A skilled lawyer for commercial burglary with 30 years of legal experience, David Pflaum aggressively defends the rights of his clients.
Just because a person was arrested for commercial burglary does not mean that he or she is guilty. The person has many constitutional rights and remedies.
A compassionate criminal defense lawyer makes a difference in the outcome of a commercial burglary prosecution.
LAWYER FOR COMMERCIAL BURGLARY SERVICES
Commercial burglary arises when a person enters a store or business to commit a felony of petty theft (Penal Code 459).
Depending on the type of structure involved, burglary can be charged as a felony or a misdemeanor. Auto burglary requires an actual break-in to a locked vehicle.
Burglary of a room or structure can be charged even if a person did not forcibly enter a room or structure.
Residential burglary occurs when a person enters a building that is occupied by a person, most commonly a residence.
Virtually all people suspected of committing a burglary are arrested and placed into jail with bail set according to the booking charges and the San Diego County Bail Schedule.
When a client is in jail there are several ways attorney Pflaum is prepared to help the client get released from jail as soon as possible.
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 more information click here: get out of jail asap.
LAWYER FOR COMMERCIAL BURGLARY STRATEGY
The professional defense of a client begins with a consultation to learn the facts of the investigation and arrest, and the client’s general background.
Mr. Pflaum then analyzes the criminal file presented by the prosecution including forensic evidence, the identity and background of the alleged victim, the police investigation and reports, witness statements, 911 calls, surveillance video, fingerprints if recovered by law enforcement, and evidence seized by the police.
Defenses. The most compelling defenses that criminal attorney Pflaum may invoke to successfully defend his client include the following.
- The client did not intend to steal anything
- Consent to enter the property
- Improper eye witness identification
- No motive to commit the crime
- No proof beyond a reasonable doubt
- The evidence is inconclusive
- Mistake of fact as to the alleged theft
- The client lacked specific criminal intent
- The witnesses are not believable
- Video surveillance shows no act of burglary
- The loss prevention officer is not credible
- Failure of the police to advise of rights
RESOLUTION OF THE COMMERCIAL BURGLARY CASE
Jury Trial. A jury trial may, depending upon the evidence and the client’s preference, be successful to prove that a client is not guilty.
The right trial defense depends upon the quality of the law enforcement investigation and conclusions, whether the client chooses to testify, the credibility of the alleged victim and loss prevention officials, the reliability of witness statement, and the physical evidence.
Additional strategies for trial are noted above in the “Defenses” section.
For more information click here: jury trial.
Plea Bargain. A plea bargain is an agreement between the judge, prosecutor, defense attorney, and client that may dismiss or reduce the criminal charges and avoid time in prison or jail.
Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully analyzes the police reports and conclusions, the credibility and background of the alleged victim, surveillance videos, missing or inconclusive evidence, conduct of the loss prevention officer, violation of right, and witness statements to develop the strengths of a case.
THE RIGHT CRIMINAL DEFENSE LAWYER
Criminal attorney David Pflaum has the compassion and expertise that makes the difference for a client who is charged with commercial burglary. Reach out to the right defender for excellent legal representation.
Call (760) 806-4333
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