TOP FALSE IMPRISONMENT CRIMINAL ATTORNEY FOR A CHARGE OF PENAL CODE 236
The criminal attorney for Penal Code 236 with over 25 years of experience successfully defends a charge of false imprisonment.
False imprisonment is defined as holding or confining a person against their will.
Kidnapping is a form of false imprisonment that involves confining a person against their will and moving them to another location. (See Penal Code 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.
HOW THE DEFENSE LAWYER GETS THE CLIENT OUT OF JAIL
Get Out of Jail: If the accused is in jail, there are several ways attorney Pflaum helps him or her get released before or during the first court date.
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, also called a release on the client’s “own recognizance,” or a reduction in the amount of bail.
The advantage is that there is no cost to pay for a bond, or the cost may be reduced. The disadvantage is that the accused must wait in jail until the arraignment to get out of jail.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT BEFORE COURT
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.
It can be very helpful if the alleged victim does not want to prosecute the accused.
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.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT IN COURT
Defend the Case in Court: If the prosecutor’s office decides to file criminal charges against the arrested person, the defense lawyer 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 plea bargain negotiations.
Plea Bargains: The first part of a criminal case involves plea bargaining in which the defense lawyer, his client, the prosecution, and the judge try to resolve the case.
A good plea bargain should eliminate or reduce the original charges and avoid further time in custody. In certain circumstances the plea bargain should also protect the client from bad consequences with his or her employment.
To get an excellent plea bargain, the defense attorney must first get to know his client well, including the client’s account of the incident, background, present status, and standing in the community.
The defense attorney analyzes the police reports, 911 calls, photographs, diagrams, witness statements, alleged victim’s statements, and any other evidence in the case to determine the strengths of the client’s case and the weaknesses of the prosecution’s case.
The defense attorney then makes a presentation to the prosecution and the judge to get a favorable plea bargain for the client.
If the plea bargain offer is acceptable to the client and the attorney, the case is resolved. If not the case continues to additional court dates and heads towards a trial.
Jury Trial: In some cases, depending upon the circumstances, the evidence, and the client’s desires, the case may proceed to jury trial where defense 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.
Every case is different. Each client is unique.
Typical defenses at trial may include the following.
- Consent
- Lack of corroboration
- Insufficiency of the evidence
- Bias of the witness
- No proof beyond a reasonable doubt
PROVEN RESULTS
Click on investigations, results, testimonials to learn more.
Contact us today for a legal consultation
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest – Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo – Ramona – National City – Santee – Mission Hills – Bonita – Point Loma