3 Misdemeanor Charges Related to Child Molestation and Contempt
Client was facing 3 misdemeanor charges, including 2 counts of PC 647.3(a)(1) – Child Molestation and one count of PC 166(a)(4) – Contempt. Client was accused of making inappropriate advance against a minor and violating a pending restraining order. Client was facing several years in county jail and mandatory sex offender registration. Our team was able to secure a resolution that not only dismissed the sex offenses and the contempt action but resulted in a no contest plea to a petty misdemeanor offense of PC 653m(a), annoying telephone calls. The client did serve jail time and was not required to register as a sex offender.
Multiple Felony Forcible Lewd Conduct Acts Upon a Child – PC 288 (b)(1)
Client was facing 2 felony charges for forcible lewd conduct with a child with attached special allegations requiring mandatory consecutive prison terms. A conviction would have led to substantial prison time and the requirement to register as a sex offender. We were able to not only defeat allegations at preliminary hearing but post-prelim we were able to secure a plea agreement for the client to a PC 243(d) a wobbler offense that required no prison or jail time and no sex offender registration.
Felony Sexual Battery & Restraining Order
Client was accused of felony sexual battery and was served with a summons for a Restraining Order by the client’s ex-partner. The Restraining Order was ultimately dismissed after our team filed a forceful response countering the Petitioner’s accusations. The criminal charges were ultimately rejected and the client no longer had to face the threat of criminal prosecution or the requirement to register as a sex offender.
23 Felony Counts Ranging from Sodomy, Oral Copulation, Rape, and Domestic Violence
Client was arrested and arraigned on 23 felony charges ranging from various allegations of forcible rape, sodomy, oral copulation, and domestic violence (corporal injury) after an intimate partner claimed that ongoing consensual intercourse was not consensual. Our attorneys successfully defeated all 23 charged allegations and resolved the matter as a PC 32 (accessory after the fact) that secured the client’s immediate release from custody. The client was not required to register as a sex offender, serve further jail time, and the PC 32 was reduced to a misdemeanor.
4 Felony Counts of Fraud: Misrepresentation, Perjury Welfare
Outcome: Case Dismissed
This client was accused by the state welfare department of 4 felony counts of fraud including misrepresentation and perjury, which would have potentially resulted in severe immigration consequences including deportation. The Nieves Law Firm was able to negotiate a disposition where the client attend a theft-class, the criminal case was dismissed, and client’s immigration status was protected.
Insurance Fraud
Outcome: Dismissal of Charges
Client was accused of car insurance fraud with multiple counts of insurance fraud. The Nieves Law Firm maintained that what the insurance company perceived as deception was actually a mistake, and the case was ultimately resolved with a deferred entry of judgment and the dismissal of the insurance fraud charges.
Sexual Assault
Outcome: Dismissed
Client, a juvenile, was accused of sexual assault by another minor. The client and client’s family were distraught at the seriousness of these charges and how a conviction would affect the client’s future. We defended client against a Restraining Order by the parents of the alleged “victim”, which was ultimately dismissed. Thus, our client’s reputation was saved, the client’s future was unobstructed, and no expulsion from school took place. Criminal charges were not filed and matter was certified as detention only.
Hit and Run DUI
Outcome: Pled to non-DUI Misdemeanor
Client was accused of a hit and run as well as a DUI after being involved in an accident and a chemical test showing her to have a .14 BAC (Blood Alcohol Content). The Nieves Law Firm negotiated a misdemeanor non-DUI charge on behalf of our client, resulting in no license suspension, no DUI school, and no other DUI terms and conditions.
Contempt of a Court Order
Outcome: Case Dismissed
A contempt action was filed against a client for allegedly failing to pay child support as agreed to during the dissolution of their marriage. The Nieves Law Firm filed a demurrer, which was sustained, and the case was dismissed after hearing on the demurrer.
Petition to Seal
Outcome: Petition to Seal Granted
Client hired The Nieves Law Firm for a petition to seal a previous domestic violence restraining order in Contra Costa, California. The Nieves Law Firm was able to successfully argue that the petition to seal was necessary. The judge agreed and the petition to seal was granted.
Motion to Vacate – PC 236.14 (Human Trafficking)
Outcome: Motion to Vacate Granted
Client hired The Nieves Law Firm for a petition to vacate a prior conviction in Contra Costa County under PC 236.14. The Nieves Law Firm filed a petition to vacate the conviction based on the fact that the client was a victim of human trafficking at the time she committed the crime. The judge agreed with the argument made by The Nieves Law Firm and the granted the motion to vacate the prior conviction.
