Plea bargains are pretrial agreements between the criminal justice lawyer, his client, the prosecution, and the judge to dismiss or reduce criminal charges, avoid or reduce time in prison or jail, and agree to other favorable terms of probation.
Criminal justice lawyer David Pflaum has the expertise and compassion for clients to get the job done right.
For more information about the process click on plea bargaining.
EXAMPLES OF PLEA BARGAINS *
Plea bargains do not come easily. They are earned by hard work, investigation, experience, diligence and dedication.
To earn an excellent plea bargain, the criminal lawyer must develop the strengths of his clients case and weaknesses in the prosecution’s evidence.
The following are examples of plea bargains divided into categories.
Click on the category below that interests you most to learn more.
- Felonies
- Domestic Violence cases
- Driving Under the Influence cases
- Penal Code cases
- Vehicle Code cases
- Juvenile cases
1. FELONIES
1. Vehicle Code section 23153(a), 12022.7, 1192.7, 667.5–Driving Under The Influence of Drugs (heroin) and Causing Great Bodily Injury
This client’s father received a call from the hospital saying that the client was involved in a head-on collision with another driver and his young son. The other driver and son were seriously injured. The client was taken to the hospital for medical treatment, then released to the custody of the county jail.
We helped the client get released from jail. We then began our work to challenge the evidence. We interviewed witnesses, developed a defense theory, and retested the blood sample. We also uncovered a prosecution witness who was not credible.
As a result, the most serious charges against the client were dismissed. The client was offered probation with no further time in custody. (People v. V.C.)
2. Penal Code section 261–Rape
The client’s girlfriend accused him of rape.
The client was remanded to jail with high bail.
We immediately reviewed the arrest report, medical examination of the complaining witness, went to the scene of the alleged incident, interviewed other witnesses, and did a thorough background investigation of the complaining witness.
We were able to show that the complaining witness was not believable. All charges were dismissed and the client was released from custody. (People v. D.M.)
3. Penal Code section 261.5 — Statutory Rape
The client has consensual sex with a minor. We helped the client avoid being arrested, got the charge reduced to a misdemeanor, with no time in custody and no sex offender registration. (People v. E.T).
4. Penal Code 503, 487–Embezzlement and Grand Theft
When the police showed up and knocked on the door, this client did not know what to do. The client was accused of taking over $20,000 from her employer and the police wanted to know what happened.
The client confessed and was charged with two felonies.
We met with the client to find out what happened and how we could help her. She indicated that some personal issues were affecting her life and she needed help.
We reviewed the police report and requested accounting records from the police and the prosecutor’s office which helped us learn more about the accusation.
We contacted the employer by mail and in person. The employer was cooperative. The client was able to pay restitution to the employer, as well as to take many positive steps to improve her life.
As a result, the felonies were dismissed in exchange for a plea to a misdemeanor, the client avoided time in custody, and was placed on summary probation. (People v. M.G)
5. Vehicle Code section 23152 a/b with a Prior–Driving Under The Influence of Alcohol with a Prior DUI Conviction
This client was arrested for driving under the influence of alcohol (.15%) and taken to jail. The client was on probation for another DUI.
We demanded a copy of the video of the arrest and extensively reviewed the police report. We filed a petition to challenge the police officer’s actions. The district attorney offered the client a plea bargain in which the client pled guilty to a “wet reckless,” pursuant to the well known, but rarely used, case of People v. Helmandollar, and all current charges, including the prior DUI, were dismissed.
As a result, the client did not have to pay the normal fine of $2500, attend an 18 month alcohol school, install an ignition interlock device, spend one day in custody, or lose his driver’s license. (People v. S.P)
6. Penal Code section 530.5–Felony Identity Theft
The client used someone’s identity to buy some miscellaneous items. We served subpoenas on witnesses and fought the case. We provided the prosecutor with ‘mitigating’ information that showed she was a good person and had no prior criminal record. The felony was dismissed in exchange for a plea to a misdemeanor with no custody and summary probation. (People v. G.C.)
7. Health and Safety Code 11378, 11379, 11377(a)–Possession for Sale of Heroin, Transportation of Heroin, Possession of a Controlled Substance, Committing a Crime While on Bond for Another Criminal Case
All charges dismissed in exchange for a plea to simple possession. (People v. V.C.)
8. Vehicle Code section 23153 a/b–Felony Driving Under The Influence and Causing Great Bodily Injury, Felony Hit and Run
Felonies dismissed, plea to misdemeanor, no custody. (People v. J.P.)
9. Vehicle Code section 20001–Felony Hit and Run
Case proceeded to preliminary hearing where the complaining witness claimed he was injured during the accident. We acquired the medical records of the complaining witness and were able to prove that he was not telling the truth about his injuries. Felony charge dismissed. (People v. A.F.)
10. Penal Code section 647(a)–Solicitation of Prostitution
Charge dismissed in exchange for plea to disturbing the peace. (People v. D.E.)
