The defense lawyer for kidnapping with over 30 years expertise aggressively asserts the rights of his clients to get the best possible results.
Just because a person was arrested for kidnapping does not mean the person is guilty. The person has many constitutional rights and remedies.
An experienced criminal lawyer makes a difference in the outcome of a kidnapping prosecution.
Definitions. Kidnapping is a form of false imprisonment that involves confining a victim against their will and moving the person from one location to another according to Penal Code section 207. The movement of the victim may be only a few feet.
A kidnapping accusation is considered a violent felony with a maximum punishment of 8 years in prison. Aggravated kidnapping is a more serious offense. It carries a sentence of 5 years to life in prison.
False imprisonment is considered a lesser included offense of kidnapping. False imprisonment is defined as holding or confining a person against their will under Penal Code section 236. It is a misdemeanor punishable by up to one year in custody.
Get Out Of Jail. People charged with kidnapping are arrested and placed into custody.
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. Click on the following words to learn more: get out of jail.
DEFENSE LAWYER FOR KIDNAPPING WINNING STRATEGIES
There are many ways an experienced criminal lawyer successfully defends an accusation of kidnapping. Every case is different. Each client is unique.
Attorney Pflaum meets extensively with his client in order to learn the details surrounding the investigation, detention and arrest,a nd the client’s general background.
Mr. Pflaum then analyzes the criminal file presented by the prosecution including but not limited to 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 patrol units, and medical records in order to apply the best defense strategy.
Jury Trial. Some cases, depending upon the client’s preference and the state of the evidence, may proceed to jury trial where Mr. Pflaum has extensive experience.
The best type of defense at trial depends upon identity and credibility of the alleged victim, the witnesses, police officer investigation and testimony, photographs, videos, 911 calls, medical records, and forensic evidence.
Other trial defense strategies attorney Pflaum may successfully invoke on behalf of his client include the following.
- Consent
- No asportation or movement of the victim
- The alleged victim is not credible
- Lack of corroboration by a third party
- Insufficiency of the evidence to prove the charges
- Bias of the alleged victim to lie
- Motive to lie or fabricate by a witness
- Violation of constitutional rights
- Violation of the right to remain silent
- Incomplete or faulty police investigation
- No proof beyond a reasonable doubt
Plea Bargains. An alternative method to resolve a case prior to trial is by way of a plea bargain. A plea bargain is an agreement between the defense lawyer, his client, the prosecution, and the judge to eliminate or reduce the original charges and avoid time in prison or local custody.
Good plea bargains come about because criminal defense attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, the medical records, 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.
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 DEFENSE LAWYER FOR KIDNAPPING DEDICATED TO JUSTICE
Mr. Pflaum understands the needs of his clients. He has decades of dedication and expertise that makes a difference for them.
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