Case Results

When it comes to our legal defense and advocacy talents, the best advertisement is a happy and satisfied client. Here’s what previous clients have to say, and we welcome the opportunity to one day add testimonial to the list. Call us at The Nieves Law Firm, APC at 510-361-0575 or contact us here.

Title IX Investigation of University Student – Allegations Unsubstantiated

Outcome:

Our client, a student at the University of California, became the subject of a Title IX investigation following allegations that he provided a fellow student with THC gummies and engaged in non-consensual sexual intercourse with her. The parties had previously engaged in consensual sexual activity without drugs being involved; however, the complainant alleged that the presence and use of THC affected her ability to consent during the encounter. The allegations placed our client’s academic standing, reputation, and future at the University at risk.

Our defense team guided our client through the Title IX process, carefully addressing the allegations and advocating for his position throughout the investigation. We worked to provide the University with relevant context surrounding the parties’ prior consensual relationship and the circumstances of the incident.

The allegations against our client were ultimately found to be unsubstantiated. Through strategic advocacy and careful presentation of the circumstances surrounding the encounter, we helped our client successfully defend against the Title IX allegations and avoid an adverse finding.

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Title IX Investigation of Graduate Student – No Violation Found

Outcome:

Our client, a student at a graduate school, became the subject of a Title IX investigation following allegations of engaging in sexual relations without consent. The allegations placed our client’s academic standing, professional future, and reputation at risk. Throughout the process, our client maintained that while the parties had engaged in kissing and making out, they had not engaged in sexual intercourse.

Our defense team guided our client through the Title IX process, helping him understand his rights and responsibilities while preparing him to respond to the allegations. We advocated for our client’s position and worked to ensure that the distinction between the conduct that occurred and the more serious allegations being made against him was clearly presented during the investigation.

Our client was ultimately found not in violation of Title IX. Through careful advocacy and presentation of the facts, we helped our client successfully defend against the allegations and avoid an adverse Title IX finding.

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Murder Charge Reduced to Voluntary Manslaughter – PC 192(a)

Outcome:

Our client was charged with murder after he and a co-defendant were accused of fatally beating a transient man with metal bats. According to a witness, the victim had previously threatened the defendants, and an altercation began when the defendants confronted him. The victim attempted to walk away, after which our client and his co-defendant allegedly struck him multiple times in the head with metal bats before fleeing the scene. The case exposed our client to a potential sentence of 25 years to life in state prison, along with additional consequences associated with the alleged use of a deadly weapon and great bodily injury.

Our defense team carefully evaluated the circumstances surrounding the incident, the witness accounts, and the evidence supporting the murder allegation. We negotiated a significant reduction in the charges and secured an outcome that reflected voluntary manslaughter rather than murder. Our client was permitted to withdraw his previously entered plea and enter a no-contest plea to voluntary manslaughter under Penal Code § 192(a).

The murder charge was reduced to voluntary manslaughter, and our client was sentenced to 12 years in state prison, avoiding the potential 25-years-to-life sentence associated with the original murder charge. This resolution substantially reduced our client’s exposure in a serious homicide prosecution and avoided a life sentence.

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Fatal Traffic Collision – Manslaughter Charge Resolved as Reckless Driving

Outcome:

Our client was involved in a tragic traffic collision that resulted in the death of a close family friend and member of the community. The incident left our client profoundly remorseful and emotionally devastated, while also placing significant strain on his family. The prosecution initially sought vehicular manslaughter charges, while the victim’s family understandably sought accountability for their loss. Our client faced the possibility of incarceration and the devastating long-term consequences of a fatal traffic collision.

Our defense team presented the court with a comprehensive picture of our client’s life, family responsibilities, remorse, and the profound emotional impact the collision had already caused. We worked closely with our client to develop a mitigation strategy, and we addressed the importance of grief counseling and support given the significant trauma our client experienced. At the court hearing, we advocated for a resolution that balanced accountability with the interests of our client’s family and the wishes of the victim’s family.

Our client entered a no-contest plea to one count of reckless driving under Vehicle Code § 23103. Our client was sentenced to no jail time, one year of probation, 120 hours of community service, and stipulated restitution covered through insurance.

