Case Results

  • All
  • Assault
  • Contempt
  • Domestic Violence
  • Drug Crimes
  • DUIs
  • Fraud/Theft
  • Motions to Vacate
  • Other Crimes
  • Post-Conviction Relief
  • Restraining Orders
  • Sex Crimes

Misdemeanor Domestic Battery

Outcome: Case Dismissed without Trial

Client was charged with a misdemeanor domestic battery under Penal Code 243(e)(1) in Santa Clara County. Through negotiations with the District Attorney, our team was able to secure a case dismissal without trial. Client was also not subjected to potentially severe immigration consequences.

Motion to Vacate (Immigration Purposes)

Outcome: Motion to Vacate Granted

Client was previously convicted of three different crimes related to the possession and sale of marijuana. The Nieves Law Firm filed a Motion to Vacate in Orange County on behalf of the client. The District Attorney had no objections and the Motion to Vacate was granted.

Domestic Violence Restraining Order (DVRO)

Outcome: Restraining Order Denied and Sealed

Client hired us to represent him in a domestic violence restraining order filed in Alameda County. Through a mediated agreement, we were able to get the case resolved. We went on to help the client file a petition to seal the restraining order. While these petitions are rarely granted, we were able to get the court to grant our request to seal the restraining order and accompanying settlement documents.

Multiple Misdemeanor Domestic Battery Charges

Outcome: Both Cases Dismissed Prior to Trial

Client was facing two separate misdemeanor domestic battery charges in Alameda County. Our team was able to secure a case dismissal for both charges prior to trial.

First Offese DUI

Outcome: No Charges Filed

Client hired us as they were under investigation for a first-offense DUI in Alameda County related to them blowing a .09% BAC (over the .08% legal limit). We were able to actively monitor the situation in the precharging stage and were able to help the client avoid criminal charges as no charges were filed.

Title IX Sexual Assault Allegations

Outcome: No Criminal Charges Filed & Detention

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 the matter was certified as detention only.

Multiple Felony Forcible Lewd Conduct Acts Upon a Child – PC 288 (b)(1)

Outcome: No Jail Time & No Sex Offender Registration

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.

3 Misdemeanor Charges Related to Child Molestation and Contempt

Outcome: Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender

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.

Sexual Battery & Domestic Violence Restraining Order

Outcome: No Charges Filed & Restraining Order Rejected

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.

Rape and 22 Other Felony Charges

Outcome: Pled to Accessory After the Fact & Immediately Released from Custody

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.

23 Felony Counts Ranging from Sodomy, Oral Copulation, Rape, and Domestic Violence

Outcome: All 23 Sexual Assault and Domestic Violence Charges Dismissed after Preliminary Hearing

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.

Felony Sexual Battery & Restraining Order

Outcome: No Charges Filed and Restraining Order Denied

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.

Domestic Violence Restraining Order (DVRO)

Outcome: DVRO Dismissed for Client in Santa Clara County

Client was undergoing the divorce process with a former spouse. A child custody dispute arose related to their divorce and the client was surprised to find that they were being served with a DVRO. The client, with the help of an attorney at The Nieves Law Firm, contested the DVRO in a hearing. The judge agreed with the argument made by The Nieves Law Firm attorney and the DVRO request was denied.

Elder Abuse Restraining Order (EARO)

Elder Abuse Restraining Order Dismissed

Client was renting a building to open their own small business. After the owner passed away, the client began receiving threats from the previous owner’s spouse and daughter related to contacting the Department of Health (DOH) and Immigration and Customs Enforcement (ICE) and was served with an EARO. After a trial, the judge ruled in our client’s favor and denied the EARO that was filed.

Workplace Violence Restraining Order (WVRO)

Outcome: Workplace Violence Restraining Order Dismissed

Client’s former employer filed a WVRO against our client due to allegations of threats made by the client. Five previous coworkers made allegations that our client threatened them in the workplace. Client hired The Nieves Law Firm to dispute the allegations and the WVRO. Her goal was to prove her innocence in the whole situation. The judge agreed with our argument and the WVRO filed against her was denied.

