A top rated Carlsbad criminal lawyer for domestic violence with over 30 years experience, David Pflaum effectively defends the rights of his clients to get the best possible results.
Just because a person was arrested for domestic violence, also known as spousal abuse, does not mean he or she is guilty. The person has rights and remedies.
An experienced criminal attorney makes a difference in the outcome of a prosecution for domestic violence.
The most common accusations related to domestic violence range from felonies to misdemeanors and include the following.
- Assault (Penal Code 240)
- Battery (Penal Code 243e)
- Assault with force (Penal Code 245)
- Inflicting corporal injury (Penal Code 273.5)
- Criminal threats (Penal Code 422)
- Damaging a telephone (Penal Code section 591)
- Vandalism (Penal Code section 594)
When the police investigate an accusation of domestic violence, they will arrest and take to jail the person who they believe was the primary aggressor.
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.
Click on the following words to learn more: get out of jail.
Contact The Prosecutor’s Office. Depending upon the circumstances, such as assistance from the alleged victim if willing to assist in the defense, interviews with witnesses, photos, tape recordings, police interviews, and additional facts about the arrest, the defense lawyer gets vital information about the case as soon as possible.
If the alleged victim wants to drop the criminal charges, or not request a restraining order, this information can be very helpful.
Mr. Pflaum then delivers the most important information to the prosecutor’s office as soon as possible with the goal of persuading the prosecutor’s office not to file any criminal charges against the arrested person or to reduce the charges.
HOW THE CARLSBAD CRIMINAL LAWYER FOR DOMESTIC VIOLENCE EFFECTIVELY DEFENDS HIS CLIENT
The best defense depends upon the identity and background of the accused, the circumstances of the investigation, detention and arrest, the evidence, witnesses, medical records, 911 calls, photographs, the identity and background of the alleged victim, and police officer testimony.
Every case is different. Each case is unique.
Defenses. Typical strategic defenses that attorney Pflaum may invoke to successfully defend his client include the following.
- Provocation
- Self defense
- Defense of another
- Defense of property
- Lack of corroboration by a third party
- Insufficiency of the evidence to prove the charges
- Motive of the alleged victim to lie
- Bias of the witness to tell a story
- Improper police investigation
- Violation of constitutional rights
Plea Bargaining. Statistics show that nearly 95% of criminal cases are resolved prior to trial by way of a plea bargain.
A plea bargain is an agreement between the prosecution, judge, defense lawyer and the accused to eliminate or reduce the charges, avoid or minimize the amount of time in prison or jail, and reduce the fines.
A client is under no accused to accept a plea bargain offer, but plea bargaining is the first stage in every criminal prosecution.
Defense Strengths. Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, carefully analyzes the police reports, the medical records, photographs, tape recordings, 911 calls, forensic evidence, and witness interviews to develop the strengths of a case.
Prosecution Weaknesses. By the same process attorney Pflaum 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. Mr. Pflaum 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 accepted, then the client and the defense attorney continue to aggressively defend the case as it heads towards a trial.
Jury Trial. Some cases, depending upon the state of the evidence and the client’s preference, may proceed to jury trial where defense lawyer Pflaum has extensive experience and success.
THE CARLSBAD CRIMINAL LAWYER FOR DOMESTIC VIOLENCE DEDICATED TO JUSTICE
Mr. Pflaum is the relentless legal representative of his clients. He has the compassion and and expertise to make a difference for them.
Contact us today for legal representation
(760) 806-4333
MORE INFORMATION ABOUT DOMESTIC VIOLENCE
The term domestic violence applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, legal partners, gay or lesbian couples, and people who live together in a romantic relationship.
These types of cases almost always start with a call to 911 from either a person involved in a dispute or from a neighbor or a witness.
More than one police officer will be dispatched to the scene to investigate the case. The police will interview everyone at the scene and photograph any alleged injuries. The police will then arrest the person believed to be the primary aggressor and take him or her to jail.
The person arrested will be booked into jail. Bail will generally be set at an amount between $10,000 and $50,000 according to the San Diego County Bail Schedule.
The police then forward the arrest report to the prosecutor’s office which will determine whether to press charges in court.
Depending upon the time and day of the arrest, the person who was arrested if he/she is in custody will generally be brought to court within two business days to begin the process of fighting the charges.