After Preliminary Examination -Child Molest- Felony , 2019
- Sexual Battery : Jury Trial Verdict: Not Guilty
- Jury Trial: Life Sex Case: Four Alleged Victims: Not Guilty all counts. Fifteen counts of various sex charges, some of them were life counts. Alleged victims included three little girls and one adult woman. Charges included forcible rape, sodomy and oral copulation. My client’s DNA was found on a swab taken from the adult woman during a SART exam. Right after the verdict, the court released my client and we both walked out of the court house on a sunny day. He was a free man.
- Gang Murder Charge dismissed after set for trial. My client was facing a life sentence for this. The prosecutor was very aggressive, smart and experienced. This is the second murder charge I've beaten in Santa Clara County. , 2017
- Jury Trial Verdict: Not Guilty on all counts. My client walked out of the courthouse a free man. My client was charged with domestic violence and an assault with a deadly weapon. Each charge also carried a personal use of a deadly weapon enhancement. The "victim" had injuries that required medical care. The medical care included stitches.
- DUI: Jury Trial: Verdict Not Guilty
- Felony: Reckless Fire Charges: Dismissed Before Trial: My client was accused of recklessly starting a massive wildfire, the Summit Fire The Summit Fire burned more than 4,000 acres in the Santa Cruz Mountains, destroying 34 homes and 82 "outbuildings" and more than 160 vehicles. The fire was national news. It burned for five days, it also destroyed residents' treasured possessions, and killed their animals. The California Department of Forestry and Fire Protection had done what they considered to be a thorough and scientific investigation and concluded that my client had started the fire and that he did so recklessly. The defense worked on the case and concluded that The California Department of Forestry and Fire Protection had done an incompetent investigation. My client and I and eventually demanded a speedy trial. The District Attorney’s Office wound up dismissing the entire case.
- Jury Trial: Simple Battery: Verdict: Not Guilty
- Murder charge dismissed after jury trial. My client was accused of shooting the victim to death. Gunshots awoke a witness in the middle of the night. She looked outside her bedroom and saw a person walking away from where a fellow had been shot to death. This person walked directly in-front of her window. She described the suspect as wearing a green jacket with a silver object in his hand. She testified under oath that my client was the man she saw that night. She also testified that his green jacket looked like the jacket the police took from my client's home, his green jacket. Gunshot residue was found in the pocket of my client’s jacket My client knew the deceased; he was angry at the victim because he was sure that it was the victim who had stolen his car stereo. My client had been seen with the victim hours before, that same evening. My client also had a gun collection. The case went to trial. The jury deadlocked. Most of the jurors voted not guilty. The trial left the prosecutor convinced that he would not get a conviction with the case he had. The District Attorney's office dismissed the case and has not refiled
- Two counts of forcible rape: Jury Trial: Verdict Not Guilty of one count of rape, Most of the jurors agreed with the defense on the second count of rape, but it was not unanimous. The case eventually settled for simple battery, no further jail, no probation, no sex registration.
- Jury Trial: Not Guilty all counts, client walked out of the courthouse, a free man. Ten counts of felony child molest ,288(A)
- Forcible Rape Charge: Not Filed: This decision came in the same week as the gang rape allegation decision--also not filed. In this case, we also worked hard and presented a highly compelling set of information. After reviewing the matter, the DA elected not to file rape charges
- Dismissed Rape Case: Alleged rape of unconscious woman. Case never went to trial.
- Jury Trial: Domestic Violence: Verdict Not Gulty
- Reckless Driving: Jury Trial Verdict: Not Guilty
- Child Abuse: Jury Trial: Hung Jury: Most of the jurors (10) agreed with the defense and voted not guilty. The prosecutor then dismissed the case.
- Jury Trial Verdict: Not Guilty of Felony Assault My client stood accused of brutally attacking someone with a weapon. The prosecution's witnesses did not do well when cross examined. The jury acquitted. The court ordered the jail to release my client. Had this client been convicted, he would have been convicted of a strike offense.
- Gang Rape: Not Filed: Our investigative work help persuade the District Attorney's Office to not file these charges. , 2017
- Jury Trial, Multiple Sex Charges including rape. Client faced a life sentence if he lost in trial. The jury did not convict. It was a hung jury. Most of jurors sided with the defense. All sex charges, all felonies dismissed after trial. Client settled for a misdemeanor, no more jail, court probation with a small fine, no sex registration. I just shook hands with him and he walked out of courthouse a free man
- Jury Trial: Not Guilty of the Felony, a Possession of Stolen Property Charge Felony Stolen Property charge and a misdemeanor under the influence. We did not dispute the misdemeanor. The client was very happy with the result.
