The Nieves Law Firm: Oakland Criminal Defense Attorneys

What should I do immediately after being arrested in the Bay Area?

Stay calm and exercise your rights. You have the right to remain silent — use it. Politely decline to answer questions beyond providing your identification. Do not consent to searches. Contact a criminal defense attorney as soon as possible, even before speaking with family. What you say in the first 24 hours can significantly impact your case.

How much does a criminal defense attorney cost in the Bay Area?

Fees vary based on the complexity of your case, the charges you are facing, and whether your case goes to trial. We offer free consultations so you can understand your situation before committing to anything. We also offer payment plans for clients who need flexibility. The cost of not having proper representation is almost always higher than the cost of hiring an attorney.

Can criminal charges be dropped or dismissed in California?

Yes. Charges can be dropped before filing, dismissed after filing, reduced through negotiation, or result in acquittal at trial. The outcome depends on the evidence, the circumstances of your arrest, and the strength of your defense. We’ve achieved dismissals across a wide range of charges.

What is the difference between a misdemeanor & felony in California?

Misdemeanors carry a maximum sentence of up to one year in county jail. Felonies carry sentences exceeding one year and can result in state prison. Some offenses are wobblers that can be charged as either, depending on the facts and your criminal history. The classification affects your rights, your record, and your future.

Should I talk to the police if I am innocent?

No. Even if you’re completely innocent, speaking to police without an attorney present can hurt your case. Statements can be taken out of context, misremembered, or used against you in ways you don’t anticipate. The smart move: politely decline to answer questions and contact a criminal defense attorney immediately.

What happens at an arraignment in California?

The arraignment is your first court appearance after being charged. The judge reads the charges, informs you of your rights, and asks you to enter a plea (guilty, not guilty, or no contest). Bail may be set or modified. Having an attorney present at arraignment is critical — it sets the tone for your entire case.

Can a criminal conviction affect my immigration status?

Yes — this is one of the most serious consequences many people overlook. Certain convictions can trigger deportation, make you inadmissible, or prevent naturalization. If you’re not a U.S. citizen, you need an attorney who understands both criminal and immigration law. This is one of our specialties.

What is a Motion to Vacate under PC 1473.7?

PC 1473.7 allows you to vacate a conviction if your prior attorney failed to properly advise you about immigration consequences. If you pled guilty without understanding how the conviction would affect your status, you may be able to have it vacated. Our founding attorney Jo-Anna Nieves handles these complex cases.