Law Office Of Sergio H. Benavides


Law Office Of Sergio H. Benavides

Criminal, Immigration, DUI-DWI,

  • Fax: 415-426-5858
  • Firm Year: 2014
  • Office Hour: Monday - Friday 9:00 AM - 5:00 PM
  • Language: English, Spanish

415-867-5181 Featured 

  • Free Consultation 
  • Accepts Credit Cards 

Please include all relevant details from your case including where, when, and who it involves. Case details that can effectively describe the legal situation while also staying concise generally receive the best responses from lawyers.

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Messages, Terms of Use, and Privacy Policy

Sergio Humberto Benavides

VERIFIED Credentials and Bar Status verified by on Sep 23 2016
Click here for more details
Immigration, DUI-DWI, Criminal
Criminal Defense for felonies and misdemeanors; Immigration help for Green Cards, Naturalizaiton

Sergio Humberto Benavides, owner of Law Office of Sergio H. Benavides, is a Criminal Defense and Immigration Attorney with offices in San Francisco an... (more)


I love helping people.  I am passionate in fighting criminal charges, and in court I protect your rights.  I am a fighter at trial.  With Immigration cases, there is nothing better than helping people grab their American Dream.  It’s very rewarding seeing people get a Green Card or Citizenship.  

Who we are
Law Office of Sergio H. Benavides is aa law firm specializing in DUI and Criminal Law Defense, while also helping people with Immigration issues, based in San Francisco and Hayward, California.  The firm provides comprehensive Criminal Defense legal help to clients facing jail or prison.  We provide the best in Criminal Defense, that comes from having a California State Bar Certified Criminal Law Specialist on your side.  Clients are given a great deal of attention, with consultations, guidance, and a deep-seated understanding of how to seek out the best resolution or to fight charges in every case.  Clients are kept up-to-date with cutting edge technology–by 24-hour access to their court dates, records, and case files through our secure online case management system.

Our courtroom experience and ability to zero-in on the crux of any challenge gives you and your loved ones the ability to secure an advantage in court. Sergio H. Benavides has assisted thousands of clients in court, probation hearings, taking cases to trial, getting charges lowered or dismissed, and even expungements.

Law Firm Values
I commit to 100% until I succeed. I am committed to the Vision, Mission, Culture and success of Law Office of Sergio H Benavides and its clients at all times.
I am responsible for my actions and outcomes in my work. I am accountable for my results and I know that for things to change, first I must change.
What I promise is what I deliver. I only ever make agreements with myself and others that I am willing and intend to keep. I clear up all potential broken agreements at the first opportunity.
Good enough isn’t. I always deliver exceptional quality service. I look for ways to do more with less and constantly improve and innovate.
I am consistent in my actions so my clients and teammates feel comfortable in dealing with me. I am disciplined in my work so my results, growth and success are consistent.
I strive to give all potential and actual Clients the best experience and customer service with a smile.  I treat teammates with the utmost respect.  My behavior creates the kind of firm Clients and teammates rave about.

1)    Please describe a case(s) in the last year or two where you made a big difference.
Misdemeanor Assault: A client got into a fight with a visitor to his apartment building. The security guard told her to leave, and she refused. Client told her to leave, and she got verbally abusive, shouting racial slurs. Client slapped her, and then visitor started punching client. They exchanged blows. Client was charged with misdemeanor assault. Client spoke to five lawyers who all told him he had no defense. I convinced a District Attorney we did have a defense, and I got the case dismissed.

Felony Strike DUI:  Client drove through a stop sign, crashed into a car with an adult and two small children, and ran from the scene. The other driver suffered broken ribs. Client was charged with a DUI strike enhancement for causing Great Bodily Injury--which meant mandatory prison, and no probation.  I got the strike enhancement dropped, secured probation, and avoided any future jail time. Client was able to serve his sentence at home with an ankle monitor--allowing him to work, and be with his family.

2)     How did you build a successful practice?
By a commitment to honest, professional and caring service.  Clients appreciate my dedication, and so the word spreads.

3)    What should clients look for in a lawyer?
Ask if your lawyer is a Certified Criminal Law Specialist--it is the highest rating of skill and expertise an attorney can achieve. When you hire a  Specialist, you can be guaranteed you have a lawyer who has at least 5 years of experience in the field, has fought 20 trials, 20 motions, and has been evaluated by 7 judges and 7 district attorneys as being competent in Criminal Law.  That's far more powerful than any Yelp review.

 Look for a lawyer who will take the time to discuss all questions and concerns and not brush through conversations.  A lawyer who is experienced and confident, but who won't make inflated promises, and who will educate clients about their rights, defenses, strategy and options. A lawyer who advertises they have never lost cannot be trusted.