- Pregnant woman beating case ends with community service: This case was widely reported when the news broke. My client was accused of beating a pregnant lady. In the end, the defense was able to undermine the prosecution case and it settled for minor charge, minor sentence. My press release said that the defense had exposed the complaining witness as manipulative, having a short and nasty temper, being violent, having an apparent history of mental illness. "Worst of all, the passage of time showed that she was lying. The Morgan Hill Police Department and the community bought the complaining witness' outrageous lie hook line and sinker because her story was sensational." My client plead guilty to the minor charge of simple battery because he tossed a penny at the complaining witness after she demanded money for some damaged groceries. The defense believes that this tossed penny is part of what set off the explosive temper of the complaining witness. The rest of the incident was the fault of the complaining witness, not the defendants, http://www.morganhilltimes.com/news/community/pregnant-woman-beating-case-ends-with-community-service/article_3fa80d6f-d9ed-5e92-a150-2f1c566b4518.html, http://www.morganhilltimes.com/news/community/another-postponement-in-pregnant-woman-beating-case/article_38cb9c81-41c2-58b4-a05e-631fc21aea80.html, http://www.morganhilltimes.com/news/community/pregnant-woman-beating-case-ends-with-community-service/article_3fa80d6f-d9ed-5e92-a150-2f1c566b4518.html, http://www.morganhilltimes.com/news/community/another-postponement-in-pregnant-woman-beating-case/article_38cb9c81-41c2-58b4-a05e-631fc21aea80.html
- Javier Rios fought for a finding of factual innocence, http://www.mercurynews.com/bay-area-news/ci_28394964/santa-cruz-mountains-contractor-once-accused-sparking-summit
- Client accused of Burglary and Torture, http://www.gilroydispatch.com/news/crime_fire_courts/the-rucker-four/article_1dee1b3e-2492-11e2-8408-001a4bcf6878.html
- DUI Double Murder Case: A Gilroy woman was charged with killing her husband and daughter in a drunken-driving accident on state Highway 85 near Los Gatos. The Prosecutor's Office charged her with two counts of vehicular murder and one count of child endangerment in the deaths of two people while she drove north on the highway, http://www.mercurynews.com/ci_23766730/closing-arguments-finish-gilroy-woman-charged-murdering-husband, http://www.gilroydispatch.com/news/crime_fire_courts/woman-involved-in-fatal-dui-crash-that-killed-daughter-husband/article_fafa4ad4-f4c1-11e2-9e7a-001a4bcf6878.html
- Volunteer Work at San Jose Christian School, 2017 - 2019, 2021 - 2022
- Expert recommended Top 3 Criminal Defense Lawyers in San Jose, California. All of our criminal defense lawyers actually face a rigorous 50-Point Inspection, which includes customer reviews, history, complaints, ratings, satisfaction, trust, cost and general excellence. You deserve only the best!, 3 Best Criminal Defense Lawyers in San Jose, CA—Three Best Rated, 2021
- We scored 335 DUI Lawyers in San Jose, CA and Picked the Top 22, Expertise.com: Best DUI Lawyers in San Jose, Expertise.com, 2021
- How do We Review Businesses? When we publish articles listing our rankings for the best businesses, people or places in a certain industry and/or geographic area, we follow a special set of guidelines to ensure every candidate is reviewed fairly, Kev’s Best: 5 Best Criminal Attorneys in San Jose, Kev’s Best, 2021
- Leading review management platform Birdeye has identified the best lawyers across the United States and announced its annual ranking of the best businesses for over 100 of the largest American cities., Listed in BirdEye’s 2019 Best Law Firms list in San Jose, BirdEye.com, 2019
- Why These San Jose Criminal Defense Lawyers? We help connect consumers with top-rated criminal defense attorneys in San Jose. To determine which are the best of the best, we scored each criminal defense attorney or law firm across a half-dozen metrics covering three categories. Each firm or attorney’s results were analyzed to bring you a handpicked list of the very best criminal defense lawyers in San Jose.Attorneys reviewed: 20Top picks: 5, Best San Jose Criminal Defense Lawyers: National Federal Defense Lawyer Group, National Federal Defense Lawyer Group, 2021
- Our goal is to connect people with the best local experts. We scored San Jose Criminal Defense Attorneys on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best, Expertise.com: Best Criminal Defense Lawyers in San Jose 2021, Expertise.com, 2021
- This is an unpaid listing. This is how they describe their selection process: Expert recommended Top 3 Criminal Defense Lawyers in San Jose, California. All of our criminal defense lawyers actually face a rigorous 50-Point Inspection, which includes customer reviews, history, complaints, ratings, satisfaction, trust, cost and general excellence. , Top 3 Criminal Defense Lawyers San Jose, CA, https://threebestrated.com/criminal-defense-lawyers-in-san-jose-ca, 2020
- National Trial Lawyers Top 100, National Trial Lawyers Top 100, National Trial Lawyers Top 100
- Recipient, AVVO Rating: 10
- 10 Best Client Satisfaction, American Institute of Criminal Law Attorneys
- America's Most Honored Professionals - Top 10%, 2016
- In recognition of 27 years of extraordinary scholarship and advocacy in defense of the indigent accused, giving them a voice for justice, and inspiring colleagues in the pursuit of excellence, Bryan Shechmeister Award, Santa Clara County Public Defender
- AV Preeminent is a significant rating accomplishment a testament to the fact that Javier Rios' peers rank him at the highest level of professional excellence., AV Preeminent Rating, Martindale-Hubbell
- UC Berkeley Bachelor Degree, 1983
- Awards: Bryan R. Shechmeister Career Achievement Award for Outstanding Work at the office of the Santa Clara County Deputy Public Defender, 2015
- First Degree Murder Dismissed, 2017
- Child Molest Dismissed after Preliminary Examination, 2020
- Child Molest Dismissed after Preliminary Examination, 2020
- I have tried over a hundred jury trials as of 2021
- Set a record in the Santa Clara County Public Defender’s Office for the most juvenile contested hearings (The “Juvi” version of a trial) in a single tour, forty five. I set it back in 1989 or 1990 in a period of about seven months. The record still stands. I doubt any defense attorney in Santa Clara County will ever break it. Times have changed though, the law is different. I doubt any attorney would want to try that many juvi cases in that short a period of time
- San Jose Criminal Defense Attorney
These comments were made by fellow attorneys during the annual nomination process.
“Very Profesional lawyer who has a wealth of experience and knowledge. Mr. Rios cares a great deal about each and every client.”
“Javier is an incredible attorney. He has tons of trial experience due to his years with the Public Defender's Office. He is tenacious and fearless in court. Any client would be lucky to have him at their side.”
Selections
- Super Lawyers: 2023 - 2025