Domestic violence charges arise in all sorts of situations, but usually have something to do with a husband and wife, boyfriend and girlfriend, domestic partnership, same-sex couples, or other romantic relationship.
Allegations of domestic violence usually start when there is a report to the emergency hotline 911, from either one of the persons involved in the case, a witness who is passing by, or a neighbor.
An experienced domestic violence lawyer knows how to help immediately with an arrest or criminal accusation of domestic violence in many ways.
The most common accusations of domestic violence are:
- Assault (Penal Code 240, 245)
- Battery (Penal Code 242)
- Inflicting corporal injury on a spouse, former lover, or ex-spouse (Penal Code section 273.5)
- Terrorist or criminal threats (Penal Code section 422)
Note: It can be very helpful if the alleged victim does not want to prosecute the accused.
HOW DOES THE DOMESTIC VIOLENCE LAWYER HELP
Get out of Jail: If the accused is in jail, there are several ways attorney Pflaum can help him or her get released before the first court date, or during the first court date at the arraignment.
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. The advantage is that there is no cost to pay for a bond; the disadvantage is that the accused must wait in jail until the arraignment.
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.
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.
Defend the Case in Court: If the prosecutor’s office decides to file criminal charges against the arrested person, a domestic violence 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.
Mr. Pflaum knows his client well, the strengths of his client’s case, and the weaknesses of the prosecution’s case. He analyzes the police reports, 911 calls, photographs, diagrams, witness statements, victim’s statements, phone records, medical reports, and knows how to successfully persuade the prosecutor and judge to make a strong plea bargain offer to the client.
A strong plea bargain should eliminate or reduce the original charges and avoid further time in custody. Mr. Pflaum has been arranging for excellent plea bargains for his clients for 25 years.
Some cases, depending upon the circumstances, the evidence, and the client’s desires, may proceed to jury trial where lawyer Pflaum has extensive experience.
The 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.
Click on investigations, results, testimonials to learn more.
Call the right defender for help
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