The criminal lawyer for false imprisonment charges with 30+ years expertise, David Pflaum aggressively defends his clients.
Just because a person is accused of false imprisonment does not mean that he or she is guilty. The person has many constitutional rights and remedies.
An experienced and dedicated criminal lawyer makes a difference in the outcome of a prosecution.
GENERAL INFORMATION ABOUT FALSE IMPRISONMENT
False imprisonment is defined as holding or confining a person against their will (Penal Code section 236).
Kidnapping is a more serious form of false imprisonment that involves confining a person against their will and moving them to another location (Penal Code section 207).
A false imprisonment accusation is a misdemeanor with a maximum punishment of 1 year in jail, a $1,000 fine, or both.
If the false imprisonment was accomplished with the use of violence, it will be charged as a felony.
Get Out of Jail. Virtually all persons arrested for false imprisonment and kidnapping are arrested and put into custody. Attorney Pflaum is prepared to assist his client in getting out of 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.
Click on the following words to learn more: get out of jail.
LAWYER FOR FALSE IMPRISONMENT DEFENSE STRATEGIES
There are many ways an experienced criminal lawyer successfully defends an accusation of false imprisonment and 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, and 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.
The following areas of law may also apply in order to defend the case successfully at trial.
- Consent
- No asportation or movement of the alleged victim
- Lack of believable victim
- Lack of believable witness
- Lack of corroboration to prove the case
- Insufficiency of the evidence to support the charges
- Bias of the alleged victim
- Motive to lie or fabricate of the victim
- 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 of resolving 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, avoid time in prison or custody, and reduce the fines.
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 LAWYER FOR FALSE IMPRISONMENT DEDICATED TO CLIENTS RIGHTS
Mr. Pflaum understands the needs of his clients. He has the dedication and expertise that makes a difference for them.
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