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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Three Felony Counts of Forcible Sexual Penetration – Former Service Member

Outcome:
All three felony counts dismissed before trial.

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.

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Title IX Sexual Misconduct Allegations Against Law Student

Outcome:
Resolved through informal resolution — no formal Title IX hearing.

Our client, a third-year law student and president of both the Latino Law Student Association and Moot Court, became the subject of multiple Title IX allegations after interpersonal conflicts and politics within student organizations escalated. He was removed from both organizations before receiving a Title IX notice alleging sexual misconduct based on a combination of disputed allegations and interactions he maintained were consensual, including an encounter involving consensual dancing. The allegations threatened his academic standing, leadership opportunities, professional reputation, and future legal career.

Our team conducted a thorough investigation into the allegations and witness statements. We identified significant concerns regarding the fairness of the process, including the cumulative nature of the allegations, the impact of prior organizational conflicts, and our client’s lack of an opportunity to respond before facing serious consequences. We advocated for our client’s due process rights, and through negotiations with the Title IX Coordinator, we secured an informal resolution that waived a formal hearing while protecting our client’s procedural rights.

The university resolved the matter through an informal resolution rather than proceeding to a formal Title IX hearing. By successfully advocating for a fair process, we helped protect our client’s ability to continue his legal education and pursue his future career.

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Title IX Investigation of University Faculty Member

Outcome:
Investigation terminated with no adverse institutional finding.

Our client, a faculty member at an institution subject to Title IX, became the subject of an investigation after allegations surfaced that he had engaged in a sexual relationship with a student. The investigation placed his professional reputation, academic career, and future employment opportunities at risk.

Our defense team guided our client through every stage of the institutional process, advising him on his rights, preparing strategic responses, and advocating on his behalf throughout the investigation. We worked to ensure the allegations were addressed through a fair and thorough process while protecting our client’s professional interests and minimizing the long-term impact of the investigation.

Before any findings of responsibility were made, the college terminated its investigation. Through strategic advocacy and careful guidance during the proceedings, we helped our client successfully navigate the process and bring the matter to a close without an adverse institutional finding.

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Child Sexual Abuse Material Investigation – Pre-Charging Defense

Outcome:
No criminal charges filed.

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.

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Child Pornography Investigation of Healthcare Employee

Outcome:
No charges ever filed after pre-charging advocacy.

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.

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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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Felony Possession of Child Sexual Abuse Material – PC 311

Outcome:
Felony dismissed; misdemeanor plea, registration reduced Tier III → Tier I.

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.

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Forcible Rape, Sodomy & Pandering Charges – Care Facility Owner

Outcome:
All charges dismissed at the preliminary hearing.

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.

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Title IX Sexual Assault Allegations

Outcome:
No Criminal Charges Filed & Detention

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 the matter was certified as detention only.

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Multiple Felony Forcible Lewd Conduct Acts Upon a Child – PC 288 (b)(1)

Outcome:
No Jail Time & No Sex Offender Registration

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.

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