The following are examples of successful results in juvenile delinquency cases that attorney David Pflaum was able to achieve for his clients.*
1. Penal Code section 261, 243.4–Rape and Sexual Battery
The client was a juvenile whose ex-girlfriend called the police and claimed she was raped by the accused. Our client was arrested and held in juvenile hall.
We examined the police reports and medical reports, interviewed witnesses, and hired a forensic physician to review the case. Based upon our analysis of the case, and the expert’s written medical opinion, all sex-related charges were dismissed. The client was immediately released from juvenile hall. (In re matter v. G.P.)
2. Penal Code section 459, 496–Burglary and Vandalism in Excess of $1000
We filed a petition in juvenile court to allow the defendant to be granted informal probation, which the district attorney opposed. We presented numerous references and information in mitigation to show the judge this was a case involving unusual circumstances. The judge granted the motion. (In re matter of K.S.)
3. Health and Safety Code section 11377–Possession of a Controlled Substance
The client was charged with possession of a controlled substance while on school property. We filed a petition in juvenile court to allow the defendant to be granted informal probation, which the district attorney opposed. We presented numerous references and information in mitigation to show the judge this was a case involving unusual circumstances. The judge granted the motion. (In re matter of M.A.).
4. Penal Code section 245, 186.22–Assault with a Deadly Weapon, Gang Allegation Enhancement
The client was charged with a felony assault and allegation that he committed the assault as part of a gang. This type of allegation is considered to be a “strike” offense and very dangerous to have on a record.
We investigated the case and set if for trial. Prior to trial, the district attorney dismissed the felony and the strike allegation in exchange for a plea to a misdemeanor (People v. J.C).
5. Penal Code section 242–Four Counts of Battery on Another
Client, a 14 year old female, was charged with four counts of battery and placed in juvenile hall. We appeared in court and convinced the judge to release the client on home detention. We then filed a petition for informal probation, which was granted by the judge. As a result, the client’s case was dismissed with no criminal record (People v. V.H.).
6. Penal Code section 451, Penal code section 452–Arson, Arson Causing GBI
Client was charged with serious felony of arson, which caused great bodily injury.
We were successful in getting the client released from custody and placed on home supervision. Thereafter we helped him get help to deal with various aspects of his personal life. We filed a petition for diversion per WIC 790. The trial judge denied the petition.
On appeal the court reversed and directed the trial court to reconsider its previous decision and approve of the petition. (People v. L.B.).
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*The descriptions of results are intended to provide information about legal matters that David Pflaum has handled. The results should not be construed to provide any guarantee about your legal matter. The outcome of cases depend upon on the facts of the case, the background of the client, the laws that apply, and the position of the prosecuting agency. David Pflaum does his very best in every case to succeed on behalf of his client.
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