At The Nieves Law Firm, APC, we defend people facing criminal charges in Fremont and across Alameda County, and we treat your immigration status as part of the case from the very first conversation. A criminal charge does not just threaten a fine or jail time.

Criminal defense means protecting you at every stage, from your first court date through trial if it comes to that. When immigration status is on the line, it also means looking closely at how a plea to a specific charge could affect your right to stay in the country.

A guilty plea, even to a reduced charge, can sometimes trigger deportation or block naturalization. We look at both sides of that problem together.

Alameda County handles a broad range of criminal cases. According to the California Department of Justice’s Crime in California 2025 report, Alameda County recorded 11,352 violent crime offenses. 

We know the courts where these cases are heard, including the Rene C. Davidson Courthouse in Oakland and the Fremont Hall of Justice. Talking to us is confidential, protected by attorney-client privilege, and we can meet by phone or video so contacting us fits your schedule.

What Happens After an Arrest in Fremont

A criminal charge in Fremont sets off a process that can touch your immigration status, your job, and your family. Knowing what comes next helps you make calm decisions instead of scared ones. Here is how a case moves through Alameda County.

It starts with arrest and booking, usually  an encounter with Fremont PD leads to transport to Santa Rita Jail. Next comes the arraignment, your first court date, where you hear the charge and enter a plea. Bail or OR release (release on your own recognizance, meaning no money down) is decided here.

In domestic violence cases, a criminal protective order often appears at this stage, which can limit contact with your own household.

From there, misdemeanor and felony cases split. Misdemeanors move faster through pretrial hearings and plea talks. While in many felony cases, the prosecution must establish probable cause at a preliminary hearing unless the hearing is waived or the case proceeds by indictment.. The Alameda County District Attorney handles the prosecution unless county counsel .

Criminal Defense Cases We Handle in Fremont

Where We Serve in Fremont

  • Centerville
  • Irvington
  • Mission San Jose
  • Niles
  • Warm Springs
  • Ardenwood
  • Glenmoor
  • Cabrillo
  • South Fremont
  • Downtown Fremont
  • Newark
  • Union City
  • Hayward
  • Milpitas
  • San Leandro

Why Choose The Nieves Law Firm for Your Fremont Criminal Case

Criminal defense is our central focus, not a side practice

This firm handles criminal charges every day, from misdemeanors to serious felonies. Your case gets attention to every dimension of what is at stake, including your immigration status.

We prepare cases for trial, which impacts how prosecutors negotiate

Prosecutors approach negotiations differently when they know an attorney is ready to try it. That readiness becomes leverage that can lead to better outcomes, whether your case settles or goes to trial. 

You stay informed and you get responses

Clients are kept prepared and updated, not left guessing. If you have heard stories about attorneys who took money and went quiet, this is the opposite of that.

English and Spanish service, and clients treated as people

Se Habla Espanol. Since 2012, this firm has served the Bay Area by treating clients as people with families and futures, not case numbers.

National media trusts our founding attorney

Jo-Anna Nieves has shared criminal defense insight with ABC News, Court TV, Forbes, and Nancy Grace Crime Stories. 

About The Nieves Law Firm, APC

Founded in 2012, The Nieves Law Firm defends people across the Bay Area and Sacramento who have too much to lose. Attorney Jo-Anna Nieves built the practice around a simple idea to protect the whole person, their freedom, career, family, and immigration status, not just the case number on a file.

With roughly 200,000 active licensed attorneys in California, according to the State Bar of California’s 2023 Annual Report, a firm’s actual track record and reputation matter more than ever. Our founding attorney, Jo-Anna Nieves, is trusted for legal insight.

With six offices in Oakland, Fremont, San Jose, Stockton, Fairfield, and Sacramento, the firm serves English and Spanish-speaking clients. You will stay informed, get answers, and be treated like a person the whole way through.

Our Criminal Defense Process in Fremont 

1. Initial Consultation

We start by listening. You tell us what happened, what you are charged with, and what matters most to you, whether that is your job, your record, or your immigration status. 

2. Case Evaluation

We review the police reports and evidence, then look for gaps or weaknesses in the prosecution’s case. This is also where we assess how a specific charge or plea could affect your immigration standing, as part of the analysis from the start.

3. Strategy Development

We build a defense around your priorities. If avoiding a conviction that triggers deportation matters most, that shapes every decision we make.

4. Pretrial Action

We file motions and challenge evidence at the Rene C. Davidson Courthouse and Fremont Hall of Justice depending where your Fremont case is assigned. According to the Bureau of Justice Statistics, roughly 90 to 95 percent of state criminal convictions come from guilty pleas rather than trials, so strong early negotiation often decides the outcome. Thorough preparation can strengthen the defense’s ability to evaluate evidence, litigate motions, negotiate, and proceed to trial when appropriate.

5. Resolution or Trial

We push for the best result available, whether that is a dismissal, a reduced charge, or an acquittal at trial.

6. Post-Conviction Relief

Where it applies, we pursue expungement or motions to vacate to reduce the long-term consequences on your record.

Frequently Asked Questions About Criminal Defense in Fremont

I was charged with a misdemeanor and I have a green card. Can even a misdemeanor conviction affect my immigration status?

