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Jo-Anna Nieves
About | Practice Areas
The Nieves Law Firm
505 14th St. Ste. 900 Oakland, CA 94612Â» view map
Criminal Defense
We Take The Criminal Out Of Criminal Defense

We are energetic, creative, and aggressive in our efforts to extricate you from your situation and help you get your life back on track.

800-681-5480
1. Jo-Anna Nieves Oakland, CA
  Attorney at Law - CA, 2011
  Florida State University J.D. 2011
2. AboutThe Nieves Law Firm
  When you are charged with a criminal offense, you need a strong, experienced, and committed advocate.
3. Practice AreasSpecializations
  Criminal Defense
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Kathleen Ellen McCasey

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Criminal, Felony

CONTACT

415-385-1852

656 Tunbridge Rd, Danville, CA 94526

Jo-Anna Marie Nieves

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Criminal, Felony, DUI-DWI, Misdemeanor, White Collar Crime

Armed with considerable experience working for the District Attorney in Sacramento, CA and her voluminous representation of large corporate clients in... (more)

FREE CONSULTATION

CONTACT

800-659-6720

160 Franklin St. Ste. 210, Oakland, CA 94607

Seth Morris

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Criminal, Felony, Personal Injury

When the legal system fails you, you can’t leave yourself or your child at the mercy of a judge and 12 jurors. Seth Morris has saved his clients fro... (more)

CONTACT

800-866-3420

825 Page Street, Berkeley, CA 94710

Andrew L. Sullivant

Criminal, DUI-DWI, Felony, Juvenile Law, Misdemeanor

Status: In Good Standing

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239 Main Street, Pleasanton, CA 94566

David Pastor

Misdemeanor, Felony, DUI-DWI, Criminal

Status: In Good Standing

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1280 Boulevard Way, Walnut Creek, CA 94595

Patrick Ewing Clancy

Family Law, Felony, Criminal, Personal Injury

Status: In Good Standing Licensed: 50 Years

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3478 Buskirk Ave, Pleasant Hill, CA 94523

Jamil Francisco Karwash

Misdemeanor, Felony, DUI-DWI, Criminal

Status: In Good Standing

FREE CONSULTATION

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24072 Myrtle Street, Hayward, CA 94541

Roberta L. Brooks

Federal, Felony, DUI-DWI, Criminal

Status: In Good Standing Licensed: 25 Years

CONTACT

823 Marina Vista Ave, Martinez, CA 94553

Gene G. Peretti

Criminal, DUI-DWI, Federal, Felony

Status: Inactive Licensed: 51 Years

CONTACT

1325 High St, Alameda, CA 94501

800-923-0641

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LEGAL TERMS

FELONY

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases... (more...)

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction.

NOLLE PROSEQUI

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'

MOTION IN LIMINE

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.

ACCOMPLICE

Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An ... (more...)

Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An accomplice is guilty of the same offense and usually receives the same sentence as the principal. For instance, the driver of the getaway car for a burglary is an accomplice and will be guilty of the burglary even though he may not have entered the building.

MCNAGHTEN RULE

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.

CRIME

A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defin... (more...)

A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defined by Congress and state legislatures.

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

ELEMENTS (OF A CRIME)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to perm... (more...)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to permanently deprive the owner of the property. Each of those four parts is an element that the prosecution must prove beyond a reasonable doubt.

HOMICIDE

The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncrim... (more...)

The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncriminal in a number of situations, including deaths as the result of war and putting someone to death by the valid sentence of a court. Killing may also be legally justified or excused, as it is in cases of self-defense or when someone is killed by another person who is attempting to prevent a violent felony. Criminal homicide occurs when a person purposely, knowingly, recklessly or negligently causes the death of another. Murder and manslaughter are both examples of criminal homicide.

SAMPLE LEGAL CASES

People v. Chun

... II. DISCUSSION. A. The Constitutionality of the Second Degree Felony-murder Rule. ... The second degree felony-murder rule is based on statute and, accordingly, stands on firm constitutional ground. [4]. B. The Merger Doctrine and Second Degree Felony Murder. ...

People v. Albillar

... The remaining issues involve the enhancement defined by Penal Code section 186.22, subdivision (b)(1) (section 186.22(b)(1)), which adds specified penalties for "any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any ...

People v. Delgado

... 1063 OPINION. BAXTER, J. After a jury convicted defendant of felony offenses, a court trial was held on the allegation, for purposes of enhancing his sentence, that he had a prior serious felony conviction. ... other than a firearm." Only the latter version qualifies as a serious felony. ...

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Diablo Felony Lawyer, California

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The Nieves Law Firm

SPONSORED LAWYERS

Kathleen Ellen McCasey

Jo-Anna Marie Nieves

Seth Morris

Andrew L. Sullivant

David Pastor

Patrick Ewing Clancy

Jamil Francisco Karwash

Roberta L. Brooks

Gene G. Peretti

TIPS

LEGAL TERMS

FELONY

NOLLE PROSEQUI

MOTION IN LIMINE

ACCOMPLICE

MCNAGHTEN RULE

CRIME

CRIMINAL LAW

ELEMENTS (OF A CRIME)

HOMICIDE

SAMPLE LEGAL CASES

People v. Chun

People v. Albillar

People v. Delgado

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