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.

Aggravated DUI

Outcome:
Pled Down to “Wet Reckless”

Client charged with DUI after falling asleep in her vehicle. As a mother, the client could not afford to lose her job or spend any time in jail. We were able to secure a favorable plea agreement of “Wet Reckless” despite her high BAC (Over .15%). Client did not have to spend time in custody, faced reduced fines and fees, and avoided potential professional consequences she was facing.

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Hit & Run DUI

Outcome:
Pled to Non-DUI Misdemeanor & No License Suspension

Client accused of a hit and run and DUI after being involved in an accident with a .14% BAC. We negotiated a “Dry Reckless” disposition, meaning this resulted in a reckless driving misdemeanor that does not count as a DUI prior. This means the client did not face a license suspension, did not have to attend DUI school or face other DUI consequences, and was fined only $240.

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Third-Offense DUI

Outcome:
Favorable Plea Agreement & No Jail Time

Client facing third-offense DUI with multiple sentence enhancements for a high BAC (Over .15%) and a violation of probation. This is typically punishable by a mandatory minimum jail sentence of 120 days. We were able to obtain a plea deal that resulted in an ankle monitor rather than jail time, allowing the client to stay out of custody and keep his job.

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Two Drunk Driving DUIs

Outcome:
Not Guilty on One Count & Other Count Dismissed

Client charged with two drunk driving DUIs. We conducted a bench trial on one count and were able to secure a not guilty finding and submit the order of acquittal to the DMV to prevent license suspension for the client. The other count was successfully transferred to Veteran’s Court and, after successful participation by the client, the case was dismissed completely.

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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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Possession of a Controlled Substance, Resisting Arrest, & Child Abuse

Outcome:
All Charges Dismissed without Trial

Outcome: All Charges Dismissed without Trial

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.

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Methamphetamine & Paraphernalia Drug Charges

Outcome:
Case Dismissed and Record Sealed

Client was arrested for possession of methamphetamine and narcotic paraphernalia. The Nieves Law Firm successfully litigated the case to drug court, getting all the charges dismissed, and then had the case and arrest record sealed.

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