Case Results

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 faced ten criminal charges arising from allegations made by the mother of his children, including domestic violence, child abuse, domestic battery, simple battery, and assault. The accusations alleged that our client pushed the alleged victim into a shower door, forced her down a flight of stairs, took their children during the incident, and committed acts of violence in the children’s presence, causing them emotional distress. If convicted, our client faced the possibility of significant jail time, a criminal record, and serious consequences for his relationship with his children.

Our defense team thoroughly investigated the allegations, carefully analyzed the prosecution’s evidence, and developed a comprehensive trial strategy to challenge the credibility and reliability of the claims. We aggressively cross-examined witnesses, highlighted inconsistencies in the evidence, and held the prosecution to its burden of proving every allegation beyond a reasonable doubt.

After trial, the jury returned not guilty verdicts on all ten counts. Our client was fully acquitted, avoiding a criminal conviction and preserving his future, reputation, and parental rights.

Our client was charged with felony assault following an altercation at a scrap yard where he had previously worked. The alleged victim claimed our client assaulted him during a confrontation at the property. A conviction threatened our client with felony penalties, incarceration, and his ability to continue caring for his wife, for whom he served as the primary caregiver given her serious health condition.

Our defense team conducted an extensive investigation and thoroughly examined the witness statements, surveillance video, and the circumstances leading up to the incident. The evidence demonstrated that the alleged victim had a history of aggressive behavior, that multiple witnesses supported our client’s account, and that our client acted reasonably in fearing he was about to be attacked. We aggressively challenged the prosecution’s evidence at the preliminary hearing, exposing significant weaknesses in its ability to establish probable cause.

Following the preliminary hearing, the court dismissed the case. Our client avoided felony prosecution and was able to remain with his family, continuing to care for his wife without the burden of an ongoing criminal case.

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.

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.

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.

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.

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 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.

Client charged with misdemeanor Possession of Methamphetamines (HS 11377(a)) in San Mateo County. Due to the nature of the crime, the client was facing potential immigration consequences. The Nieves Law Firm worked to achieve a resolution that led to dismissal of the case upon successful completion of diversion.