Kirk Wincote Elliott, Criminal Defense Attorney in San Jose, California
Over 37 years of legal practice · focused on Criminal Defense, DUI/DWI, and Litigation · 4.2/5 rating from 5 verified client reviews
MemberatRoberts & Elliott, LLP
San Jose, CA
Practicing criminal defense in San Jose since 1989.
- 37+
- Years practicing
- 4.2 ★
- 5 client reviews
- 1
- Bar admission
Practices in
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Quick answer
Kirk Wincote Elliott is a member based in San Jose, CA. The practice focuses on Criminal Defense, DUI/DWI, and Litigation. Kirk has over 37 years of legal experience. Currently practicing at Roberts & Elliott, LLP. Rated 4.2 out of 5 from 5 client reviews.
- Based in
- San Jose, CA
- Experience
- over 37 years
- Known for
- Criminal Defense · DUI/DWI · Litigation
- Handles Criminal Defense, DUI/DWI, and Litigation matters from San Jose, CA.
- Over 37 years of practice as a licensed attorney.
- Recognized with BV Distinguished.
About Kirk Wincote Elliott: Kirk Wincote Elliott is a member based in San Jose, CA. The practice focuses on Criminal Defense, DUI/DWI, and Litigation. Kirk has over 37 years of legal experience. Currently practicing at Roberts & Elliott, LLP. Rated 4.2 out of 5 from 5 client reviews.
Areas of practice
Legal matters Kirk takes on
Kirk concentrates on criminal defense, dui/dwi, and litigation. Each area below outlines the kind of case Kirk handles, typical outcomes to expect, and how the intake process starts.
Criminal Defense
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DUI/DWI
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Litigation
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Criminal Defense cases in San Jose, California
Kirk takes criminal defense matters in San Jose, California. Typical engagements include intake calls to scope the issue, review of any records or filings you already have, and a written strategy memo before Kirk agrees to represent you.
DUI/DWI cases in San Jose, California
Kirk takes dui/dwi matters in San Jose, California. Typical engagements include intake calls to scope the issue, review of any records or filings you already have, and a written strategy memo before Kirk agrees to represent you.
Litigation cases in San Jose, California
Kirk takes litigation matters in San Jose, California. Typical engagements include intake calls to scope the issue, review of any records or filings you already have, and a written strategy memo before Kirk agrees to represent you.
Biography
Meet Kirk Wincote Elliott — criminal defense lawyer in San Jose
Kirk Wincote Elliott is a member based in San Jose, CA. The practice focuses on Criminal Defense, DUI/DWI, and Litigation. Kirk has over 37 years of legal experience. Currently practicing at Roberts & Elliott, LLP. Rated 4.2 out of 5 from 5 client reviews.
Kirk Wincote Elliott is a lawyer practicing criminal law, civil litigation, dui & dwi and 1 other area of law. Kirk received a B.A. degree from University of California at Santa Barbara in 1985, and has been licensed for 37 years. Kirk practices at Roberts & Elliott, LLP in San Jose, CA.
How Kirk handles criminal defense matters
Kirk Wincote Elliott is a lawyer practicing criminal law, civil litigation, dui & dwi and 1 other area of law. Kirk received a B.A. degree from University of California at Santa Barbara in 1985, and has been licensed for 37 years. Kirk practices at Roberts & Elliott, LLP in San Jose, CA.
Who Kirk represents
Kirk reviews new inquiries case-by-case for criminal defense, dui/dwi, and litigation matters in San Jose and the surrounding California area.
Credentials
Education, bar admissions, and languages
Santa Clara University
J.D. · 1988
University of California at Santa Barbara
B.A. · 1985
Jurisdictions
Kirk's state bar admissions
California
1989 · ACTIVE
Kirk studied at J.D. in Santa Clara University and B.A. in University of California at Santa Barbara.
Law school and academic background
Kirk completed J.D. in Santa Clara University and B.A. in University of California at Santa Barbara. Formal legal training is one signal of substantive knowledge — the day-to-day practice Kirk runs in California is where that training gets applied to real client questions.
Recognition
Recognition and thought leadership
Kirk has received 1 formal recognition from bar associations, industry bodies, and peer-review services.
BV Distinguished
Legal awards and honors
BV Distinguished.
Affiliations
Kirk's professional memberships and bar associations
Santa Clara County and American Bar Associations State Bar of California
membership
Locations
Kirk Wincote Elliott's office in San Jose
Kirk's primary office is at 150 Almaden Blvd., Ste. 950, San Jose, CA, 95113. In-person meetings are by appointment; a phone intake usually comes first.
