Sergio Humberto Benavides | Hayward Criminal & Immigration Lawyer

Sergio Humberto Benavides, owner of Law Office of Sergio H. Benavides, is a Criminal Defense and Immigration Attorney with offices in San Francisco and Hayward, California.  In June, 2013, Sergio was certified as a Criminal Law Specialist, by the State Bar of California Board of Legal Specialization.

Before entering Law School, Sergio studied at Chabot College in Hayward, in Northern California, and went on to obtain his undergraduate degree in English Literature from San Francisco State University.  Sergio also has a Master in Education from Antioch University – Seattle.  Sergio taught Spanish-English public education for five years before entering law school.  He attributes his numerous jury trial acquittals and hung juries to his experience as a teacher. He finds it important to not just educate a jury, but to keep them engaged, entertained, and interested.  The #1 sin in a jury trial, he says, is letting a juror fall asleep out of boredom.  Sergio is fluent in Spanish.

His parents are native Costa Rican immigrants who came to the United States looking to achieve the American Dream.  Sergio was raised to cherish his Latin heritage along with his American heritage.  He has been to Costa Rica many times, and always enjoys visiting extended family there.

Upon graduating with his Bachelor of Arts degree, Sergio attended law school at University of San Francisco School of Law, where he was a Research Assistant in Labor and Employment Law, and a Teaching Assistant in Property Law. He also served as Social Events Chair for the La Raza Law Students Association, and  was involved in Pride Law Students Association.  During law school, Sergio assisted clients in San Francisco Superior Court, in small claims mediations, and represented clients in the Equal Employment Opportunity Commission, in discrimination complaints.

Because of his valuable Jury Trial experience as a Criminal Defense Attorney at the Fresno County Public Defender’s Office, Sergio knows how to challenge difficult judges and District Attorneys.  He has conducted numerous Juvenile Adjudications, and Misdemeanor and Felony Trials.  Trial and adjudication cases have included charges of:  Armed Robbery, Grand Theft Auto, Home Invasion Burglary, Petty Theft, Prostitution, Resisting Arrest, Driving Under the Influence, Drug Possession, Assault With a Deadly Weapon, Vandalism, Receiving Stolen Goods, Battery, Shooting Into An Inhabited Dwelling.

Sergio is co-founder, producer, director, and moderator of legal educational videos that are available free in the website, http://www.elawclinic.com

While in Fresno, Sergio was actively involved in the La Raza Lawyers Association, volunteering to organize their annual scholarship banquet,serving on the Judicial Committee, Secretary, and Treasurer.

Sergio is a Certified Criminal Law Specialist, a title denoting a high level of experience and competence in the field.  Throughout his legal career, he has worked with thousands of clients, on cases ranging from everything from DUI and DWI, to Armed Robbery. Sergio Benavides is known for his dedication to his clients, excellence, and his passion to succeed.

Position	Organization	Location	Duration
Owner & Managing Attorney	Law Office of Sergio H. Benavides		2014 - Present
Defense Attorney	Fresno County Public Defender's Office		2007 - 2013

School	Degree	Major	Graduation
University of San Francisco School of Law	J.D.	Law School	2005
San Francisco State Unv; San Francisco CA	Bachelor

State / Court	Date
California	2005
9th Circuit

• San Francisco La Raza Lawyers Association        Member        2015 - Present
  National College of DUI Defense        Member        2015 - Present
  State Bar of California, Criminal Law Section        Member        2015 - Present
  National Trial Lawyers        Top 100 Criminal Trial Lawyer        2015 - Present
  Alameda County Bar Association, Criminal Law Section        Executive Committee Member        2015 - Present
  American Immigration Lawyers Association        Member        2014 - Present
  Californa Public Defenders Association        Member        2007 - Present
  Bay Area Laywers for Individual Freedom        Member        2003 - Present

• Top 100 Criminal Trial Lawyers | National Trial Lawyers | 2015
  Criminal Law Specialist | State Bar of California- Board of Legal Specialization | 2013

• People v. T.M.
  Outcome: Plea bargain to Wet Reckless Description: Ms. M picked up a DUI last year. She had been drinking at a friend's house and crashed into a parked car. She was afraid of the system, and had never been in trouble. I explained the ups and downs of a plea bargain deal, as well as the court procedures, and all possible outcomes. I reviewed the police reports, the blood alcohol levels with her, and possible defenses. In the end, I convinced the DA to offer her a non-DUI charge, a Wet Reckless, which is a lesser included offense, that involved absolutely no jail time, 1/2 the fines of a regular DUI, 1/2 the DMV-required classes, and 1/2 the possible jail time if she were to get in trouble during probation. She was relieved to have a Criminal Law Specialist, such as myself, at every step of the way. In the future, I will attend a Restitution Hearing, without her having to take time off from work or even be in court.

• People v. K.W.
  Outcome: Case dismissed Description: Ms. W was accused of stealing a laptop from the local library. She was charged with petty theft. She moved out of the Bay Area years ago, and now has a good job, and wanted to clear up her record. I put the case back on calendar, and began negotiations with the DA's office. Originally, they wanted Ms. W to plea to the charge and pay for the stolen laptop. I convinced the DA to dismiss the case after client paid for the laptop--allowing her to keep her record clean, and move on with her life.

• People v. S.K.
  Outcome: Case Dismissed Description: Client accused of assault and battery. Client and trespasser to his building got into a fist fight, with Client slapping complaining witness first. Four prior attorneys told Client he would lose because he hit a girl. That this was a losing case. DA wanted Client to pay for hospital bill of the complaining witness. Client hired me: excellent decision. I told him, let me do some legal research, before I tell you if I think it's a loser or winner. I discovered a legal defense where a homeowner can use force to eject a violent/threatening trespasser. I convinced the DA that THEY had a loser case and that I was posed to win at trial. I saw victory and went for it. That's what a fighter does for his clients. I saved the client's record from being tarnished, and money by avoiding a trial.

• Speaking engagements
  
  20 Years Federal Prison for Erasing a Hard Drive? Yes | Federal Prosecutions Under Sarbanes-Oxley | 2015
  Sunday Friends Educational Programming | What You Can Do to Help Friends and Family Facing Criminal Charges | 2014
  Sunday Friends | Driving and the Law | 2014
  Law Office of Sergio H. Benavides | Understanding the Criminal Justice System | 2014
  Injured Workers National Network MCLE Seminar | Eliminating Bias and Substance Abuse in the Legal Profession and a Focus on Developing the Best Medical Evidence for Workers' Compensation Purposes | 2014

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