4)    How important is local knowledge to the success of your cases?
Not very.  Local knowledge is overblown. Experience fighting cases, going to trial, arguing and filing motions, these are the keys to success. A lawyer who knows all the local players, but has years of doing nothing more than pleading people guilty is not really a defense attorney.

5)    What information can you provide in a free phone consultation?
I can tell people if it is the type of crime I can defend. Other than that, it is limited over the phone. To get the most out of a Consultation, an office visit is necessary. You need your attorney to focus on you and to think clearly. I provide a strategy session in person, and show people things that can't be shown over the phone.

6)    What information do you need in a free phone consultation?
I need to know if the person calling is the person facing charges, whether they are misdemeanor or felony charges, what the stage of the case is, and if it is in my local area--The Bay Area.  I only handle California cases.

7)    What differentiates you from other lawyers in your community?
I am one of the best. I belong to an elite number of Defense Attorneys with the distinguished honor of being a Certified Criminal Law Specialist, certified by the State Bar of California, Board of Legal Specialization. When someone advertises they "specialize" in an area of law, it means they are a Certified Specialist. Many  attorneys dishonestly claim they specialize when in truth they don't.

I also stand out for having several positive Yelp Reviews, a great deal of endorsements in LinkedIn, a Superb Rating with Avvo, and am in the top 100 Criminal Trial Lawyers for California by the National Trial Lawyers.

I am a Certified Criminal Law Specialist, which means I am an expert with an additional title earmed through the State licensing authority. I earned this title, because unlike others, I spent years in court, fighting dozens of motions and trials, and really litigating cases to get the best results for clients. I have the experience that really matters, that of fighting for clients, not just pushing them to plead guilty as soon as possible.

I spend a great deal of time with my client's cases, both in person and on the phone, as well as in preparing the best possible defense by pouring through the file doing legal research, and writing motions when necessary.

8)    What is the most rewarding aspect of your job?
Making a positive difference in people's lives. Helping get great results, seeing clients happy and knowing I did a good job.

9)    What are your other interests in addition to law?
I love world travel, trying different foods, learning about other cultures, musical theatre, science fiction, following politics, enjoying nature, and going to the gym.

10)  Are you involved in your community?
I am involved in Latino community outreach, giving workshops on the law to schools and church organizations.
I am a Volunteer Mediator through the Alameda County Bar Association in Unlawful Detainer actions.
I am also on the Executive Committee of the Alameda County Bar Association Criminal Law Section, working with local judges, district attorneys and defense attorneys.

Please contact me for an initial consultation.
  • People v. S.K.
    Case Dismissed
    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.
    People v. K.W.
    Case dismissed
    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. 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.
Law Office Of Sergio H. Benavides
1 Sansome St
San Francisco, CA 94104


1 Sansome St
San Francisco, CA 94104

Other Locations:
  • Hayward Office
    24301 Southland Drive, Suite 212 B
    Hayward, CA 94545
    Phone: 415-867-5181
    Fax: 415-426-5858

    Law Office of Sergio H. Benavides has offices in San Francisco and Hayward, CA and helps clients in Emeryville, Alameda, Oakland, Berkeley, Albany, El Cerrito, San Francisco, San Leandro, Union City, Pittsburg, Martinez, Moraga, Lafayette, Brisbane, Richmond, El Sobrante, San Lorenzo, Walnut Creek, Crockett, Castro Valley, Alameda County, Contra Costa County, Marin County, San Francisco County, San Mateo County, Santa Clara.

    The Law Offices of Sergio H. Benavides offers comprehensive, expert and effective criminal defense and immigration assistance throughout Alameda and San Francisco counties and in Bay Area communities such as San Mateo, Santa Clara, Martinez, Richmond, Berkeley, Walnut Creek and Pittsburg.

