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Sergio H. Benavides

Sergio H. Benavides

Criminal Defense Lawyer in Hayward, Oakland, and San Francisco
  • Criminal Law, Juvenile Law, Domestic Violence...
  • California
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I am a top rated Criminal Defense Lawyer and Certified Criminal Law Specialist- by State Bar of California, Board of Legal Specialization. Out of hundreds of Criminal Defense Lawyers in San Francisco--there are only 10 Certified Specialists. I am one of the top performers. I have 10 years of experience, having helped thousands of clients with every type of criminal charge, from petty theft, to drug possession, to attempted murder and sexual assault. I've handled DUIs, Domestic violence. I have taken over 30 cases to trial, and achieved excellent results. I am fluent in Spanish, and am a former bilingual school teacher. My teaching skills have been invaluable in the courtroom, in connecting with jurors. I help people with Immigration issues. I am passionate and successful at helping people in trouble.

Immigration Law: U Visa, Citizenship, Green Card, Removal Defense, Asylum, DACA

Practice Areas
  • Criminal Law
  • Juvenile Law
  • Domestic Violence
  • Immigration Law
  • DUI & DWI
  • White Collar Crime
  • Free Consultation
    Free initial 30 minute meeting for all new potential criminal clients.
  • Credit Cards Accepted
    All major credit cards accepted
Jurisdictions Admitted to Practice
9th Circuit
  • Spanish: Spoken, Written
Professional Experience
Owner - Sole Proprietor
Law Office of Sergio H. Benavides
- Current
Attorney and Counselor at Law, practicing DUI/ DWI, Criminal Defense and Immigration. Certified Criminal Law Specialist
Defense Attorney
Fresno County Public Defender's Office
Served as a Public Defender in Fresno County, assisting juvenile in criminal court with assaults, drugs, receiving stolen goods, more. 11 juvenile trials. Helped Adults in Misdemeanors: DUI, Driving Under the Influence, Driving with a Suspended License, Petty Theft, Vandalism. 14 jury trials, 9 acquittals or hung juries. Worked with Adult Felony cases: Drug possession, trafficking, meth, grand theft auto, home invasion burglary, robbery, criminal threats, sexual assault, attempted murder.
University of San Francisco School of Law
J.D. (2005) | Law
Activities: La Raza Law Students Association - Social Chair Pride Law Students Association
Antioch University-Seattle
M.A. (1997) | Education
Master in Education, and a Teaching Certificate in K-8 Education, with Endorsement for Journalism
California State University - San Francisco State University
B.A. (1993) | English Literature
Honors: Dean's List
Top 100 Criminal Trial Lawyer
Top 100 Trial Lawyers Association
Professional Associations
State Bar of California # 238952
Alameda County Bar Association- Criminal Law Section
Executive Board Member
- Current
Activities: The Executive Board organizes educational meetings and socials for Alameda County judges, private attorneys, district attorneys, and public defenders.
Bay Area Lawyers for Individual Freedom
- Current
Activities: Promote pro bono charitable legal activities throughout the Bay Are for BALIF.
San Francisco La Raza Lawyers
- Current
DUI Defense Lawyers Association
- Current
American Immigration Lawyers Association
- Current
Activities: Ongoing legal education for Immigration law.
California Public Defenders Association
- Current
Activities: Ongong CLE, legal equational activity.
Criminal Law Specialist
State Bar of California - Board of Legal Specialization
Legal Answers
20 Questions Answered

Q. My boyfriend was arrested and charged w/ damage telephone/powerline and cruelty to children. Can those be reduced?
A: Everything depends. On bf's criminal history, the extent of the damage/harm that occurred and howngood his defense attorney is.
Q. I was not read my Miranda rights before or after questioned and arrested for dui. why?
A: Police are entitled to do "investigative questioning" without reading your Miranda rights. Once you are arrested, usually handcuffed, then they are required to read you your rights. The problem is that often the officers will gather everything they need for a DUI conviction during their "investigative phase," and then have no need to ask questions once the cuffs are on. This is why it's a good idea to remain silent from the moment the officers say boo!
Q. Hello there,I had a question regarding a domestic violence case. I
A: If you filed for a protective order on your own, and it was granted, then when the judge granted the order it would be stated on the record how long the court order was good for. If it was a protective order that was granted as part of a criminal domestic violence case, and the protective order will be valid for the Longs probation is going on. Do you know how long the case going forward for, you can always call the District Attorney's Office, or check with the court criminal Clerks Office at the county with this occurred. If it was a protective order that was granted as part of a criminal domestic violence case, and the protective order will be valid for the Longs probation is going on. Do you know how long the case going forward for, you can always call the District Attorney's Office, or check with the court criminal Clerks Office at the county with this occurred. In either case, if you want a protective order to be rescinded or modified, you have to go before a judge if it's to do it before it expires on its own.
Q. If Trump used money from his charitable foundation for himself (self-dealing), why wasn't he charged with a crime ?
A: Only Congress has the power to prosecute the president, and since Republicans hold the majority power in all three branches of government, they don't want to prosecute the president even if he may be guilty of crimes.
Q. I pressed charges on my bf for dv but i decided to drop them how much time will he do if this is his second one
A: Not having a lawyer is a big deal, and makes every difference in the world. The victim can always try to recant that statement, but 911 phone calls and initial statements to police are recorded and can be used by aggressive District Attorneys to try to force the victim into testifying or confirming those statements. A prior history of phone calls to the police, arrests, or charges, definitely makes your boyfriend's case more complicated. He should consult with an experienced criminal defense attorney as soon as possible.
Q. Hey. My brother was arrested for Poseidon of firearm, possession of Billy club, possession of unclassified firework.
A: It will depend on your brother's criminal history, his home behavior, his behavior at school, and the county he's in. As well as how good his attorney is, and how bad the DA is. Many factors come into play determining whether or not a minor will spend time in jail.
Q. My friend received a letter from District attorneys office for PC 484(A) from Frys. What are his options? He do
A: It is likely a misdemeanor. The civil demand--whether it is paid or not--will have zero effect on a criminal case thru the District Attorney's office. The case may be defendible, but you won't know until you consult with a knowledgeable, experienced criminal defense attorney. Contact a few in your area, and hire he one you like and trust.
Q. I haven't enrolled for pc 1000 classes yet and my court date is coming up. What will happen, what can i do?
A: The first thing to do is talk to your attorney. If you don't have one, get one. This is technically a violation and you could lose out on earning a dismissal (with DEJ) if you are not properly prepared for court. Meet with an experienced not younger newer lawyer, to find out what you can do.
Q. If I have a 21yr old DV SEALED CASE can I get a felony for a new DV CASE?
A: Of course you can. If you get newly arrested and are charged for a new crime, there is potential for a new connection for a felony. Whether it is a misdemeanor or felony will depend on how badly injured the "victim" is and how aggressive the DA wants to be .
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Contact & Map
Law Office of Sergio H. Benavides
1 Sansome Street
Suite 3500
San Francisco, CA 94104
Telephone: (415) 867-5181
Fax: (415) 506-1656
Law Office of Sergio H. Benavides
24301 Southland Drive
Suite 212 B
Hayward, CA 94545
Telephone: (415) 867-5181
Fax: (415) 506-1656