Yes. Some misdemeanors, including certain domestic violence, theft, and drug offenses, are treated as serious under immigration law. Certain convictions and plea agreements can create grounds of inadmissibility or deportability, affect eligibility for naturalization or other immigration benefits, or complicate travel and applications to replace an expiring green card. The result depends on the exact offense, plea language, sentence, and immigration history.

Should I just use the public defender, or does hiring a private attorney actually change the outcome for someone worried about immigration consequences?

Public defenders and private defense attorneys are both required to provide competent representation, including appropriate advice about immigration consequences. A private attorney can offer advantages such as more individualized attention, greater availability to answer questions, continuity of representation from start to finish, and additional time to develop defense strategies or coordinate with outside immigration counsel when appropriate. The right choice depends on your specific needs, the complexity of your case, and your goals.

Does talking to a criminal defense attorney create any record that immigration authorities can see?

No. Your conversation with an attorney is treated as confidential and not shared. Communications made confidentially for the purpose of seeking legal advice are generally protected by attorney-client privilege or related confidentiality duties. Immigration authorities do not receive a record merely because you consulted a lawyer. Certain legal exceptions may apply, and using shared accounts or including unnecessary third parties can affect confidentiality.

What should I do immediately after being arrested in Fremont, and should I talk to police first?

Do not answer questions or explain your side to police before you have a lawyer. Anything you say can be used against you and can affect both your criminal case and your immigration status.

What actually happens at an arraignment, and where would my case be heard in Alameda County?

An arraignment is your first court date, where the charges are read and you enter a plea. Fremont criminal cases are typically handled through Alameda County Superior Court, including the Rene C. Davidson Courthouse in Oakland and the Fremont Hall of Justice.

Can my charges be reduced or dismissed before the case ever goes to trial?

Often, yes. Many cases are reduced or dismissed through negotiation, diversion programs that resolve a case without a conviction if you complete certain requirements, or by challenging weak evidence.

How long does a criminal case usually take in Alameda County Superior Court?

It depends on the charge. Many misdemeanor cases resolve within a few months, while felonies can take longer. Court schedules and negotiations both play a role.

What is the difference between a felony and a misdemeanor in California.

A misdemeanor is a less serious offense usually carrying up to a year in county jail, while a felony can expose a person to more than one year of custody, although the sentence may be served in state prison or county jail depending on the offense.. For immigration, the label matters less than the specific offense, because some misdemeanors count as deportable crimes while some reduced charges protect your status.

Does the firm handle cases in a language other than English?

Yes.

What is an expungement, and can it help clean up an old conviction?

An expungement can dismiss a past conviction after you complete your sentence, which may help with jobs and background checks. Eligibility depends on the offense and how the case ended.

What Fremont Clients Say About The Nieves Law Firm

“They took the time to clearly explain every step of the legal process.” – Conan L.

Clear explanations at every stage make a real difference when the court process feels unfamiliar.

“Grace was the victorious attorney who appeared in court for me… fully prepared and completely in control of the narrative.” – Ms. Espinoza

Preparation and courtroom command matter most when your future is on the line.

“He truly cares about people, not just cases.” – Channing W.

“They set realistic expectations and followed through on everything they said.” – Conan L.

Honest expectations and reliable follow-through answer the fear of being left in the dark.

Local Resources in Fremont for Criminal Defense Cases 

  • Fremont Hall of Justice
    The main courthouse where felony and misdemeanor cases for the Fremont area are heard.
  • Alameda County Superior Court
    The county-level trial court handling serious criminal matters and appeals from lower courts.
  • Fremont Police Department
    The primary municipal law enforcement agency that investigates crimes and makes arrests within the city.
  • Alameda County Sheriff’s Office
    Operates county jails and provides law enforcement services in unincorporated areas of the county.
  • Santa Rita Jail
    The main Alameda County detention facility where individuals awaiting trial or serving sentences are held.
  • Alameda County District Attorney’s Office
    The prosecutorial agency responsible for filing and arguing criminal charges on behalf of the state.
  • Alameda County Public Defender’s Office
    Provides court-appointed legal representation to those who cannot afford a private attorney.
  • Alameda County Probation Department
    Supervises individuals placed on probation and prepares reports used by judges during sentencing.
  • California Department of Justice, Bureau of Criminal Identification
    Maintains statewide arrest and conviction records used in background checks and expungement proceedings.
  • Fremont Community Services
    A city division connecting residents with social support programs that courts may reference in diversion or sentencing.
  • Bay Area Legal Aid
    A nonprofit offering civil legal assistance and can connect clients with appropriate support resources.

Talk to a Fremont Criminal Defense Lawyer Today

A criminal charge in Alameda County can threaten your family’s stability. If you are worried about what a plea could mean for your immigration status, talk to someone who understands both sides of that problem before your next court date.

At The Nieves Law Firm, APC, we have stood in the Rene C. Davidson Courthouse in Oakland and the Hayward Hall of Justice, and we assess immigration consequences as part of your defense from the start.

Your consultation is confidential and protected. We can meet by phone or video, and we work with English and Spanish-speaking clients.

You do not have to figure this out alone. Call us to talk through what is happening and what comes next.