The right criminal lawyer for burglary, David Pflaum has 30 years of legal expertise that he relies on to aggressively and successfully assert the rights of his clients.
Just because a person was arrested for burglary does not mean that he or she is guilty. The accused has constitutional rights and remedies.
An experienced criminal lawyer makes a difference in the outcome of a burglary prosecution.
LAWYER FOR BURGLARY DEFENSE SERVICES
The successful criminal lawyer for burglary defense must have a comprehensive knowledge of the courts and criminal justice system in order to effectively represent his client.
Burglary is an accusation that a person entered a building with the intent to commit a theft or a felony according to Penal Code 459.
Most people suspected of committing a burglary are arrested and placed into jail with bail set according to the booking charges.
Get Released From Jail. When a client is in jail there are several ways attorney Pflaum is prepared to help the client get released from jail as soon as possible.
The procedures to get a person out of custody depend 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.
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LAWYER FOR BURGLARY STRATEGIES TO HELP THE CLIENT GET THE RIGHT RESULTS
The best defense to an accusation of burglary depends on many factors. Every client is unique. Each case is different.
Attorney Pflaum meets extensively with his client in order to learn the details surrounding the investigation, detention and arrest. He also learns about the client’s present status including employment, ties to the community, professional licenses, education, training, military experience, and mental and physical health. This information may be helpful to resolve the case.
Mr. Pflaum also analyzes the criminal file presented by the prosecution including forensic evidence, the identity and background of the alleged victim, the police investigation and reports, witness statements, 911 calls, video recordings from police body cameras, and medical records if any, in order to apply the best defense strategy.
The most compelling defenses that criminal attorney Pflaum may invoke to successfully defend his client include the following.
- The accused did not intend to steal anything
- Consent to enter the property
- Improper eye witness identification of the accused
- No motive to commit the crime
- No proof beyond a reasonable doubt
- The evidence is inconclusive
- Mistake of fact as to the alleged theft
- The accused had no specific criminal intent
- The witnesses are not believable
- The witnesses have a motive to lie
- Video surveillance shows no act of burglary
- The loss prevention officer is not credible
- Failure of the police to advise of rights
- The accused had the money to pay for the stolen items
ALTERNATIVE METHODS TO RESOLVE A BURGLARY CASE
Statistics show that 95% of criminal cases are resolved prior to trial by way of a plea bargain.
Plea Bargaining. A plea bargain is an agreement between the judge, prosecutor, the defense attorney and his client regarding the charges and the punishment. The goal of a plea bargain is to dismiss or reduce the criminal charges and to avoid time in prison or jail.
The client is under no legal obligation to accept a plea bargain offer, but nearly every criminal case starts with the plea bargaining process.
Defense Strengths. Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, carefully analyzes the police reports, fingerprints, videos, photographs of the scene, tape recordings, surveillance videos, and and witness statements to develop the strengths of a case.
Prosecution Weaknesses. By the same process Mr. Pflaum looks for and develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, violation of a client’s right to remain silent, discrepancies in the conduct of the loss prevention officers and/or investigating officers, missing or inconclusive evidence, and no video or camera surveillance to corroborate the alleged theft.
Effective Presentation. Attorney Pflaum 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 proceeds to sentencing.
If the plea bargain offer is not acceptable to the client and the attorney, the case continues to additional court dates and heads towards a trial.
Jury Trial. Some cases, depending on the client’s preference and the state of the evidence, may proceed to jury trial. The best type of defense at trial depends upon the circumstances surrounding the alleged burglary, whether the client will testify, the testimony of the alleged victim, the investigation and testimony of police officers, fingerprints, witness statements, photographs, and forensic evidence.
THE CRIMINAL LAWYER DEDICATED TO JUSTICE FOR CLIENTS
Criminal attorney Pflaum has earned a reputation in the legal community for his relentless representation of clients. He has the experience, dedication and expertise to make a difference for them.
For the right legal representation
(760) 806-4333
MORE INFORMATION ON BURGLARY CHARGES
Burglary comes in two varieties, first and second degree.
First degree felony burglary is committed when entering a residence to commit a theft or felony. This is also known as residential burglary.
Second degree burglary is basically everything else when a person enters a commercial establishment to commit a theft or felony. This type of charge may be a felony or a misdemeanor.
The difference between a felony and a misdemeanor is the maximum punishment for first degree burglary is 6 years in prison, and for a misdemeanor 364 days in local custody.
The terms of probation, if probation is granted by the court, whether formal or informal, will depend upon whether the case is resolved as a felony or a misdemeanor.