If you believe you might be under criminal investigation or if you were arrested, getting a seasoned criminal attorney to help you should be your highest priority. Experienced representation could mean the difference between serious criminal sentences, a reduction in penalties, and a dismissal of all charges.
A San Mateo criminal defense lawyer could protect your rights while investigating to find evidence that weakens a prosecutor’s case. Do not wait to get the legal guidance you need to preserve your future.
You may learn you are under criminal investigation when you receive a letter in the mail listing your charges or a visit from a law enforcement agency seeking information. Authorities might execute a search warrant on your home or office. Sometimes, a friend or business associate might mention that they have been asked questions relating to a matter of mutual concern.
In other cases, a specific event could lead to an arrest on sight. Regardless of the circumstances, it is crucial for anyone under investigation or arrested for a crime to get legal counsel immediately. A San Mateo criminal attorney could protect your interests so that you avoid making statements or taking actions that might make it more challenging to resolve a matter or reach a favorable resolution.
Additionally, it is best not to speak to the police without an attorney present. Waiting to call a criminal defense attorney until after a police interrogation or interview with investigators could result in you inadvertently making damaging admissions and weakening your defense.
If a suspect is under investigation or arrested, a criminal attorney in the area could meet with the prosecutor to discuss whether the evidence is sufficient to proceed. The prosecution’s case might not be strong, and challenging the adequacy of the evidence at an early stage could lead them to decline to prosecute.
It could be possible to negotiate for reduced charges with less severe consequences in other cases. For example, a prosecutor might allow someone charged with a felony to plead guilty to a misdemeanor. The accused’s criminal record will often impact the prosecutor’s willingness and ability to allow a plea to a reduced charge. If a defendant has prior convictions, the prosecutor is less likely to be flexible.
The parties might agree that a diversionary or collaborative justice program is the best solution in some circumstances. These programs offer offenders the opportunity to participate in treatment, counseling, and other support systems to overcome substance misuse, mental health, or social challenges. The San Mateo County Superior Court offers specialized programs for veterans, active-duty military, people with dual diagnoses of addiction disorders and mental health, and individuals charged with drug possession. These programs allow alleged offenders to engage in treatment rather than serve time in jail.
If the prosecution and defense cannot agree to settle a charge before trial, a criminal defense lawyer could prepare a robust and strategic defense aimed at defeating the charges. Some potential defenses are specific to certain crimes, but some could apply to various criminal charges. Alibi, mistaken identity, false witness, self-defense, and absence of intent are applicable defenses in many cases.
A San Mateo criminal attorney will investigate to ensure that authorities did not infringe on the defendant’s rights during the investigation or arrest. If there is evidence of misconduct or misapplication of the law, the defense might assert a pre-trial motion seeking redress for the violation.
A Serna motion asks a judge to dismiss charges due to a delay in prosecution that violated a defendant’s right to a speedy trial under the Constitution.
If a police officer used unreasonable force, falsified evidence, filed a false police report, coerced a confession, or racially profiled a suspect an attorney might bring a Pitchess motion to gain access to the officer’s personnel file. If the officer has a history of such misconduct, the defense could use that information to attack the officer at trial. Prosecutors could decide to dismiss a case if an arresting or investigating officer has a problematic record. Under Senate Bill 1421 a Pitchess Motion is no longer necessary to gather certain records open to public inspection. These records include those related to an officer shooting their gun at an individual, an officer who previously committing a sexual assault, the officer committed a dishonest act, and when an officer uses force against an individual that results in great bodily injury or death.
A motion under California Penal Code §955 asks a court to dismiss a charge or set aside the information after preliminary hearing because the evidence to support the charge does not establish probable cause. Probable cause is a set of facts that would convince a reasonable person that a suspect is guilty of a crime. It is a very low standard of proof so it is common that the accused may be “held to answer” for the felony charges they are facing; however, a felony criminal attorney with experience handling preliminary hearings could not only work towards dismissing some or all of the charges against you at the preliminary hearing but if the prosecutor adds charges back or alleges new charges the attorney can file a §955 Motion to dispute the legitimacy of the charge and the sufficiency of the evidence.
A motion under California Penal Code §1538.5 asks a judge to suppress or throw out evidence obtained through an illegal search. A search is unlawful if the police had no probable cause and no warrant. Any evidence derived from an unlawful search and seizure could be deemed to be fruit of the poisonous tree and therefore excludable as tainted evidence. Even if the police had a warrant, a criminal defender in San Mateo could argue that the warrant was defective or that the police conducted the search improperly. It is critical to find a criminal defense attorney with experience filing and litigating motions to suppress because it may end up being dispositive in your case and could result in the dismissal of charges.
If you face criminal charges or believe you are under investigation, reach out to a seasoned attorney as soon as possible. There is no substitute for knowledge and experience when your freedom might be on the line.
A San Mateo criminal defender could work tirelessly on your behalf to mitigate the penalties you face. Give yourself the best chances of success and call today for a consultation.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
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
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!