Case Results

Client faced deportation and denial of naturalization due to a prior Penal Code 288 conviction where immigration consequences were not properly explained during the plea process. The Nieves Law Firm filed a motion to vacate under PC 1016.5 and 1473.7, demonstrating inadequate advisement of immigration consequences. Rather than pursuing a complete vacatur and retrial, we negotiated an immigration-safe resentencing that allowed the client to cancel deportation proceedings and secure immediate release from ICE detention, reuniting them with their family while preserving their ability to pursue naturalization.

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.

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.

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.

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.

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.

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.

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.

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.