Domestic Violence Restraining Order (DVRO)

Outcome: DVRO Granted for Client in San Francisco County

Client was in a unique situation with a former partner due to an employment dispute between the partner of the client’s daughter and the ex-partner. The situation became serious when the ex-partner started making threats of violence against the client, the client’s daughter, and the daughter’s partner. The judge agreed with the argument made by The Nieves Law Firm and granted our client a DVRO.

Civil Harassment Restraining Order (CHRO)

Outcome: Restraining Order Denied and Attorney Fees Granted

Client hired The Nieves Law Firm for assistance filing a CHRO. Client was receiving harassment related to a prior relationship she had with the respondent’s husband. The harassment escalated and the respondent was making attempts to impact her professional career and extort money from her. The judge agreed with our client’s argument and granted the CHRO. The court also required the other party to pay approximately $8,500 in attorney fees to our client.

Civil Harassment Restraining Order (CHRO)

Outcome: CHRO Granted for Client in Alameda County

Client was threatened by another individual related to the purchase/title of a vehicle. Client was receiving many different threats, including threats of physical harm, via text messages and email. Client’s reputation was also being attacked online. Our client pursued a CHRO to protect him and his family. The judge agreed with our argument and the client was granted a 5-year restraining order.

Governor’s Pardon

Outcome: Pardon Granted

Client was having trouble finding adequate housing due to prior conviction. Our attorneys worked with the client to find recourse through post-conviction relief. The pardon was granted on behalf of our client.

Resentencing Request

Outcome: New Sentence Granted

Client was serving a sentence for a crime in a California jail. Based on information related to the case, we believed the client was eligible for resentencing. A new sentence was granted on behalf of the client.

Resentencing Request

Outcome: New Sentence Granted

Client was serving a sentence for a crime in a California jail. Based on information related to the case, we believed the client was eligible for resentencing. A new sentence was granted on behalf of the client.

Certificate of Rehabilitation

Outcome: Certificate of Rehabilitation Granted

Client was facing repercussions of previous run in with the law. In pursuit of a professional license, the client wanted to move on from issue and ensure it would not impact professional license. We were able to get a Certificate of Rehabilitation Granted on behalf of the client.

Petition to Seal an Arrest

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.

Contracting without a License

Outcome: Stipulated Early Termination & Dismissal Upon Payment of Fine

Client was arrested after an investigation by the California 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 dismissed and the record sealed.

Resisting Arrest

Outcome: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.

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.

Writ of Error Coram Nobis (Immigration Purposes)

Writ of Error Coram Nobis Granted

Client was facing immigration consequences for a prior drug-related conviction. Jo-Anna Nieves filed a writ of error coram nobis on behalf of the client, noting that the client’s prior attorney failed to advise him of the deportation consequences of a conviction. The court agreed with the motion filed by Jo-Anna and the writ was granted, allowing client to continue their life with their family in the US.

Motion to Vacate (Immigration Purposes)

Outcome: Motion to Vacate Granted

Client was facing immigration consequences for a prior drug conviction. The Nieves Law Firm filed a motion to vacate due to the client not understanding how the plea would impact their immigration status. The court agreed with the motion filed and granted the motion to vacate the prior conviction. After the conviction was vacated, the client was no longer facing deportation consequences.

Felon in Possession of a Firearm, Kidnapping, & Strike Allegations

Outcome: Kidnapping and Sentence Enhancements Dismissed. Pled to a Non-Strike Disposition

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.

Insurance Fraud

Outcome: Charges Dismissed

Client was accused misrepresenting the date of damages to a car insurance company after securing
insurance. Client was subsequently charged with multiple felony counts of insurance fraud. The Nieves
Law Firm maintained that what was perceived as deception by the insurance company was a simple
mistake made by the client. The case was ultimately resolved with a deferred entry of judgement,
meaning the case was dismissed after the client completed the agreed upon terms and stayed free of
any new arrests or convictions.

