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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

          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.

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