At The Nieves Law Firm, APC, we defend people in Oakland and across Alameda County who have criminal charges. 

Since 2012, our team has built defense strategies designed to protect not just your freedom, but the future you have worked to build, and our 4.8-star rating across 240+ reviews reflects how seriously we take that responsibility.

According to the Oakland Police Department 2022 Annual Report, Oakland recorded 134 homicides in 2022, reflecting the significant volume of serious criminal matters that move through the local court system each year. 

That volume means Alameda County Superior Court is fast-moving, and arraignment windows at courthouses like René C. Davidson and Wiley W. Manuel close quickly.

We make this process manageable. Our team attorneys, along with intake and support staff across six offices, respond quickly, keep you informed at every stage, and handle your case with the discretion your situation demands. 

Founding attorney Jo-Anna Nieves has been trusted for legal insight by ABC News, Forbes, Court TV, and Nancy Grace Crime Stories. Se Habla Español.

How the Criminal Court Process Works in Oakland and Alameda County

1. Arrest and Booking

Most cases begin with arrest and booking, often at Santa Rita Jail. Early attorney involvement here can shape pre-filing decisions before the District Attorney formally charges you.

2. Arraignment

Your first court appearance happens at the Wiley W. Manuel Courthouse or the René C. Davidson Courthouse. Charges are read, a plea is entered, and bail or release on your own recognizance is addressed.

3. Preliminary Hearing and Pre-Trial Motions

Felony cases move to a preliminary hearing. Pre-trial motions, including suppression, discovery, and Pitchess motions, can challenge evidence and reshape the case.

4. Negotiation, Trial, and Sentencing

The Alameda County District Attorney’s Office prosecutes. Cases resolve through negotiation or jury trial, and sentencing may involve Proposition 47 and Proposition 36 considerations. Appeals follow if needed.

Criminal Defense Services We Provide in Oakland

Why Oakland Residents Choose The Nieves Law Firm for Criminal Defense

Criminal defense is our central focus

Since 2012, this has been our core work, from DUI and domestic violence to white-collar and license-adjacent charges.

A full team, not a solo shop

Attorneys plus intake, legal, and operations staff work across six offices. That means faster response and no case stalling because one person went dark.

Trial-ready leverage

Prosecutors negotiate differently when they know a firm will actually go to trial. We prepare every case with that seriousness.

Credibility you can verify

Founding attorney Jo-Anna Nieves has been cited by ABC News, Forbes, Court TV, and Nancy Grace Crime Stories. We keep clients informed, respond promptly, and serve English and Spanish speakers with full confidentiality.

Common Mistakes to Avoid After a Criminal Arrest in Oakland

The choices you make in the first hours after an arrest can affect your record, your career, and your professional license long before you ever see a courtroom. These are the most common and costly mistakes.

  • Talking to Oakland police or Alameda County investigators without counsel. Santa Rita Jail held an average daily population of approximately 2,200 inmates in 2022, a significant portion of whom were pretrial detainees who may have made statements or waived rights without counsel present.
  • Posting about the case on social media. Anything you share can be used against you and can surface in a background check.
  • Missing an arraignment date at Alameda County Superior Court. A missed hearing can trigger a warrant and eliminate options.
  • Assuming a charge will simply be dropped. Charges rarely disappear without legal intervention.
  • Waiting to retain counsel in pre-filing cases. Before the DA formally charges you, there is a window to influence the outcome that closes quickly.
  • Consenting to searches without understanding your rights.
  • Overlooking immigration or professional-license consequences of a plea.

About The Nieves Law Firm, APC

The Nieves Law Firm, APC has focused exclusively on criminal defense since 2012, representing people across the Bay Area and Sacramento who have too much to lose.

The firm defends clients facing DUI, domestic violence, white-collar, and other serious charges, with attention to the freedom, career, family, immigration status, and future that hang on the outcome. Every client is treated like a person, not a case number.

Our team includes eight attorneys along with intake staff, legal assistants, and operations staff across six offices, which supports faster response and coordinated case handling. The firm also serves English and Spanish-speaking clients.

Founding attorney Jo-Anna Nieves is trusted by national media for her legal insight.. That kind of recognition reflects a serious, credible operation built to handle high-stakes matters with discretion.

The firm prepares each case with trial in mind. Prosecutors negotiate differently when they know an attorney is ready to try the case, and that readiness becomes leverage for protecting your record and your future.