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Felony Assault with a Deadly Weapon at Group Home – Reduced to Misdemeanor

Outcome:

Our client, an IT engineer with a documented history of mental health conditions, was charged with felony assault with a deadly weapon after striking another resident of his group home with a metal microphone stand during a confrontation. The incident followed hours of harassment and escalating behavior by the alleged victim, who repeatedly ignored warnings, entered our client’s private patio, and forced open the gate before advancing toward him. A felony conviction would have exposed our client to significant penalties, jeopardized his ability to rebuild his engineering career, limited future housing opportunities, and left him with the lifelong consequences of a felony criminal record.

Our defense team carefully investigated the circumstances surrounding the incident, emphasizing our client’s history of cooperation with law enforcement, the repeated harassment he endured, and the evidence supporting his claim that he acted in self-defense after the alleged victim unlawfully entered his private space. We advocated for a resolution that more accurately reflected the circumstances of the incident while protecting our client’s future.

After our defense team effectively challenged the prosecution’s evidence at the preliminary hearing, the court declined to hold our client to answer on the felony offense. The charge was reduced from a felony to a misdemeanor, allowing our client to avoid the severe collateral consequences of a felony that could have impacted his career, housing, and future.

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Assault and Battery on a Police Officer at NFL Game – Case Dismissed

Outcome:

Our client was a co-defendant in a criminal case arising from an incident at an NFL game. Our client was accused of resisting arrest and two counts of assault and battery on a police officer. Convictions on these charges would have resulted in significant criminal penalties and lasting consequences for our client’s record and future.

Our defense team carefully examined the circumstances surrounding the arrest, including the officers’ conduct and the use of force. We filed a pretrial motion challenging the use of excessive force and aggressively scrutinized the credibility and account of one of the officers involved. By challenging the prosecution’s evidence and bringing inconsistencies in the officer’s account to light, we worked to undermine the allegations against our client.

Our strategic defense ultimately resulted in the case being dismissed. Our client avoided conviction on the resisting arrest and assault and battery charges and was able to move forward without those allegations resulting in a criminal conviction.

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Homicide Charge Following Fatal Struggle – Self-Defense

Outcome:
Case dismissed — lawful self-defense established.

Our client was charged with homicide after a confrontation with two individuals who had stolen his work van. After locating the vehicle using a tracking device, our client attempted to recover it on his own after law enforcement declined to assist. During the encounter, one individual entered the driver’s seat while the other physically attacked our client. A violent struggle ensued, during which our client was stabbed and fought back using a knife he found inside the vehicle. One of the assailants later died from her injuries, exposing our client to a murder prosecution and a life-altering prison sentence.

Our defense team conducted an extensive investigation into the circumstances surrounding the incident and meticulously analyzed the physical evidence and witness statements. Applying our thorough understanding of California self-defense law, we demonstrated that our client was the victim of a violent assault, had sustained stab wounds himself, and used force only while defending himself during a rapidly escalating attack. We aggressively advocated that the evidence established lawful defense under California law, which justifies the use of deadly force when necessary to defend oneself or prevent the commission of a forcible and atrocious felony.

After reviewing the evidence and our legal arguments, the prosecution dismissed the case. By establishing that our client’s actions fell within the protections of California’s self-defense laws, we prevented a wrongful prosecution and protected our client from the devastating consequences of a homicide conviction.

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Attempted Murder Allegation – Road Rage Incident

Outcome:
Attempted murder case dismissed.

Our client was charged with attempted murder after the alleged victim claimed that shots were fired during a road rage incident in San Francisco. The allegations exposed our client to the possibility of a lengthy prison sentence and the life-altering consequences associated with one of California’s most serious felony offenses.

Our defense team carefully examined the prosecution’s evidence and identified critical weaknesses in the identification of the alleged shooter. We demonstrated that the alleged victim was unable to identify our client and could describe only a gray van, leaving the prosecution without reliable evidence connecting our client to the alleged offense. We aggressively challenged the sufficiency of the evidence and held the prosecution to its burden of proof.

As a result of the significant deficiencies we underscored, the prosecution dismissed the attempted murder case. Our client avoided wrongful prosecution and the devastating consequences of a conviction for a violent felony.

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Pre-Charging Domestic Violence Defense – PC 273.5(a)

Outcome:
District Attorney declined to file charges.

