Jo-Anna Nieves
Founding Attorney
Role of an Oakland DUI Lawyer
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Driving under the influence laws are heavily enforced in Oakland. It is very rare that someone who is arrested and charged with a DUI at the police department to not be prosecuted by the district attorney’s office. Unless there is a legal defect with the case, it will most likely be charged by the district attorney’s office. The dispositions of the cases and the sentences that come with convictions are significant to the defendant. The role of an Oakland DUI lawyer is to fight for the defendant to help them have their charges mitigated or dropped. Therefore, if you have been arrested for a DUI, you may want to seek the services of a seasoned DUI attorney.
The role of an Oakland DUI lawyer is to obtain the facts surrounding the case. The lawyer will begin by looking at the factors of the arrest to see if there are any factual or legal problems with the arrest. If there are any legal issues, such as an illegal stop, then it may be appropriate to dismiss the case. The attorney will also gather evidence that could be favorable to the defendant. The evidence will depend on the specifics of the case.
The attorney can also help the defendant by advocating for a disposition of the case that does not involve jail time. They will also help the individual avoid additional punishments to their driving privileges such as having to install a monitor or an ignition interlock device in their vehicle. If the district attorney or court pursues significant jail time, the lawyer can advocate that the sentence is served out of custody through house arrest or a work program. In appropriate situations, the lawyer may negotiate for the person to live in a residential alcohol treatment program.
Another role of an Oakland DUI lawyer is present the defendant in a favorable light. Prosecutors sometimes get tunnel vision and focus only on the numbers. They concentrate on the blood alcohol level, the defendant’s prior history, and whether there was a car accident or other aggravating factors that may serve as an enhancement to the charges. The prosecutor might craft an offer on the case based solely on those factors. However, a quality defense attorney shows the prosecutor a more complete picture of the person charged with a crime. A lawyer makes sure a defendant gets a fair and reasonable disposition of the case by showing other positive aspects of the individual’s life that the prosecutor may not consider.
The primary benefit of working with a local DUI lawyer is the familiarity they have with the district attorney’s office and the courts. When the attorney goes to court, they know in advance the district attorney’s office views on a specific case and their offer. A local DUI lawyer will also know what is considered a standard offer and where there is wiggle room to ask for a reduction.
Sometimes the initial offer by the district attorney’s office is fair and reasonable and the case resolves quickly. In other instances, the attorney knows based on prior practice, that the district attorney’s office has a particularly harsh view of the case and has a high offer. When an attorney previously worked with the district attorney’s office, they know the prosecutor’s position and what the offer might be. To mitigate on behalf of the defendant, the defense attorney may put together a presentation about factors unknown to the prosecution that cannot be found in the police report. The role of an Oakland DUI lawyer is important for those seeking to avoid facing significant penalties for a DUI arrest.
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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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
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