Understanding Federal Crimes in Oakland 

Federal crimes in Oakland are investigated or prosecuted by federal agencies instead of only the Oakland Police Department, Alameda County law enforcement, or the Alameda County District Attorney. 

These cases may involve agencies such as the FBI, DEA, ATF, IRS, Homeland Security, or federal prosecutors from the U.S. Attorney’s Office for the Northern District of California.

Federal charges can include drug trafficking, firearm offenses, wire fraud, mail fraud, identity theft, conspiracy, cybercrimes, white-collar crimes, and offenses that cross county or state lines. 

In the Bay Area, these cases may involve conduct connected to Oakland businesses, financial institutions, ports, interstate travel, online activity, or larger multi-agency investigations.

If you are contacted by a federal investigator, receive a target letter, learn you are under investigation, or are charged in federal court, do not try to explain your side alone. Early legal intervention can help protect your rights, limit what you say to investigators, and shape the defense strategy before the case moves further.

Our Criminal Defense Process in Oakland

1. Confidential Consultation and Intake

Our intake team responds quickly and speaks with you directly, confidentially. We learn what happened, what you are charged with, and what you stand to lose.

2. Case Evaluation and Exposure Analysis

We identify the exact charges, your potential penalties, and the collateral consequences that matter most, including professional license impact and background-check exposure.

3. Evidence and Discovery Review

We examine police reports, discovery, and every piece of evidence to find weaknesses in the case against you.

4. Defense Strategy

We build a defense strategy tailored to your case, which may include suppression motions, Pitchess motions, or pre-filing advocacy before charges are formalized.

5. Communication at Every Stage

You stay informed throughout. According to the California Courts Self-Help Center, under California Penal Code section 859b, defendants held in custody on felony charges are entitled to a preliminary hearing within 10 court days of arraignment, so timing matters and you will always know where your case stands.

6. Negotiation and Trial Readiness

When appropriate, we negotiate with the Alameda County District Attorney. Prosecutors negotiate differently when they know they are prepared to try the case at the René C. Davidson or Wiley W. Manuel courthouse.

7. Post-Conviction Relief

Where applicable, we pursue expungement and motions to vacate to help protect your future.

What Is the Difference Between a Felony and a Misdemeanor in California?

The main difference between a felony and a misdemeanor is the severity of the charge and the possible punishment. A misdemeanor is generally less serious and may carry up to one year in county jail, probation, fines, community service, or other court-ordered requirements.

A felony is more serious and can carry state prison time, longer probation, larger fines, and heavier long-term consequences. A felony conviction can affect your record, job opportunities, housing, professional license, immigration status, firearm rights, and future background checks.

Some California crimes are called “wobblers,” which means they can be charged as either a misdemeanor or a felony depending on the facts, your record, the alleged harm involved, and how the prosecutor files the case. 

Because the difference can change your future, it is important to have a defense strategy focused not only on the immediate charge, but also on reducing long-term damage to your record, career, and reputation.=

Frequently Asked Questions About Criminal Defense in Oakland

What should I do immediately after being arrested in Oakland if I have never been through this before?

Stay calm and say as little as possible. You have the right to remain silent and the right to an attorney, and using both protects you. Do not try to explain your side to the police, even if you believe it will help. Anything you say can be used against you later, so the smartest move is to request a lawyer and then contact one quickly, ideally before your arraignment window closes.

Do I really have to answer police questions, or can I refuse without making things worse?

You are not required to answer questions beyond identifying yourself, and declining to speak is not an admission of guilt. Officers may imply that cooperating will go easier on you, but that is not a promise anyone can keep. Politely state that you want to speak with an attorney and stop there. Refusing to answer is a legal right, not a red flag.

What is the difference between a felony and a misdemeanor in California, and how much does it matter?

The difference is significant. A misdemeanor in California is generally punishable by up to a year in county jail, while a felony can carry state prison time and far heavier long-term consequences. Some offenses, called wobblers, can be charged either way depending on the facts and the prosecutor. 

Can a criminal charge or conviction affect my professional license in California?

Yes, and this is one of the most overlooked risks for working professionals. Many California licensing boards require you to report arrests or convictions, and some can suspend or revoke a license based on the outcome of a criminal case. This is why the strategy for your criminal case and the protection of your career cannot be treated separately. 