Client feedback
Client reviews of Kirk Wincote Elliott — 4.2/5 rating from 5 verified client reviews
Every review below is from a verified client of Kirk. Reviews cover communication, case outcome, and value — the three signals that matter most when comparing criminal defense attorneys in San Jose.
4.2
5 client reviews
Client ratings are sourced from public records and editorial research. Reviews on LawyersListed are accepted from verified clients once Kirk Wincote Elliott claims this profile.
Read all reviewsHiring guide
How to hire Kirk Wincote Elliott — what to expect in your first consultation
Working with a new criminal defense attorney should feel structured. Here's how the first two conversations with Kirk usually go, from the moment you request a consult to the day representation begins.
Consultation formats and pricing
Kirk charges for the initial consult. That fee is credited toward representation if you retain Kirk's office.
What to bring to your first meeting
Bring any documents you already have — police reports, medical records, filed pleadings, correspondence from an insurer, a copy of the contract at issue. If you're not sure, err on the side of bringing everything; Kirk will tell you what matters and what doesn't.
Questions to ask a criminal defense attorney in San Jose, California
A short list to run through before you commit: How many criminal defense matters have you handled in the last year? What's your fee structure? Who else in the office will work on this? What's your realistic estimate of timeline and range of outcomes? How do I reach you between meetings?
Fees & payment
Fees, payment methods, and consultation options for Kirk
Kirk discusses fees during intake so the arrangement fits the matter. Contingency, hourly, and flat-fee options are all common in criminal defense practice — ask which fits.
Hourly rates, contingency fees, and flat-fee options
Every criminal defense matter is priced differently. Simple document review might be a flat fee. Injury litigation is often contingency. Complex commercial disputes usually run hourly with a retainer. Kirk confirms the model in the engagement letter before any work starts.
Payment methods and payment plans
Kirk's office accepts standard payment methods. Ask about payment plans if the retainer is a stretch — many criminal defense practices work with clients on structured schedules.
Frequently asked
Frequently asked questions about Kirk Wincote Elliott
How much does it cost to hire Kirk for a criminal defense case?
Cost depends on the type of matter, the fee model (contingency, flat, hourly), and how contested the case becomes. Kirk walks through the likely range during the consult so there are no surprises.
Does Kirk offer a free consultation?
Kirk charges for the initial consult; that fee is credited toward representation if you retain Kirk's office. Some criminal defense attorneys offer free consults — check Kirk's current terms during booking.
How long do criminal defense cases in California typically take?
Simple criminal defense matters can wrap in a few weeks; disputed cases can run 6–18 months from intake to resolution, longer if the matter goes to trial. Kirk gives a realistic estimate for your facts at the consult — vague answers here are a red flag.
Can Kirk take my case if I'm outside San Jose?
Kirk is licensed in California. Matters governed by California law are the natural fit. Out-of-state matters are handled case-by-case, sometimes with local co-counsel. Ask during intake — Kirk will tell you if the case is a fit or refer you to someone closer to your court.
What should I bring to my first meeting with Kirk?
Bring every document that touches the dispute: contracts, correspondence, police or medical reports, filed pleadings, invoices, photographs, insurance letters. Also bring a written timeline of what happened, in your own words. Kirk will filter what matters — over-preparing at intake is always cheaper than needing a second meeting.
Is Kirk accepting new criminal defense clients right now?
Kirk's intake status shifts week to week. Submit the form; the office will confirm availability or refer the matter out.
Areas served
Criminal Defense attorneys serving San Jose, Los Angeles and San Francisco in California
Kirk handles criminal defense matters throughout California. Each city below is a direct link into the search page for verified criminal defense attorneys in that community.
- San Jose5,009 attorneys
- Los Angeles39,975 attorneys
- San Francisco26,380 attorneys
- San Diego16,903 attorneys
- Sacramento10,561 attorneys
- Irvine6,831 attorneys
- Oakland5,709 attorneys
- Palo Alto4,084 attorneys
- Beverly Hills3,348 attorneys
- Newport Beach3,106 attorneys
- Pasadena2,894 attorneys
- Santa Monica2,756 attorneys
More counsel
Other top-rated criminal defense attorneys in California
If Kirk's intake is full or the fit isn't right, these criminal defense attorneys in San Jose handle similar matters. Every profile below is verified and open to consultations.




