The highly experienced defense lawyer for terrorist, threats also commonly called Criminal Threats in violation of Penal Code section 422, David Pflaum aggressively defends the rights of his clients.
Just because a person may have been accused or arrested for making a terrorist threat does not mean the person is guilty.
A criminal lawyer like Mr. Pflaum with 30 years of experience makes a difference in the outcome of a prosecution for terrorist threats.
Definitions. California defines a terrorist threat as basically making an oral or written statement that threatens to hurt another person.
The alleged threat most typically arises in the heat of the moment at sporting events, social gatherings, bars and during domestic disputes when a person is acting under duress, pressure or while intoxicated.
The person does not mean to follow-up on the threat.
Violation of Penal Code section 422 may be charged as either a felony strike or a misdemeanor.
Get Released From Jail. Virtually all people charged with a violation of making a terrorist threat under Penal Code section 422 are arrested and placed into custody with bail set according to the San Diego County Bail schedule at $50,000.
When a person 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, the position of the alleged victim, the present status of the accused, ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
For more information about getting out of jail as soon as possible, click here: get released from custody.
STRATEGIES OF THE DEFENSE LAWYER FOR TERRORIST THREATS
Defenses. There are many viable defenses for an accusation of terrorist threats in violation of Penal Code 422.
During the first consultation attorney Pflaum meets with his client to examine the entire case, including the client’s version of what happened to cause an accusation of a terrorist threat to arise, the client’s current status and background, the arrest reports, witness statements, and the alleged evidence to determine the right defense strategy.
A strong defense is that the accused did not have the specific intent to harm another or the the present ability to follow-up on the threat, or the necessary criminal intent to complete the crime of terrorist threats.
Alternatively another viable defense is that the person receiving the threat did not believe the threat to be credible or serious.
Other strategic defenses that attorney Pflaum may invoke in order to successfully defend his client include the following.
- Insufficient evidence to prove the charge
- No corroboration of the alleged threat
- No eye witness identification of the accused
- Witness bias not to tell the truth
- No proof beyond a reasonable doubt
- The alleged threat was not believable
- The alleged victim was not in fear as a result of the threat
- Violation of the right to remain silent
- Coerced confession of the accused
- Inconsistent police testimony
- Incomplete investigation
- Failure of proof of the elements of the offense
Court Process. Statistics show that almost 95% of criminal cases are resolved by a plea bargain before trial.
A plea bargain is an agreement between the prosecution, judge, defense lawyer and the client 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 obligation to accept a plea bargain offer, but plea bargaining is the first stage of every criminal prosecution.
Defense Strengths. Good plea bargains come about because attorney Pflaum understands his client well and what gave rise to the criminal accusation, investigates the case, carefully reviews the police reports, the medical records, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence, and witness interviews 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 offer for his client.
If the plea bargain offer is accepted by the client and his defense attorney, the case then proceeds to 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.
For more information about plea bargains, click here: pretrial negotiations.
Jury Trial. Some cases, depending upon the circumstances, the evidence, and the client’s preference, may proceed to jury trial where Mr. Pflaum has many years of successful experience.
For more information about jury trials click here: jury trial.
THE DEFENSE LAWYER FOR TERRORIST THREATS
San Diego criminal attorney Pflaum has earned a reputation in the legal community for his relentless representation of clients. He stands up for their rights and gets the right results.
Click on results, trials, and testimonials to learn more.
For the right legal representation
(760) 806-4333
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