A skilled criminal defense attorney with over 25 years of experience, David Pflaum helps a person who has been arrested for an accusation of inflicting corporal injury to a spouse, also called “domestic violence,” and gets the best possible results for him or her.
Just because a person was arrested for an accusation of inflicting corporal injury on a spouse does not mean that he or she is guilty. The accused has rights and remedies.
An experienced criminal defense lawyer like Mr. Pflaum makes a difference in the outcome of a domestic violence prosecution.
HOW THE CRIMINAL DEFENSE ATTORNEY HELPS IF THE ACCUSED IS IN JAIL
If you or someone you know has been arrested for an accusation of inflicting corporal injury to a spouse, attorney Pflaum helps get the person released from jail as soon as possible.
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.
To learn more click here: get out of jail.
HOW THE CRIMINAL DEFENSE ATTORNEY HELPS HIS CLIENT BEFORE COURT
Contact the Prosecutor’s Office: Depending upon the circumstances, such as assistance from the alleged victim, interviews with witnesses, and additional facts about the arrest, the criminal defense lawyer gets vital information about the case as soon as possible.
This information may include statements from the alleged victim, witnesses, and photographs of the scene or of the people involved.
If the alleged victim wants to drop the criminal charges, or not request a restraining order, this information can be very helpful.
The lawyer 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 CRIMINAL DEFENSE ATTORNEY HELPS HIS CLIENT IN COURT
If the prosecutor’s office decides to file criminal charges against the arrested person, the criminal defense attorney is prepared to go to court with the client, defend his or her rights, avoid a restraining order, and resolve the case as quickly and successfully as possible during pretrial negotiations.
Plea Bargains: A plea bargain is an agreement between the client, defense lawyer, prosecutor and judge that should include a dismissal or reduction of charges, an agreement for no time in jail, and avoidance of one year of counseling if possible.
Plea Bargain Strategy: A successful resolution of a case depends on many factors such as the evidence in the case, the client’s current status and history, photographs of damaged property, photographs of injuries, medical reports, 911 tapes, the credibility of the alleged victim, statements made by the accused, statements made by the alleged victim, motive to lie, third party witness statements, and more.
Attorney Pflaum finds the strengths of his client’s case, and weaknesses of the prosecution’s case, in order to achieve an excellent plea bargain in the case.
If the plea bargain is acceptable to the client and the defense attorney, the judge will sentence the client in accordance with the terms of the plea bargain immediately or at a future court date.
If the plea bargain offer is not acceptable to the client and the defense attorney, the case continues to additional court dates and heads towards a trial.
TRIAL BY JURY STRATEGIES
Some cases, depending upon the circumstances, the evidence, and the client’s desires, may proceed to jury trial where lawyer Pflaum has extensive experience.
Defense at Trial: The best 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.
Typical defenses at trial may include the following:
- Provocation
- Self defense
- Defense of another
- Lack of corroboration
- Insufficiency of the evidence
- Motive to lie
- Bias of the witness
- Improper police investigation
- Violation of constitutional rights
WHAT IS 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.
According to the jury instructions in California, a corporal injury is one that results in a traumatic condition (CALCRIM 840) to another.
A traumatic condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.
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 for a felony. 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 defending the charges.
PROVEN RESULTS
Click on investigations, results, testimonials to learn more about successfully defending a charge of domestic violence.
Contact us today for a valuable legal consultation
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