A highly skilled criminal lawyer for child molestation charges, David Pflaum has 30 years of experience that he relies on to protect the rights of his clients and get the best possible results for them in court when facing an accusation of a lewd acts with a child.
The accusation of lewd acts with a child is often easy to make, but not necessarily easy to prove.
Just because a person was arrested for an allegation of child molestation does not mean that he or she is guilty. The accused has rights and remedies.
An experienced and dedicated attorney like Mr. Pflaum makes a difference in the outcome of a prosecution for child molestation.
Lewd acts with a child, according to Penal Code section 288, is defined as the unlawful touching of a child under the age of 14 for sexual gratification.
An accusation of lewd acts on a child is often easy to make but not necessarily easy to prove. Just because someone claims to be a victim of a sex crime does not make it so. An experienced criminal lawyer makes a difference in the outcome of a prosecution for an alleged lewd act on a child.
THE CRIMINAL LAWYER HELPS DURING THE INVESTIGATION STAGE
If you are the subject of an investigation and the police, a detective, or a child protective services workers wants to speak with you, you should seek the guidance of an experienced criminal defense attorney to protect your interests.
During an investigation the defense lawyer properly advises the client of their constitutional rights and how to invoke their rights for protection, and more importantly speaks to investigators on behalf of the client to prevent an arrest or prosecution in court.
HOW THE CRIMINAL LAWYER HELPS GET A CLIENT OUT OF JAIL
Get Released: When a client is in jail there are several ways attorney Pflaum helps him or her get released from jail before the first court date or during the first court date at the arraignment.
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.
Click on the following words to learn more: get out of jail now.
HOW THE CRIMINAL LAWYER HELPS BEFORE COURT
Get Information to the Prosecutor: In some cases the defense lawyer prepares vital information about the client and the case and delivers the information immediately to the prosecution’s office with the goal of persuading them not to file charges in court.
STRATEGIES FOR THE SUCCESSFUL DEFENSE OF A SEX CRIME ACCUSATION
The best defense strategy for a client charged with a sex crime depends upon the nature of the accusation, the alleged evidence, the character and background of the alleged victim, and whether the accused has provided any incrimination statements to investigators.
Many people who claim to be victims of child molestation have reasons not to tell the truth, or there are circumstances that make their claims less than credible.
It is always wise to examine closely the witness statements and the background of the complaining witness. Often times the statements of the witnesses show that there are problems with the believability of the witness.
There may be a defense built around the lack of credibility of the complaining witness since the background of the witness may show previous false claims, a claim based on a lawsuit to collect money, or some other reason that the witness should not be believed.
Sometimes the alleged victim has made similar claims against others which proved to be untrue. This factor can be used to discredit the witness and throw the case out of court.
Another example of a defense could be lack of evidence or sufficient proof. Some cases rely on testimony of undercover police officers or secret tape recordings which might show that the accusations are not provable in court.
OTHER WAYS THE DEFENSE LAWYER HELPS HIS CLIENT
The plea bargain process and jury trial are also proven methods of successfully defending against a charge of lewd acts with a child.
Plea Bargains: The first part of a criminal case involves plea bargaining in which the defense, the prosecution, and the judge try to resolve the case.
A good plea bargain should eliminate or reduce the original charges and avoid further time in custody. In certain circumstances the plea bargain should also protect the client from bad consequences with his or her employment.
To get an excellent plea bargain, the defense attorney must first get to know his client well, including the client’s account of the incident, background, present status, and standing in the community.
The defense attorney analyzes the police reports, 911 calls, photographs, diagrams, witness statements, alleged victim’s statements, phone records, medical reports and any other evidence in the case to determine the strengths of the client’s case and the weaknesses of the prosecution’s case.
The defense attorney then makes a presentation to the prosecution and the judge to get a favorable plea bargain for the client.
If the plea bargain offer is acceptable to the client and the attorney, the case is resolved. If not the case continues to additional court dates and heads towards a trial.
Jury Trial: In some cases, depending upon the circumstances, the evidence, and the client’s desires, the case may proceed to jury trial where defense lawyer Pflaum has extensive experience.
The defenses at trial depend upon the circumstances, the evidence, who the witnesses are, physical evidence, the background of the client and the alleged victim, and police officer testimony.
Every case is different. Each case is unique.
Typical defenses at trial may include the following.
- Lack of corroboration
- Insufficiency of the evidence
- Motive to lie
- Bias of the witness
- Improper police investigation
- Violation of constitutional rights
PROVEN RESULTS
Click on the words results, trials, or testimonials to learn more about defending sex offense charges.
Contact us today to evaluate your case
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