11. Penal Code section 16590–Felony Possession of Brass Knuckles
We were able to show to the satisfaction of the prosecutor that the accused did not have the necessary criminal intent to commit the crime, resulting in a dismissal of the charges. (People v. D.V.)
12. Penal Code section 288–Child Molestation and Lewd Act On A Child
This client was arrested for a very serious allegation. During the course of our legal representation, we served a subpoena on numerous witnesses, including the complaining witness who came to court to testify at the preliminary hearing. Through cross examination, we demonstrated that the witness was not believable. Case dismissed at preliminary hearing. (People v. M.A.)
13. Penal Code section 459, 496–Burglary, Vandalism, Receiving Stolen Property
Juvenile case, diversion granted based on written petition. (People v. K.S.)
14. Health and Safety Code section 11358, 11359–Felony Possession for Sale of Marijuana, Cultivation of Marijuana
Charges dismissed in exchange for a plea to misdemeanor with summary probation, no jail time and a minimal fine. (People v. B.B.)
15. Health & Safety Code section 11378–Five Counts of Felony Possession for Sale of Ecstasy
Client entered a plea to one count of possession for sale, with a reduction after 18 months of successful completion of probation, no jail time (People v. C.H).
16. Health and Safety Code section 11550–Under the Influence of Controlled Substance
Client was allowed to complete residential rehabilitation program and have original charge dismissed, thereby enabling him to successfully receive an Emergency Medical Training certificate, a job, and a new lease on life (People v. A.S.)
17. Health & Safety Code section 11350–Possession of Cocaine
Client was pulled over by police for “acceleration of speed” which we proved was not a valid basis for a detention of our client’s car. As a result, we filed a petition to suppress the evidence. Petition granted, case dismissed. (People v. L.P.)
18. Penal Code section 273a(b)–Cruelty to a Child by Endangering Health
The client was charged with a serious offense. We gathered background information and assisted the client with getting special instruction about taking care of children. As a result, the client’s original charge was dismissed in exchange to a plea to a misdemeanor violation of Penal Code section 415, Disturbing the Peace. (People v. S.K.)
2. DOMESTIC VIOLENCE CASES
1. Penal Code sections 262(a)(1), 243(e)(1)–Marital Rape, Battery Against Spouse
Client was accused of having committed marital rape and battery against his spouse. Client had been married for 13 years and had 2 children with wife. Through an effective legal representation we were able to prove that there was no evidence of any violence or proof of any injuries. All original charges were dismissed. (People v. E.A.)
2. Penal Code section 273.5–Inflicting Corporal Injury on Spouse
Client was accused of allegedly inflicting corporal injury on his spouse. Through analysis of alleged incident and spouse’s cooperation, we were able to obtain a dismissal of the charges with the district attorney’s office. (People v. A.A.)
3. Penal Code section–242 Battery
Client was accused of committing battery against her sister. Final disposition was a plea of guilty to disturbing the peace PC 415(2). (People v. R.A.)
4. Penal Code section–242 Battery
Our client was involved in an altercation with his girlfriend’s first husband and was accused of battery. Final disposition the original charge was dismissed and our client plead guilty to a misdemeanor PC 415(2), disturbing the peace. (People v. F.D.)
5. Penal Code sections 243(e)(1), 594(a)(b0(2)(A), 591–Battery of Significant Other, Vandalism, and Tampering with Electric, Telephone, and Cable Television
Our client and his significant other had an argument and our client was charged with battery. We successfully resolved our client’s case to a disturbing the peace offense according to Penal code 415. (People v. J.F.)
6. Penal Code section 242–Battery
Client was accused of participating in a fight with one of her co-workers. We were able to resolve the case successfully with the testimony of client’s employer and co-worker that client did not batter her co-worker. Final disposition was an infraction for disturbing the peace, penal code 415(2). (People v. C.P.)
7. Penal Code section 273.5–Corporal Injury to Spouse
Client was accused of allegedly injuring her husband during an argument upon her learning that he had been unfaithful to her. She also had potential immigration issues as a result of her arrest. Final disposition: infraction violation of Penal Code section 415(2), Disturbing the Peace. (People v. L.H.)
8. Penal Code section 273a(a)–Felony Child Abuse
Client was accused of child abuse when he disciplined his daughter with a belt and leaving bruises. Client’s children were removed from his house by child protective services. We were able to reduce the charges. The client initially plead guilty to penal code section 273A(A) per 17(b)4, a misdemeanor. Three years later, client had completed parenting and anger management classes, and through a psychological evaluation we were able to prove that client had overcome his character weaknesses. Final disposition: the felony was reduced to a misdemeanor, violation of Penal Code section 415, Disturbing the Peace. (People v. I.A.)