What actually happens at an arraignment in Alameda County, and how fast does it happen?

Your arraignment is your first court appearance, where you are formally told the charges and enter a plea. In Alameda County, this often takes place at the René C. Davidson Courthouse or the Wiley W. Manuel Courthouse, and the timeline moves fast, sometimes within a few days of arrest. Having counsel before this hearing gives you more room to protect your record and shape the strategy early.

How is a public defender different from a private criminal defense attorney in Alameda County?

Public defenders are dedicated attorneys, but they carry heavy caseloads that limit how much individual time any one case receives. Private counsel typically offers faster access, more availability, and more capacity to investigate and prepare a case in depth. 

How long does a criminal case usually take in Oakland?

It varies. A straightforward misdemeanor might resolve in a few months, while a felony or a case that goes to trial can take a year or longer. Court scheduling, evidence review, and negotiation all affect the timeline. What speeds things up most is having counsel engaged early, so deadlines are met and no strategic opportunity is lost along the way.

Can charges be dropped before I am formally charged with anything?

Sometimes, yes. There is often a window between arrest and the filing decision where the District Attorney is still deciding whether to charge. Having an attorney intervene during this period can influence that decision, present mitigating information, or address weaknesses in the case early. Acting before charges are filed can be one of the most valuable moves you make.

What is an expungement, and would I even be eligible for one?

An expungement in California allows certain convictions to be dismissed from your record, which can help when a background check comes into play. Eligibility depends on the offense, whether you completed probation, and other factors, and not every case qualifies. For professionals worried about future employment or licensing, it can be a meaningful step toward protecting your record. 

What Clients Say About The Nieves Law Firm

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

Clients who need to understand their timeline before arraignment value a team that walks them through what happens next, not one that leaves them guessing.

“Fully prepared and completely in control of the narrative.” – Ms. Espinoza

This reflects the firm’s trial-readiness approach in court, the kind of preparation that gives prosecutors reason to negotiate.

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

Communication and transparency matter most to clients who cannot afford to be left unsure about their case or their future.

“Peace of mind is priceless, and they restored mine.” – Ms. Espinoza

For someone protecting their reputation and professional standing, that reassurance is often exactly what they searched for.

“Aaron and the rest of the staff were great as well.” – Libby R.

With an eight-attorney team plus support staff, clients get a full operation behind their case, not a single attorney who might go dark.

Oakland and Alameda County Legal Resources

  • Alameda County Superior Court, Criminal Division
    Handles criminal matters in Alameda County, including infractions, misdemeanors, and felonies. Oakland criminal court locations include the René C. Davidson Courthouse and Wiley W. Manuel Courthouse.
  • Alameda County Criminal Court Date Search
    Allows defendants, attorneys, and family members to look up upcoming criminal court dates and calendar information.
  • Alameda County Sheriff’s Office Inmate Locator
    Helps families and attorneys check current custody status for people booked into Alameda County custody.
  • Alameda County Criminal Docket Finder
    Allows searches by docket number, court name, police report number, or agency name for future criminal court hearing information..
  • Oakland Police Department Records Division/Public Records Requests
    Useful for requesting police reports, incident records, arrest records, and other law enforcement documents connected to Oakland criminal cases.
  • Santa Rita Jail
    Main Alameda County jail facility where many people arrested in Oakland or elsewhere in the county may be booked or held before court.
  • Bay Area Legal Aid Reentry Services
    Provides reentry-related legal help in Alameda County, including expungement, driver’s license suspensions, fines and fees, housing denials, employment background checks, and professional licensing issues.
  • Alameda County Law Library Clean Slate and Reentry Resource Guide
    Offers reentry and record-cleaning resources, including referrals to programs that assist with expungement and post-conviction legal issues.

Facing Criminal Charges in Oakland? Protect What Matters Most.

A single criminal charge in Alameda County can reach far beyond the courtroom. Your career, your professional license, your reputation, and your record may all be exposed before the first hearing. The earlier you have counsel, the more options you have to protect them.

The Nieves Law Firm defends people who have too much to lose. With offices in Oakland, Fremont, San Jose, Stockton, Fairfield, and Sacramento, our team serves clients across Alameda County, the Bay Area, and Northern California. Arraignment deadlines move fast, so the sooner we start, the stronger your position.

Call us now for a confidential consultation. Speak with our intake team today and take the first step toward protecting your future.

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