For an accusation of violation of Penal Code 422, Criminal Threats, David Pflaum is a prominent defense lawyer with 30 years of experience to get the best possible results for his clients.
Just because a person was arrested for a charge of violation of PC 422 does not mean that he or she is guilty. The accused has rights and remedies.
An experienced defense lawyer like Mr. Pflaum makes a difference in the outcome of a prosecution for criminal threats.
Definitions. California defines a criminal threat as basically making an oral or written statement that threatens to hurt another person.
The alleged threat most typically arises in the heat of the moment at sporting events, social gatherings, bars, and domestic disputes.
The person allegedly making the threat is often times upset or acting under a lot of pressure, but does not mean to follow-up on the threat.
Violation of Penal Code section 422 may be charged as a felony strike accusation or a misdemeanor.
Get Released. Virtually all people charged with a violation of making a terrorist threat are arrested and placed into custody with bail set according to the San Diego County Bail schedule at $50,000.
When a client is in jail there are several ways attorney Pflaum helps him or her get released from jail before the first court date or during the first court date at the arraignment.
The procedures to get a client out of custody depend on the circumstances of the alleged crime, the position of the alleged victim, the present status of the accused, ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
For more information about getting out of jail as soon as possible, click here: get released from custody.
HOW THE DEFENSE LAWYER FOR PENAL CODE 422 SUCCESSFULLY REPRESENTS HIS CLIENT
During the first consultation attorney Pflaum meets with his client to examine the entire case, including the client’s version of what happened to cause an accusation of a criminal threat to arise, the client’s current status and background, the arrest reports, witness statements, and the alleged evidence in order to determine the right defense strategy.
Defenses. There are many viable defenses for a charge of Penal Code 422.
The right defense depends upon the facts of the case, the identity and background of the accused, the alleged evidence, the identity and background of of the alleged victim, witnesses and the police investigation.
A strong defense is that the accused did not have the specific intent to threaten someone, the the present ability to follow-up on the threat, or the proper mental state due to intoxication or the heat of passion.
Alternatively another effective defense is that the person receiving the threat did not believe the threat to be serious.
Other strategic defenses that attorney Pflaum may invoke in order to successfully defend his client include the following.
- Insufficient evidence to prove the charge
- No corroboration of the alleged threat
- No eye witness identification of the accused
- Witness bias not to tell the truth
- No proof beyond a reasonable doubt
- The alleged threat was not believable
- The accused did not have criminal intent
- The alleged victim was not in fear as a result of the threat
- Violation of the right to remain silent
- Coerced confession of the accused
- Inconsistent police testimony
- Incomplete investigation
- Alibi
- Failure of proof of the elements of the offense
Court Process. Statistics show that almost 95% of criminal cases are resolved by a plea bargain before trial.
A plea bargain is an agreement between the client, the defense attorney, the prosecutor and the judge to eliminate or reduce the charges, avoid time in prison or jail or provide alternatives to custody, and reduce the fines.
The plea bargain usually includes an agreement about the terms of the punishment such as serving no time in prison or jail, alternatives to serving time in jail, community service, and reduced fines.
A client is under no legal obligation to accept a plea bargain offer, but plea bargaining is the first stage in every criminal case.
Other Terms. There are usually many other terms and conditions that are the subject of a plea bargain that include educational programs, public work service, rehabilitation, community service, sex offender registration, payment of restitution (damages), counseling, and voluntary service.
Defense Strengths. Good plea bargains come about because 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, and witness interviews to develop the strengths of a case.
Prosecution Weaknesses. By the same process criminal defense attorney Pflaum 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.
Effective Presentation. The criminal defense attorney then makes a persuasive presentation to the judge and prosecutor about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve an excellent plea bargain offer for his client.
If the plea bargain offer is accepted by the client and his defense attorney, the case proceeds to 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.
Jury Trial. Some cases, depending upon the circumstances, the evidence, and the client’s desires, may proceed to jury trial where Mr. Pflaum has many years of successful experience.
For more information about jury trials click here: jury trial.
THE DEFENSE LAWYER FOR PENAL CODE 422 TERRORIST THREATS DEDICATED TO JUSTICE
Mr. Pflaum stands tall as a relentless legal advocate for his clients. He has the proven skills, experience and dedication to make a difference for them.
Click on results, trials, and testimonials to learn more.
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