A skilled criminal defense lawyer for Penal Code 591, “Tampering with a Device,” David Pflaum has over 25 years experience that he relies on to protect the rights of his clients and get the best possible results for them.
Penal Code 591 is defined as damaging, disconnecting, cutting or removing an electrical, telephone or utility line. This charge typically arises in connection with a charge of domestic violence.
This accusation can be charged as a misdemeanor or a felony, therefore it is often referred to as a “wobbler.”
A former deputy public defender for the County of San Diego now on your side, Mr. Pflaum has the knowledge and experience that it takes to successfully defend his clients against this accusation that typically arises in the context of a domestic violence arrest.
PROVEN RESULTS
Click on results or testimonials to learn more about to learn more about how attorney Pflaum helps his clients.
HOW THE LAWYER GETS THE CLIENT OUT OF JAIL
Most clients accused of a violation of PC 591 are arrested and placed in jail.
Get Out of Jail: The procedures to get a person out of custody depends on the circumstances of the alleged crime and the present status of the accused, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
Post Bail: The release of the client can be accomplished by posting bail right away.
The advantage is that the accused is released the same day; the disadvantage is the bail bond may cost a lot of money that is not refundable. It is wise to consult with Mr. Pflaum to get the best advice for your situation.
Request Release from the Judge: The release of the client can also be accomplished at the first court date by requesting from the court a release from custody without posting bail, also called a release on the client’s “own recognizance,” or a reduction in the amount of bail.
The advantage is that there is no cost to pay for a bond, or the cost may be reduced; the disadvantage is that the accused must wait in jail until the arraignment to get out of jail.
Click on the following words to learn more: get out of jail asap.
HOW THE LAWYER HELPS HIS CLIENT BEFORE COURT
Contact the Prosecutor’s Office: Depending upon the circumstances and additional facts about the arrest, the defense lawyer gets vital information about the case.
The lawyer then delivers the most important information to the prosecutor’s office as soon as possible. The goal is to persuade the prosecutor’s office not to file any criminal charges against the arrested person or to reduce the charges.
HOW THE LAWYER HELPS THE CLIENT IN COURT
The lawyer gathers the best information about the client and the case. This includes arrest reports, witness statements, assistance from the alleged victim, and any other evidence that the police claim support the charges.
He then goes to court to negotiate a plea bargain with the prosecution and the judge.
Plea Bargain: Once a case gets to court, the defense lawyer will seek a plea bargain for the client.
A plea bargain is an agreement between judge, the prosecutor and the defense to reduce or dismiss the charges, avoid jail time, and lower the fine.
Defense Strengths: Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, the medical records, DNA, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case to develop the strengths of a case.
Prosecution Weaknesses: By the same process the criminal defense attorney develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, discrepancies in the conduct of the investigating officers, missing or inconclusive evidence, and problems in the forensic evidence.
Effective Presentation: The criminal defense attorney then makes a persuasive presentation to the judge and prosecutor about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve an excellent plea bargain for his client.
If the plea bargain offer is accepted by the client and his defense attorney, the case then goes to the next court date for sentencing.
If the plea bargain is not acceptable, the client and the defense attorney continue to aggressively defend the case as it heads towards a trial.
Jury Trial: For cases that cannot be, or should not be, settled by way of a plea bargain, attorney Pflaum is ready to prepare for and go to jury trial and get the best results possible for his client.
Defenses: The best type of trial defense will depend upon the nature of the criminal charge, the type of evidence, and the testimony of witnesses.
Typical defenses at trial may include the following:
- No specific intent
- No motive
- Insufficient evidence
- Lack of proof
- No corroboration
- No witness credibility
- Violation of rights
- Self Defense
Call the right defender for help with your case
(760) 806-4333
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