The effective criminal defense for unlawful sexual intercourse per Penal Code section 261.5, commonly called “statutory rape,” requires skilled services because the criminal accusation can be filed as a felony and can bring with it the lifelong consequence of registration as a sex offender.
Criminal defense attorney David Pflaum relies on more than 30 years of experience to assert the constitutional and statutory rights of his clients to get the best possible results for them in court.
Get Out Of Jail. If the client is in jail there are several ways attorney Pflaum helps him 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.
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Contact the Prosecutor’s Office: Depending upon the circumstances and additional facts about the case, the defense lawyer gets vital information about the case.
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.
THE EFFECTIVE DEFENSE FOR UNLAWFUL SEXUAL INTERCOURSE IN COURT
The experienced criminal attorney begins the defense by meeting with his client immediately during an initial consultation to learn about the arrest, the evidence, and the witnesses, and the client’s general background.
Every case is different. Each client is unique.
A criminal charge of unlawful sexual intercourse, also referred to as statutory rape, arises when an adult 18 and over has sexual intercourse with a minor under the age 18. Unlawful sexual intercourse with a minor is unlawful even if the sexual intercourse is voluntary and consensual.
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 and success.
The defenses at trial depend upon the circumstances, the evidence, the credibility of the alleged victim, physical evidence if any, text messages, recordings, emails, the ages of the client and the alleged victim, and police officer testimony.
Trial defense strategies may include the following.
- False accusation
- Mistake of fact
- The client was reasonably unaware of the alleged victim’s age
- The alleged victim presented a false identification
- Motive for the alleged victim to lie
- Insufficient evidence
- Lack of corroboration
- No proof beyond a reasonable doubt
- Financial interest of the victim to fabricate
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Plea Bargains. A plea bargain is like a contract between the prosecution, defense lawyer, client and judge to eliminate or reduce the original charges and avoid time in prison or jail. In certain circumstances, the plea bargain may also protect the client from the requirement to register as a sex offender pursuant to Penal Code section 290.
To get an excellent plea bargain offer, attorney Pflaum analyzes the police reports, admissions by the client, alleged victim’s statements, medical reports, evidence, text messages, recordings, videos, emails, and police officer testimony and any other evidence in the case to determine the strengths of the client’s case and the weaknesses of the prosecution’s case.
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.
THE CRIMINAL ATTORNEY GETS JUSTICE FOR HIS CLIENT
Attorney Pflaum is a relentless defender and legal advocate of his clients charged with unlawful sexual intercourse. He has the expertise and dedication that makes a difference for his client.
Call 760-806-4333
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