Recent Legal Articles

Teacher Injured at Work - St. Louis Workers Comp Lawyer
this article explores the various risks that teachers face in the classroom today, including student threats, performance pressure, overexertion, aging school facilities, and unsafe locations. These threats can lead to anxiety, physical issues, and financial repercussions for teachers. If you are a Missouri teacher who has been injured, the Law Office of James M. Hoffman can help protect your legal rights.
Start Your 2023 on the Right Foot – With an Estate Plan
as you consider the innumerable possibilities that are out there for this year, one thing that I encourage you to get done this year is to create an estate plan.
Four Questions to Ask Yourself Before Applying for a Disability Claim
if you are struggling with a medical condition that is negatively impacting your ability to perform your job, there are many different disability benefit programs out there that you may be able to take advantage of (some of which you may have never heard of). This article will serve as a general guide so that you can determine for yourself what type of claim would be best for you to pursue. Here are four questions to ask yourself before deciding what type of disability benefits claim to pursue.
How to Find the Best Criminal Defense Attorney in St. Louis
choosing your criminal defense attorney in St. Louis is one of the most important decisions you will ever make. When you are charged with a crime, you need to make sure you have the best legal representation right away. Call Combs Law Group right away at 314-900-HURT.
Why an Ex-Prosecutor Can Make a Good Defense Lawyer in St. Louis
combs Law Group understands that you have many choices when it comes to choosing a defense attorney. Very few of those lawyers have experience on both sides of the legal fence, so to speak.
Why You Should Be Honest About Your Pain & Limitations After a St. Louis Car Accident
nothing can be gained by underreporting your pain and limitations to your medical provider. If you have been injured in a car accident and are wondering whether or not to disclose your pain and limitations, being honest and forthcoming about your injuries will ensure that you receive proper treatment and care.
What Are the Basic Core Estate Planning Documents
estate planning requires planning for the future, both while alive and after passing. Every adult, married or single, should have a power of attorney for health, power of attorney for property, a living will, and a last will and testament. A living trust should be considered for estates larger than $100,000 or involving real estate to avoid the high cost of probate.
What is Standby Guardian Protection?
who takes care of your child should something happen to you? Advanced estate planning today can give you peace of mind – knowing that if something catastrophic were to happen to you, your child can be raised by a family member or close friend of your choosing. The Schaller Law Firm can give you peace of mind by drafting a “Standby Guardian” designation that identifies who you want to act as guardian and raise your child if you die prematurely or suffer a catastrophic accident leaving you in an irreversible vegetative state (think car or truck collision). This is a key component of the Schaller Law Firm’s “New Parent Child Protection Plan.”
Who Ensures Income, Support, Maintenance, and Education for Your Child Should Something Happen to You?
good parenting requires you to remember the importance of protecting your child’s financial future should something catastrophic happen to you. Nobody plans an accidental death – that’s why it’s called an accident. But accidents do happen, and good parenting requires you to protect your child with advanced legal preparation through the Schaller Law Firm’s “New Parent Child Protection Plan.”
Who Pays Your Child's Needs Should You Become Incapacitated?
your child needs financial protection should you become incapacitated because of sickness or injury. Your spouse could be barred from accessing your individual bank account without a court order. What happens if you and your spouse are both incapacitated after a devastating vehicle collision?
Who Makes Medical Decision Should Something Happen to Me?
a power of attorney for health care is essential to protecting a person should they become incapacitated. A power of attorney is especially important when the person is responsible for taking care of a young child.
How Long Do You Have to Get a Lawyer After a Car Accident?
talking to a lawyer can be extremely beneficial if you have been injured in a car accident. Make sure to speak with one as soon as possible to ensure your rights are protected, and your claim is filed in a timely manner.
Can Social Media Impact Your NY Car Accident Case?
posting information about your accident on social media can negatively impact your auto accident claim. Insurance companies will use the information you post about the accident to devalue or deny your claim.
Maryland Military Divorce Overview
when a military family goes through a divorce, unique issues come up.  Understanding the complex issues in a military divorce will lead to better decisions and fairer outcomes. This article highlights some of the most common issues. Remember, a military divorce is not exactly like other divorces; it involves additional legal issues.
recently, President Joe Biden directed federal agencies to review whether cannabis is appropriately classified in the Controlled Substances Act according to the scientific data available.
How to Check the Status of a Workers’ Comp Claim
if you have been injured at work and have filed for workers' comp benefits, you may be wondering how to check the status of your claim.
How Long Will My Car Accident Settlement Take?
we understand your eagerness to put the accident behind you and move on with your life. However, here are some factors to keep in mind.
When to choose and credit lawyer versus a credit repair company to fix your credit?
in today’s digital world, credit plays a significant role in determining one’s future. Therefore, it’s no surprise that many ask if hiring a lawyer is the right way to fix your credit. Let’s explore the difference between credit repair companies and lawyers.  They each have something unique to offer.  But every situation is individual, and it’s up to you to decide what you need.
Is It Illegal to Wear Headphones While Driving in Missouri?
there is currently no law against using headphones while driving in Missouri. While the Highway Patrol discourages it, there is no law dictating whether or not drivers can use headphones while behind the wheel. However, just because it’s not explicitly prohibited by law does not mean it’s a safe habit.
10 Terms Commonly Used in a Car Accident Settlement
we've outlined some of the most common terms used in car accident settlements, as well as their meanings.