Case Results

Our client became the subject of a child sexual abuse material investigation after law enforcement executed a search warrant at his home and seized multiple electronic devices, including his cell phones and laptop. Detectives indicated they believed they had evidence supporting felony charges based on files allegedly associated with a cloud storage account and informed our client that criminal charges were likely forthcoming. As someone with no prior arrests or criminal convictions, our client faced the prospect of felony prosecution, incarceration, and mandatory sex offender registration.

Our firm was retained during the pre-charging stage and immediately began evaluating the legality of the investigation and the search. We thoroughly reviewed the warrant, the seizure of our client’s electronic devices, and the government’s handling of the digital evidence, identifying significant issues concerning compliance with the California Electronic Communications Privacy Act (CalECPA). We presented these legal concerns to the District Attorney while advocating against the filing of charges and emphasizing the evidentiary and constitutional issues raised by our investigation.

Through proactive pre-charging representation and strategic advocacy, no criminal charges were filed against our client during our representation. By addressing the legal deficiencies in the investigation before formal charges were brought, we helped our client avoid felony prosecution, incarceration, and the life-altering consequences of a sex crime prosecution.

Our client, a longtime healthcare employee with no criminal history or prior workplace discipline, became the subject of a criminal investigation after law enforcement received a report involving a graphic video depicting child sexual abuse that had been sent to his phone. Detectives contacted him at his home, sought access to his cell phone, and questioned him about the investigation while he was already on administrative leave from work. Although no charges had been filed, our client faced the possibility of felony prosecution, loss of his career, and devastating personal and professional consequences.

Our firm was retained during the pre-charging stage and immediately advised our client on protecting his constitutional rights during the investigation. We engaged in proactive advocacy with law enforcement and the District Attorney, emphasizing the circumstances surrounding the unsolicited transmission of the video and the lack of evidence supporting criminal charges. By intervening before formal charges were filed, we worked to prevent the investigation from escalating into a criminal prosecution.

As a result of our pre-charging advocacy, no criminal charges were ever filed against our client. Our early intervention helped our client avoid felony prosecution and the life-altering consequences of a sex crime case before it even reached the courtroom.

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.

Our client was charged with felony possession of child sexual abuse material under California Penal Code § 311 following the execution of a search warrant at his family’s home. During the investigation, law enforcement detained members of his family at gunpoint while the residence was searched. The case was initially filed as multiple felony offenses, exposing our client to a lengthy jail sentence, lifetime Tier III sex offender registration, and the permanent consequences associated with a felony sex crime conviction.

Our defense team conducted a comprehensive review of the evidence, scrutinized the prosecution’s case, and engaged in extensive negotiations with the District Attorney. We advocated for a resolution that accurately reflected the circumstances of the case while working to minimize the lifelong consequences our client faced. Through strategic negotiations, we secured a substantially reduced disposition that eliminated the most serious charge and significantly reduced our client’s registration requirement.

We obtained the dismissal of the primary felony possession charge and negotiated a misdemeanor plea agreement. As a result, our client avoided a lengthy jail sentence and reduced his sex offender registration from Tier III (lifetime registration) to Tier I, making him eligible to petition for removal from the registry after the applicable statutory period rather than remaining subject to lifetime registration.

Our client, the owner of a residential care facility, faced charges of forcible rape, forcible sodomy, forcible oral copulation, pimping, and pandering for payment involving an adult resident. The allegations also included a claim that our client had fathered the alleged victim’s newborn child. Before any determination of guilt, the allegations threatened the permanent closure of the facility and placed the client’s livelihood, employees, and residents at risk.

Our defense team conducted an extensive investigation that exposed substantial weaknesses in the prosecution’s case. Armed with these findings, we aggressively challenged the prosecution’s evidence while also working to protect our client’s business from permanent closure.

Following the preliminary hearing, all charges were dismissed, sparing our client from a wrongful prosecution, preserving the operation of his care facility, and protecting the livelihood of those who depended on it.

Our client, a former member of the United States military, received an Other Than Honorable (OTH) discharge after three women accused him of sexual conduct during military proceedings. Although the military conducted its own hearing, no criminal charges were filed for nearly six years. He was then charged in California with three felony counts of forcible sexual penetration with a foreign object, exposing him to the possibility of 24 years in prison and lifelong sex offender registration.

From the outset, our defense team aggressively challenged the prosecution’s case and refused to waive our client’s speedy trial rights. We forced the prosecution to move forward on the court’s timeline, holding them to their constitutional burden while rigorously scrutinizing the evidence and preparing for trial. Our strategic, relentless litigation placed continuous pressure on the prosecution and exposed significant weaknesses in a case that had remained dormant for nearly six years.

As a result of our unwavering advocacy and litigation strategy, the prosecution dismissed all three felony counts before trial. Our client avoided a wrongful conviction, preserved his future, and was spared the life-altering consequences associated with these serious allegations.

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.

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.

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.

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.

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.

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.