Jo-Anna Nieves
Founding Attorney
Oakland Risk of Injury to a Minor Case Process
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The criminal court process following an arrest for child endangerment or risk of injury to a minor is similar to the process for other charges, such as robbery, theft, or assault. In addition to the typical criminal proceedings, however, there may be social service or family court actions taking place at the same time. It is important to have an experienced attorney handling the Oakland risk of injury to a minor case process while also considering the implications on the collateral actions as well.
The first step in the criminal process following an arrest is an arraignment and bail determination. At that first court appearance, the person who is arrested would be advised of what they are accused of, that they have a right to an attorney, and, that, if they cannot afford that, one will be appointed for them.
If the arrestee has been charged with felony risk of injury to a minor, they would be entitled to a preliminary hearing. At a preliminary hearing, there would likely be some testimony either from witnesses or from a police officer who had taken statements from witnesses. The testimony will lay out the basic foundation of the charges to determine whether there was probable cause for each charge.
There may also be negotiations if the defendant is interested in a plea deal, or there could be a request for dismissal or to reduce some of the charges after filing appropriate and timely motions. An attorney could handle each step of the negotiation and mitigation process.
If a plea is entered to something or the accused is convicted at trial a sentencing hearing would take place to finalize the terms of the sentence. Prior to sentencing, in felony cases, the individual will be referred to probation for a report to be produced, and the defense attorney will have a chance to write a letter on the client’s behalf to request reduced terms.
The role that a child endangerment attorney is going to play in child endangerment cases is to help the defendant assess their case and determine how strong or defensible their case is. An Oakland child endangerment lawyer could help make strategic decisions with the client and help them set their priorities for the outcome of the case.
The attorney could also negotiate with prosecution and fight to make sure the rights and interests of the client are protected. A skilled child endangerment lawyer may also help ensure that any collateral consequences such as child custody, immigration, restraining orders, or dependency issues are addressed and mitigated.
If you have been charged with risk of injury to a minor, you should contact an attorney as quickly as possible after an arrest. A lawyer could provide legal representation at every court appearance, as well as negotiate with prosecutors to mitigate potential penalties and maintain careful protections of your child custody, immigration status, and other variables.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
