The top skill identity theft defense attorney with over 30 years of experience, David Pflaum provides aggressive but compassionate representation to his clients to get the best possible results.
Just because a person was cited or arrested for identity theft does not mean the person is guilty. The person has many constitutional rights and remedies.
IDENTITY THEFT DEFENSE ATTORNEY SERVICES
The successful identity theft defense attorney must have a comprehensive knowledge of the procedures and statutes regarding identity theft.
An accusation of identity theft arises when someone uses the identity or personal information of someone else without their permission to obtain financial gain or other benefits in violation with Penal Code 530.5. This offense may be charged as a felony or a misdemeanor.
Most clients accused of committing identity theft are arrested and booked into jail with bail set according to the San Diego County bail schedule.
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. For much more information about getting out of jail, click here: be free.
STRATEGIES OF THE IDENTITY THEFT CRIME DEFENSE ATTORNEY
The professional defense of identity theft begins with a consultation with the client to learn about the facts of the case, and the client’s general background.
Attorney Pflaum then analyses the file presented by the prosecution which typically includes statements or admissions by the client, statements by witnesses and loss prevention officers, victim’s statements, video or surveillance recordings, and the police investigation and arrest reports.
The most common defenses that Mr. Pflaum may invoke in order to successfully defend his client include the following.
- The client did not to commit an identity theft
- Improper eye witness identification
- No specific criminal intent
- No proof beyond a reasonable doubt
- The evidence is inconclusive
- The witnesses are not believable
- The witnesses have a motive to lie
- Failure of the police to advise of rights
- Improper police investigation
An alternative method to resolve an accusation of identity theft is by way of a plea bargain. A plea bargain is an agreement between the client, the criminal defense attorney, the prosecutor and the judge. The goal is to dismiss or reduce the criminal charges, avoid time in jail or provide alternatives to custody, reduce the fines, and provide other favorable terms.
Good plea bargains come about because David 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.
If the plea bargain offer is accepted by the client and his defense attorney, the case then goes to the next court date for sentencing. If the plea bargain is not accepted, the client and the defense attorney continue to aggressively defend the case as it heads towards a trial.
Many cases, depending on the client’s preference and the state of the evidence, proceed to jury trial where Mr. Pflaum has many years of successful experience.
The best trial defense depends upon the quality of the investigation, statements or admissions by the client, the credibility of witnesses, and the police investigation.
THE IDENTITY THEFT DEFENSE ATTORNEY DEDICATED TO HIS CLIENTS
Mr. Pflaum understands the needs of his clients. He has the proven skills, experience and dedication to make a difference for them.
(760) 806-4333
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