Our client was arrested on suspicion of inflicting corporal injury on a dating partner under California Penal Code § 273.5(a) following an alleged domestic violence incident involving a former partner. After a neighbor contacted law enforcement, officers responded to the scene and arrested our client based on the presence of bite marks on the other party’s arm. Although no formal charges had yet been filed, our client faced the prospect of felony prosecution and the significant personal and professional consequences that accompany domestic violence allegations.

Before charges were filed, our defense team acted immediately. Our in-house investigator conducted an independent investigation and obtained statements from the individuals involved, while our attorneys engaged directly with the District Attorney’s Office. We highlighted the evidentiary weaknesses in the case and presented information that undermined the basis for criminal charges, advocating that the available evidence did not support prosecution.

After reviewing our investigation and legal arguments, the District Attorney declined to file charges against our client. By intervening during the pre-charging stage, we prevented our client from facing criminal prosecution and the lasting consequences of a domestic violence conviction.

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Vehicular Manslaughter with Gross Negligence

Outcome:
Plea withdrawn; case dismissed entirely.

Our client, a senior citizen, was charged with vehicular manslaughter with gross negligence after a tragic collision in which a pedestrian jogging across the street lost her life. Although the incident resulted in a fatality, the evidence showed our client was not speeding or driving recklessly. We discovered that the collision occurred at an intersection with a documented history of visibility concerns, where the homeowners’ association had previously requested the installation of traffic mirrors because of the dangerous conditions. Despite these circumstances, the prosecution pursued a gross negligence charge and offered only a plea to manslaughter.

Our defense team conducted a thorough review of the evidence, focusing on the roadway conditions, visibility issues, and our client’s driving behavior. We demonstrated that the evidence did not support a finding of gross negligence and highlighted the documented safety concerns at the location. After our client initially entered a plea of nolo contendere, we successfully moved to withdraw the plea and continued advocating for dismissal by underscoring the significant weaknesses in the prosecution’s case.

Our efforts resulted in the withdrawal of our client’s nolo contendere plea and the complete dismissal of the vehicular manslaughter case. Our client avoided a manslaughter conviction and was able to move forward without the lifelong consequences of a criminal judgment stemming from this tragic accident.

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Juvenile Assault with a Deadly Weapon – Strike Avoided

Outcome:
Plea to accessory after the fact; no strike on juvenile record.

Our juvenile client was charged with assault with a deadly weapon after accompanying several friends to the home of an individual with whom they allegedly had an ongoing dispute. The prosecution alleged that members of the group attempted to lure the victim outside before shots were fired at the residence, striking windows, a parked vehicle, and other property. Our client was arrested shortly after and faced a strike offense that could have carried significant consequences for his future.

Our defense team conducted an independent investigation and carefully analyzed the available evidence. We identified significant shortcomings in the prosecution’s case, including the lack of evidence that our client fired a weapon or knew another individual intended to do so. Using these findings, we negotiated extensively with the District Attorney and advocated for a resolution that accurately reflected our client’s level of involvement rather than the prosecution’s initial allegations.

We secured a favorable disposition in which our client pled to accessory after the fact, avoiding a juvenile adjudication for assault with a deadly weapon and the accompanying strike consequences. Our client was able to move forward without a strike on his juvenile record, significantly reducing the long-term impact of the case.

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Continuous Sexual Abuse Allegations – Juvenile Court

Outcome:
All charges dismissed following treatment and mitigation.

Our client was accused of committing acts of continuous sexual abuse of a child against a younger family member when our client was a juvenile. After the allegations were reported through a member of the clergy, a mandated reporter, our client was arrested by law enforcement. The matter proceeded in juvenile court, exposing our client to severe legal consequences and the emotional burden of defending allegations involving a family member.

Our defense team immediately developed a proactive strategy that focused on both accountability and rehabilitation. We arranged for our client to engage in specialized treatment with a qualified mental health professional and provided the court and prosecution with ongoing reports documenting his participation. We thoroughly reviewed discovery and challenged it where appropriate, maintained open communication with the District Attorney, and worked with the treatment provider to demonstrate our client’s progress and risk assessment. Throughout the proceedings, we advocated for a resolution that reflected the unique circumstances of the case and our client’s rehabilitation.

Through strategic advocacy, extensive case preparation, and meaningful mitigation efforts, we negotiated a resolution that resulted in the dismissal of all charges. Our client was able to move forward without a criminal conviction after demonstrating significant progress in treatment and addressing the concerns raised by the prosecution.

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