Felony Insurance Fraud (PC 550(a)(1) & PC 550(b)(1))

Outcome: Pled to Accessory After the Fact

Client was charged with 2 counts of insurance fraud related to Penal Code 550 in Marin County. Our attorneys were able to negotiate a favorable plea agreement with the prosecuting attorney. The client entered a plea to a PC 32 with deferred judgment. Once the client completes the necessary steps of their deferred judgment, their case will be dismissed. No jail or prison time was served.

Precharging Felony Fraud

Outcome Pled to Accessory After the Fact

Client hired The Nieves Law Firm because they believed they were going to be charged with felony fraud
in the near future based on conversations with their accountant. Our attorneys negotiated with the
District Attorney while retaining our client’s anonymity. We were able to resolve the issue with our
client pleading to a misdemeanor PC 32 accessory after the fact offense with one year of probation,
avoiding felony charges and the serious immigration consequences associated with a fraud conviction.

4 Felony Counts of Fraud: Misrepresentation, Perjury Welfare

Outcome: Case Dismissed

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 attended a theft-class, the criminal case was dismissed, and the client’s immigration status was protected.

Aggravated DUI

Outcome: Pled Down to “Wet Reckless”

Client charged with DUI after falling asleep in her vehicle. As a mother, the client could not afford to lose her job or spend any time in jail. We were able to secure a favorable plea agreement of “Wet Reckless” despite her high BAC (Over .15%). Client did not have to spend time in custody, faced reduced fines and fees, and avoided potential professional consequences she was facing.

Hit & Run DUI

Outcome: Pled to Non-DUI Misdemeanor & No License Suspension

Client accused of a hit and run and DUI after being involved in an accident with a .14% BAC. We negotiated a “Dry Reckless” disposition, meaning this resulted in a reckless driving misdemeanor that does not count as a DUI prior. This means the client did not face a license suspension, did not have to attend DUI school or face other DUI consequences, and was fined only $240.

Third-Offense DUI

Outcome: Favorable Plea Agreement & No Jail Time

Client facing third-offense DUI with multiple sentence enhancements for a high BAC (Over .15%) and a violation of probation. This is typically punishable by a mandatory minimum jail sentence of 120 days. We were able to obtain a plea deal that resulted in an ankle monitor rather than jail time, allowing the client to stay out of custody and keep his job.

Two Drunk Driving DUIs

Outcome: Not Guilty on One Count & Other Count Dismissed

Client charged with two drunk driving DUIs. We conducted a bench trial on one count and were able to secure a not guilty finding and submit the order of acquittal to the DMV to prevent license suspension for the client. The other count was successfully transferred to Veteran’s Court and, after successful participation by the client, the case was dismissed completely.

Corporal Injury to a Spouse

Outcome: Charges Not Filed after Conferring with DA

Client was accused of domestic violence under Penal Code 273.5(A) due to an alleged incident with and ex dating partner that led to a neighbor calling police. Police came and arrested our client due to the other party having teeth marks on their arm. Our in-house investigator took statements from the involved parties and our attorney spoke with the District Attorney (DA) to explain why no charges should be filed in the case emphasizing the weaknesses in the evidence. The DA agreed and rejected charges against our client.

Corporal Injury to a Spouse, Assault with a Deadly Weapon, and Resisting Arrest

Outcome: Deferred Judgement (Charges Dismissed After Completion)

Client charged with corporal injury to a spouse, assault with a deadly weapon, and resisting arrest due to an incident with her partner. The client’s main goal was to stay out of jail to focus on reputation and career. Our attorneys were able to secure a deferred entry of judgment, meaning the client did not have to go to jail and all the charges were dismissed after 12 months once the client completed anger management and community service.