Motion to Vacate – PC 236.14 (Human Trafficking)
Outcome: Motion to Vacate Granted
Client hired The Nieves Law Firm for assistance vacating a non-violent prior conviction in Santa Clara County. The Nieves Law Firm filed a petition to vacate the conviction under Penal Code PC 236.14. The judge and the previous conviction was vacated from the client’s criminal record.
Motion to Vacate – PC 236.14 (Human Trafficking)
Outcome: Motion to Vacate Granted
Client hired The Nieves Law Firm for a petition to vacate 3 prior convictions in Alameda County under Penal Code 236.14, which allows individuals to vacate convictions that occurred while they were a victim of human trafficking. The judge agreed with the argument made by The Nieves Law Firm and the motion was granted, vacating the previous convictions from the client’s criminal record.
Resisting Arrest
Outcome: Charge Pled Down to an Infraction
Client was charged with misdemeanor resisting arrest during a traffic stop. The Nieves Law Firm argued against that accusation and the court reduced the criminal charge to an infraction. The client walked away with a small fine and no criminal consequences.
Rape and 22 Other Felony Charges
Outcome: Client Pled Guilty to One Count of Accessory After the Fact
Client was arrested and arraigned on 23 felony charges ranging from assault, battery, and rape after an intimate partner claimed that consensual intercourse was not consensual. The Nieves Law Firm was able to secure a dismissal of 22 of the 23 charges at a preliminary hearing, resulting in the client pleading no contest to one charge of PC 32 (Accessory After the Fact) which is not sexual or violent in nature. Client was also immediately released from custody.
Contempt of a Court Order
Outcome: Case Dismissed
Our client’s ex-spouse was constantly putting them in situations where our client would be violating terms of their custody agreement. The attorneys at The Nieves Law Firm were able to prove our client’s innocence and secure a case dismissal.
Civil Harassment Restraining Order
Outcome: Civil Harassment Restraining Order Denied
After a heated neighborhood dispute, a client needed our help to fight a civil harassment restraining order that was continually extended for many years. The Nieves Law Firm was able to get the civil harassment restraining order denied for our client, allowing them to avoid the negative repercussions of the restraining order.
Felony-Strike Assault on a Police Officer with a Deadly Weapon
Outcome: Reduced to a Misdemeanor
Client was charged felony-strike assault on a police officer with a deadly weapon. The Nieves Law Firm secured a successful plea agreement, resulting in the client pleading guilty to misdemeanor resisting arrest. Client did not get a strike on their record and avoided a felony conviction.
DVRO + Sexual Battery
Outcome: Dismissed
Client was accused of felony sexual battery and was served with a summons for a Restraining Order by client’s ex-partner. The Restraining Order was ultimately dismissed after we filed a detailed response to counter each of Petitioner’s accusations and criminal charges were rejected.
Child Abuse, Drug Charges
Outcome: Dismissed
Client was accused of felony child abuse by the child’s mother during an ongoing custody dispute. Upon review of the body worn cameras it was apparent that the arrest for resisting arrest and possession of a controlled substance was unlawful. Our client maintained his innocence and we rejected the prosecution’s offer – setting the case for trial and filing a motion to obtain the personnel record for the arresting officers and a motion to suppress illegally obtained evidence. Ultimately, all charges were dismissed without a trial.
Felon in Possession of Firearm
Outcome: 3yr SP
Client was suffering with addiction and was accused of kidnapping a family member and threatening to take his own life with a shotgun. He was charged with several felony charges including kidnapping and possession of a firearm by a convicted felon. There was over a decade of exposure and strike allegations. The matter resolved for a non-strike disposition of PC 29800 and an amended 245(a)(4) for three years state prison concurrent and the kidnapping offense and other status enhancements were dismissed.
Drug Charges
Outcome: Dismissed and Sealed
Client was arrested for possession of methamphetamine and narcotic paraphernalia. The Nieves Law Firm successfully litigated the case to drug court, getting all the charges dismissed, and then had the case and arrest record sealed.
Contracting Without a License
Outcome: Stipulated Early Termination and Dismissal Upon Payment of Fine
Client was arrested after an investigation by the CA State Licensing Board. The client was accused of violating two Business and Professions codes regarding false advertising and contracting without a license. The Nieves Law Firm helped protect his business and his professional reputation, obtaining a deferred entry of judgement and having the case be dismissed and the record sealed.