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    Know and Protect Your Rights in a Criminal Defense Matter

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      Know and Protect Your Rights in a Criminal Defense Matter

          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.

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