A well known and skilled criminal defense attorney in La Costa with over 25 years of successful experience, David Pflaum protects the rights of his clients and gets the best possible results for them.
Just because a person is accused of committing a crime does not mean that he or she is guilty. The accused has rights and remedies.
An experienced and dedicated attorney like Mr. Pflaum makes a difference in the outcome of a criminal prosecution.
HOW THE CRIMINAL DEFENSE ATTORNEY HELPS BEFORE COURT
Investigation: If you are under investigation for a crime by child protective services or law enforcement, call attorney Pflaum immediately. Do not wait. Try to get the name and telephone number of the investigator and call our law office now. 24/7
Office Consultation: Most misdemeanors begin with a citation from a police officer to appear in court. This is commonly referred to as a Notice To Appear.
If charged with a misdemeanor, you may not need to be present in court. The defense lawyer can do all the work for you.
Most felony cases begin with an arrest and the accused is put in jail where he or she remains until bail is posted or the judge releases the accused.
Get Out of Jail: When a client 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 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 asap.
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 defense lawyer gets vital information about the case as soon as possible.
Attorney Pflaum then delivers the most important information to the prosecutor’s office as soon as possible. The goal is to persuade 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 IN COURT
Both misdemeanor and felony matters are resolved 95% of the time by way of a plea bargain.
A plea bargain is an agreement between the prosecution, judge, defense attorney and client to eliminate or reduce the charges, avoid or minimize the amount of time in prison and jail, reduce the fines, and may allow for a modification to be built into the deal for even a better result upon successful completion of probation.
A plea bargain should include dismissal or reduction of the charges with an agreement on no time in custody, or alternatives to custody, and other favorable terms.
Defense Strengths: Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, the medical records, DNA, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case 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 for his client.
If the plea bargain is accepted by the client and the defense lawyer, the judge will sentence the client in accordance with the agreement.
If the plea bargain is not accepted, the case continues and heads towards a trial.
Jury Trial: For cases that cannot be, or should not be, settled by way of a plea bargain, attorney Pflaum is ready to prepare for and go to trial and get the best results possible for his client.
The best defenses at trial depends upon the type of criminal accusation, the state of the evidence, the witnesses, whether the client will testify, the forensic evidence, and many other factors but commonly include the following.
- No criminal intent
- Insufficient evidence
- No corroboration
- No eye witness identification
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
- Incomplete investigation
- Alibi
- Failure of proof
For more information click here: jury trial.
PROVEN RESULTS
Click on investigations, results, trials, and testimonials to learn more.
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