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.

Contempt of a Court Order

Outcome:
Case Dismissed

Our client’s ex-spouse was constantly putting them in situations where our client would be violating terms of their custody agreement. The attorneys at The Nieves Law Firm were able to prove our client’s innocence and secure a case dismissal.

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Felony-Strike Assault on a Police Officer with a Deadly Weapon

Outcome:
Felony strike avoided — misdemeanor resisting-arrest plea.

Our client was charged with felony assault with a deadly weapon on a peace officer, a strike offense carrying the potential for a felony conviction, significant prison exposure, and lifelong consequences. A conviction would have resulted in a strike on our client’s record, jeopardizing future employment and housing opportunities, and exposing them to enhanced penalties for any future criminal convictions.

Our defense team thoroughly evaluated the facts of the case and engaged in strategic negotiations with the prosecution. By highlighting the strengths of our client’s position and advocating for a more appropriate resolution, we worked to minimize the long-term impact of the charges while avoiding the risks associated with trial.

We secured a favorable plea agreement in which our client pled guilty to misdemeanor resisting arrest instead of the charged felony assault on a peace officer. As a result, our client avoided a felony conviction, did not receive a strike on their record, and significantly reduced the long-term consequences of the case.

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3 Misdemeanor Charges Related to Child Molestation and Contempt

Outcome:
Client Plead No Contest to Annoying Telephone Calls, No Sex Offender Registry

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.

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

Outcome:
Favorable Plea Agreement Reached, No Prison Time

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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Felony Sexual Battery & Restraining Order

Outcome:
No Charges Filed & Restraining Order Dismissed

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.

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23 Felony Counts Ranging from Sodomy, Oral Copulation, Rape, and Domestic Violence

Outcome:
All 23 Sexual Assault and Domestic Violence Charges Dismissed after Preliminary Hearing

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.

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Petition to Seal

Outcome:
Petition to Seal Granted

Client hired The Nieves Law Firm for a petition to seal a previous domestic violence restraining order in Contra Costa, California. The Nieves Law Firm was able to successfully argue that the petition to seal was necessary. The judge agreed and the petition to seal was granted.

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Motion to Vacate – PC 236.14 (Human Trafficking)

Outcome:
Motion to Vacate Granted

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.

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Motion to Vacate – PC 236.14 (Human Trafficking)

Outcome:
Motion to Vacate Granted

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.

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Motion to Vacate – PC 236.14 (Human Trafficking)

Outcome:
Motion to Vacate 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.

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Contempt of a Court Order

Outcome:
Case Dismissed

A contempt action was filed against a client for allegedly failing to pay child support as agreed to during the dissolution of their marriage. The Nieves Law Firm filed a demurrer, which was sustained, and the case was dismissed after hearing on the demurrer.

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Resisting Arrest

Outcome:
Charge Pled Down to an Infraction

Client was charged with misdemeanor resisting arrest during a traffic stop. The Nieves Law Firm argued against that accusation and the court reduced the criminal charge to an infraction. The client walked away with a small fine and no criminal consequences.

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