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.

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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Domestic Violence and Child Endangerment Case

Outcome:
Case Dismissed after Completion of Deferred Entry of Judgment

Client charged with misdemeanor domestic violence and child endangerment in San Mateo County. Initial felony charges were reduced to misdemeanors after investigation. The Nieves Law Firm successfully negotiated a deferred entry of judgment resolution requiring completion of anger management classes, financial classes, and family counseling over a six-month period. Body camera footage discrepancies and victim recantation supported our position. Upon successful completion of all requirements, the case was dismissed, preserving the client’s clean criminal record and firearm rights.

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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.

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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.

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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.

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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.

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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.

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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.

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Misdemeanor Corporal Injury to a Spouse

Outcome:
Client Not Found Guilty

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.

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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.

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Carol Miller Justice Center

301 Bicentennial Cir, Sacramento, CA 95826
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County of Santa Clara Hall of Justice

190 W Hedding St, San Jose, CA 95110
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East County Hall of Justice

5151 Gleason Dr, Dublin, CA 94568
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39439 Paseo Padre Pkwy, Fremont, CA 94538
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George E. McDonald Hall of Justice

2233 Shore Line Dr, Alameda, CA 94501
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Gordon D. Schaber Sacramento County Courthouse

720 9th St, Sacramento, CA 95814
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Lorenzo Patiño Hall of Justice

651 Street, Sacramento, CA 95814
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Marin County Superior Court

3501 Civic Center, Vera Schultz Dr, San Rafael, CA 94903
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Modesto Juvenile Court

2215 Blue Gum Ave, Modesto, CA 95358
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825 Brown St, Napa, CA 94559
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Old Solano Courthouse

580 Texas St, Fairfield, CA 94533
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Palo Alto Courthouse

270 Grant Ave, Palo Alto, CA 94306
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Pittsburg Superior Court, Richard E. Arnason Justice Center

1000 Center Dr, Pittsburg, CA 94565
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René C. Davidson Courthouse

1225 Fallon St, Oakland, CA 94612
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Richmond Superior Court, George D. Carroll Courthouse

100 37th St, Richmond, CA 94805
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Sacramento County Hall of Justice

813 6th St, Sacramento, CA 95814
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Sacramento County Juvenile Hall

9605 Kiefer Blvd, Sacramento, CA 95827
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San Francisco Hall of Justice

850 Bryant St, San Francisco, CA 94103
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San Francisco Juvenile Justice Center

400 McAllister St UNIT 517, San Francisco, CA 94102
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San Joaquin County Juvenile Justice Center

535 W Mathews Rd, French Camp, CA 95231
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San Leandro Juvenile Justice Center

2500 Fairmont Dr C3013, San Leandro, CA 94578
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San Mateo Hall of Justice

400 County Center, Redwood City, CA 94063
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Solano County Criminal Court

530 Union Ave, Fairfield, CA 94533
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Solano Superior Court

600 Union Ave, Fairfield, CA 94533
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South County Morgan Hill Courthouse

301 Diana Ave, Morgan Hill, CA 95037
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Stanislaus County Superior Court

800 11th St, Modesto, CA 95354
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Stanislaus County Traffic Court

2260 Floyd Ave, Modesto, CA 95355
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Stockton Courthouse

180 E Weber Ave, Stockton, CA 95202
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Superior Court of Santa Clara County

191 N First St, San Jose, CA 95113
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Wakefield Taylor Courthouse

725 Court St, Martinez, CA 94553
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Walnut Creek Superior Court

640 Ygnacio Valley Rd, Walnut Creek, CA 94596
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Wiley W. Manuel Courthouse

661 Washington St, Oakland, CA 94607