2 Separate Cases of Domestic Battery

Outcome: Both Cases Dismissed

Client was facing 2 separate cases of misdemeanor domestic violence charges due to multiple alleged altercations with his partner. The client was very concerned about a potential conviction negatively impacting his life goals. During the trial setting less than a week before trial, we were able to convince the District Attorney (DA) that there was insufficient evidence to proceed and the case should be dropped. The DA agreed, resulting in both cases being dismissed before trial.

Domestic Violence & Domestic Violence Restraining Order

Outcome: Client Found Not Guilty

Client was accused of choking his wife while at home. The wife’s parents later claimed to have witnessed hitting and choking perpetrated by the client the same evening. The wife also filed a Domestic Violence Restraining Order. The client was found NOT GUILTY after a trial and the restraining order against him was resolved by way of a stipulated agreement. The client’s arrest was sealed and ordered to be destroyed due to a finding of factual innocence.

Misdemeanor Corporal Injury to a Spouse

Outcome: Client Not Found Guilty

Client was facing misdemeanor domestic violence charges for corporal injury to a spouse under Penal Code 273.5(a) due to an altercation he had with his partner. The case went to trial and resulted in a hung jury, meaning the client was not found guilty and he was not required to go to jail, pay fines, or be put on probation.

Domestic Violence

10 Counts of Domestic Violence

Outcome: Not Guilty on All Counts

10 Counts of Domestic Violence, Child Abuse, Domestic Battery, Simple Battery & Assault Client was accused of pushing the mother of his child into a bathroom shower door, pushing her down the stairs, taking their children and hitting her in front of the children causing emotional distress to the kids. Client was found NOT GUILTY on ALL 10 counts at trial.

Possession of a Controlled Substance, Resisting Arrest, & Child Abuse

Outcome: All Charges Dismissed without Trial

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.

Methamphetamine & Paraphernalia Drug Charges

Outcome: Case Dismissed and Record 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.

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.

Felony-Strike Assault on a Police Officer with a Deadly Weapon

Outcome: Pled to a Misdemeanor & Avoided a Felony Conviction

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.

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.

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.

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.

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.

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.

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.

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.

Felony-Strike Assault on a Police Officer with a Deadly Weapon

Outcome: Pled to a Misdemeanor & Avoided a Felony Conviction

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.

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.

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.

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.

Misdemeanor Domestic Battery

Outcome: Case Dismissed without Trial

Client was charged with a misdemeanor domestic battery under Penal Code 243(e)(1) in Santa Clara County. Through negotiations with the District Attorney, our team was able to secure a case dismissal without trial. Client was also not subjected to potentially severe immigration consequences.

Multiple Misdemeanor Domestic Battery Charges

Outcome: Both Cases Dismissed Prior to Trial

Client was facing two separate misdemeanor domestic battery charges in Alameda County. Our team was able to secure a case dismissal for both charges prior to trial.

Corporal Injury to a Spouse

Outcome: Charges Not Filed after Conferring with DA

Client was accused of domestic violence under Penal Code 273.5(A) due to an alleged incident with and ex dating partner that led to a neighbor calling police. Police came and arrested our client due to the other party having teeth marks on their arm. Our in-house investigator took statements from the involved parties and our attorney spoke with the District Attorney (DA) to explain why no charges should be filed in the case emphasizing the weaknesses in the evidence. The DA agreed and rejected charges against our client.

Corporal Injury to a Spouse, Assault with a Deadly Weapon, and Resisting Arrest

Outcome: Deferred Judgement (Charges Dismissed After Completion)

Client charged with corporal injury to a spouse, assault with a deadly weapon, and resisting arrest due to an incident with her partner. The client’s main goal was to stay out of jail to focus on reputation and career. Our attorneys were able to secure a deferred entry of judgment, meaning the client did not have to go to jail and all the charges were dismissed after 12 months once the client completed anger management and community service.

Domestic Violence & Domestic Violence Restraining Order

Outcome: Client Found Not Guilty

Client was accused of choking his wife while at home. The wife’s parents later claimed to have witnessed hitting and choking perpetrated by the client the same evening. The wife also filed a Domestic Violence Restraining Order. The client was found NOT GUILTY after a trial and the restraining order against him was resolved by way of a stipulated agreement. The client’s arrest was sealed and ordered to be destroyed due to a finding of factual innocence.

Misdemeanor Corporal Injury to a Spouse

Outcome: Client Not Found Guilty

Client was facing misdemeanor domestic violence charges for corporal injury to a spouse under Penal Code 273.5(a) due to an altercation he had with his partner. The case went to trial and resulted in a hung jury, meaning the client was not found guilty and he was not required to go to jail, pay fines, or be put on probation.

Possession of a Controlled Substance, Resisting Arrest, & Child Abuse

Outcome: All Charges Dismissed without Trial

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.

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.

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.

First Offese DUI

Outcome: No Charges Filed

Client hired us as they were under investigation for a first-offense DUI in Alameda County related to them blowing a .09% BAC (over the .08% legal limit). We were able to actively monitor the situation in the precharging stage and were able to help the client avoid criminal charges as no charges were filed.

Aggravated DUI

Outcome: Pled Down to “Wet Reckless”

Client charged with DUI after falling asleep in her vehicle. As a mother, the client could not afford to lose her job or spend any time in jail. We were able to secure a favorable plea agreement of “Wet Reckless” despite her high BAC (Over .15%). Client did not have to spend time in custody, faced reduced fines and fees, and avoided potential professional consequences she was facing.

Third-Offense DUI

Outcome: Favorable Plea Agreement & No Jail Time

Client facing third-offense DUI with multiple sentence enhancements for a high BAC (Over .15%) and a violation of probation. This is typically punishable by a mandatory minimum jail sentence of 120 days. We were able to obtain a plea deal that resulted in an ankle monitor rather than jail time, allowing the client to stay out of custody and keep his job.

Two Drunk Driving DUIs

Outcome: Not Guilty on One Count & Other Count Dismissed

Client charged with two drunk driving DUIs. We conducted a bench trial on one count and were able to secure a not guilty finding and submit the order of acquittal to the DMV to prevent license suspension for the client. The other count was successfully transferred to Veteran’s Court and, after successful participation by the client, the case was dismissed completely.

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.

Insurance Fraud

Outcome: Charges Dismissed

Client was accused misrepresenting the date of damages to a car insurance company after securing
insurance. Client was subsequently charged with multiple felony counts of insurance fraud. The Nieves
Law Firm maintained that what was perceived as deception by the insurance company was a simple
mistake made by the client. The case was ultimately resolved with a deferred entry of judgement,
meaning the case was dismissed after the client completed the agreed upon terms and stayed free of
any new arrests or convictions.

4 Felony Counts of Fraud: Misrepresentation, Perjury Welfare

Outcome: Case Dismissed

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 attended a theft-class, the criminal case was dismissed, and the 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.

Motion to Vacate (Immigration Purposes)

Outcome: Motion to Vacate Granted

Client was previously convicted of three different crimes related to the possession and sale of marijuana. The Nieves Law Firm filed a Motion to Vacate in Orange County on behalf of the client. The District Attorney had no objections and the Motion to Vacate 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 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.

Writ of Error Coram Nobis (Immigration Purposes)

Writ of Error Coram Nobis Granted

Client was facing immigration consequences for a prior drug-related conviction. Jo-Anna Nieves filed a writ of error coram nobis on behalf of the client, noting that the client’s prior attorney failed to advise him of the deportation consequences of a conviction. The court agreed with the motion filed by Jo-Anna and the writ was granted, allowing client to continue their life with their family in the US.

Motion to Vacate (Immigration Purposes)

Outcome: Motion to Vacate Granted

Client was facing immigration consequences for a prior drug conviction. The Nieves Law Firm filed a motion to vacate due to the client not understanding how the plea would impact their immigration status. The court agreed with the motion filed and granted the motion to vacate the prior conviction. After the conviction was vacated, the client was no longer facing deportation consequences.

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.

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.

Contracting without a License

Outcome: Stipulated Early Termination & Dismissal Upon Payment of Fine

Client was arrested after an investigation by the California 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 dismissed and the record sealed.

Resisting Arrest

Outcome: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.

Governor’s Pardon

Outcome: Pardon Granted

Client was having trouble finding adequate housing due to prior conviction. Our attorneys worked with the client to find recourse through post-conviction relief. The pardon was granted on behalf of our client.

Resentencing Request

Outcome: New Sentence Granted

Client was serving a sentence for a crime in a California jail. Based on information related to the case, we believed the client was eligible for resentencing. A new sentence was granted on behalf of the client.

Petition to Seal an Arrest

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.

Domestic Violence Restraining Order (DVRO)

Outcome: Restraining Order Denied and Sealed

Client hired us to represent him in a domestic violence restraining order filed in Alameda County. Through a mediated agreement, we were able to get the case resolved. We went on to help the client file a petition to seal the restraining order. While these petitions are rarely granted, we were able to get the court to grant our request to seal the restraining order and accompanying settlement documents.

Domestic Violence Restraining Order (DVRO)

Outcome: DVRO Dismissed for Client in Santa Clara County

Client was undergoing the divorce process with a former spouse. A child custody dispute arose related to their divorce and the client was surprised to find that they were being served with a DVRO. The client, with the help of an attorney at The Nieves Law Firm, contested the DVRO in a hearing. The judge agreed with the argument made by The Nieves Law Firm attorney and the DVRO request was denied.

Elder Abuse Restraining Order (EARO)

Elder Abuse Restraining Order Dismissed

Client was renting a building to open their own small business. After the owner passed away, the client began receiving threats from the previous owner’s spouse and daughter related to contacting the Department of Health (DOH) and Immigration and Customs Enforcement (ICE) and was served with an EARO. After a trial, the judge ruled in our client’s favor and denied the EARO that was filed.

Workplace Violence Restraining Order (WVRO)

Outcome: Workplace Violence Restraining Order Dismissed

Client’s former employer filed a WVRO against our client due to allegations of threats made by the client. Five previous coworkers made allegations that our client threatened them in the workplace. Client hired The Nieves Law Firm to dispute the allegations and the WVRO. Her goal was to prove her innocence in the whole situation. The judge agreed with our argument and the WVRO filed against her was denied.

Domestic Violence Restraining Order (DVRO)

Outcome: DVRO Granted for Client in San Francisco County

Client was in a unique situation with a former partner due to an employment dispute between the partner of the client’s daughter and the ex-partner. The situation became serious when the ex-partner started making threats of violence against the client, the client’s daughter, and the daughter’s partner. The judge agreed with the argument made by The Nieves Law Firm and granted our client a DVRO.

Civil Harassment Restraining Order (CHRO)

Outcome: CHRO Granted for Client in Alameda County

Client was threatened by another individual related to the purchase/title of a vehicle. Client was receiving many different threats, including threats of physical harm, via text messages and email. Client’s reputation was also being attacked online. Our client pursued a CHRO to protect him and his family. The judge agreed with our argument and the client was granted a 5-year restraining order.

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.

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.

Multiple Felony Forcible Lewd Conduct Acts Upon a Child – PC 288 (b)(1)

Outcome: No Jail Time & No Sex Offender Registration

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.

3 Misdemeanor Charges Related to Child Molestation and Contempt

Outcome: Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender

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.

Sexual Battery & Domestic Violence Restraining Order

Outcome: No Charges Filed & Restraining Order Rejected

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.

Felony Sexual Battery & Restraining Order

Outcome: No Charges Filed and Restraining Order Denied

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.

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.

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.

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.

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.

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