9. PC 273.5(a), PC 243(e)(1)–Corporal Injury to Spouse and/or Roommate, Battery of a Current or Former Significant Other
Client went to pick up her child at her ex-husband’s home. Client was accused of hitting her ex-husband in the head with her closed-fist and car keys, and pushing him. Final disposition: Client pled guilty to Penal Code section 415(2), Disturbing the Peace. (People v. Y.L.)
10. PC 243(e)(1)–Battery of a Current or Former Significant Other
Client entered into an argument with his significant other. Client was accused of pulling his significant other’s hair and pushing her to the floor. Client completed 12 sessions of anger management. Final disposition: Client plead guilty to Penal Code section 415(2) Disturbing the peace. (People v. L.B.)
11. PC 243(e)(1)–Battery of a Current or Former Significant Other
Client was accused of slapping his girlfriend according to the testimony of someone observing from across the bar area where the client and his wife were sitting. We interviewed the alleged witnesses, and did a background check of them which revealed a criminal record. As a result, during trial only one witness was able to testify. Cross examination of the witness proved he could not accurately recall the facts of the alleged batter.
Client was found not guilty and accusations were dismissed. (People v. D.T.)
12. PC 243(e)(1)–Battery of a Current or Former Significant Other
Client was accused of hitting his girlfriend in the back of her head. The alleged victim also accused client of punching her on the side of her face. We hired a private investigator to investigate the witnessess and also requested the alleged victim’s criminal records. During trial, we were able to cross-examine the alleged victim who changed her testimony several times. The alleged victim finally declared our client had not harmed her. Our client was found not guilty. (People v. C.G.)
13. PC 273.5, PC 243(e)(1), PC 594(a)(b)(2)(A)–Inflicting Corporal Injury on Spouse, Battery of a Spouse, Vandalism under $400.00
Client had an argument with his girlfriend. Original charges dismissed. Client pled guilty to an infraction, violation of Penal Code sectino 415(2), Disturbing the Peace. ( People v. I.A.)
14. PC 243(e)(1)–Battery of a Current or Former Significant Other
Military client accused of pushing and punching the alleged victim. The client attended domestic violence classes while the case was pending. The original charge was dismissed. Client pled guilty to an infraction, Penal Code section 415(2), Disturbing the Peace. (People v. S.T.)
15. PC 243(e)(1)–Battery of a Current or Former Significant Other
Client was accused of pushing his significant other to the ground after both were engaged in a verbal argument about a broken Christmas ornament. Both parties admitted to be under unusual stress due to their workloads and raising two infants. The complaining witness, or alleged victim, did not want to press charges. Result: the original charge were dismissed, in exchange to a plea of guilty to a violation of Disturbing the Peace, Penal Code section 415(2). (People v. R.S.)
3. DRIVING UNDER THE INFLUENCE OF ALCOHOL/DRUGS CASES
1. Vehicle Code section 23152(a) with a Prior Conviction–Driving Under the Influence of Alcohol w/Prior
Client was pulled over and arrested for driving under the influence (.15%) with a prior conviction for a DUI. The judge and prosecution wanted 90 days in jail, a steep fine, and loss of drivers license. We filed a petition to challenge the legality of the detention. As a result, the prosecution offered the client a plea to a “wet reckless” with no jail time, a small fine, and return of drivers license. (People v. S.P.)
2. Vehicle Code section 23152(a)/(b) with Prior–Driving Under the Influence with a Prior DUI
Through re-testing of blood sample, we were able to demonstrate that client was not above the maximum .08% alcohol limit. Original charges dismissed. (People v. H.A.)
3. Vehicle Code section 23152(a)/(b)–Driving Under the Influence of Alcohol with more than 0.08%
All original charges dismissed. Client plead guilty to a “dry reckless” per CVC 23103. (People v. L.F.)
4. Vehicle Code section 23152(a)/(b), 12500–Driving Under the Influence of Alcohol, Driving Without a License
All original charges dismissed. Client plead guilty to a “dry reckless” per CVC 23103. (People v. I.M.)
5. Vehicle Code section 23152(a)/(b)–Driving Under the Influence of Alcohol with Prior DUI
All original charges dismissed. Client plead guilty to a “dry reckless” per CVC 23103. (People v. J.M.)
6. Vehicle Code section 23152(a)/(b)–Driving Under the Influence of Alcohol
All original charges dismissed. DMV hearing license suspension set aside, client plead guilty to a “dry reckless” per CVC 23103. (People v. K.S.)
7. Vehicle Code section 23153(a)/(b)–Driving Under Influence of Alcohol Causing Injury
Client was driving under the influence of alcohol and of rear-ending another vehicle at a red light. The client was diabetic and had consumed some alcohol. We arranged for the client to pay restitution to the victim and complete an alcohol rehabilitation course. As a result, the original felony charges were eliminated, the client entered a plea of guilty to a misdemeanor violatin of VC 23153(a), driving under the influence of alcohol. (People v. T.F.)
8. Vehicle Code section 23152(a)/(b)–Driving Under the Influence of Alcohol with more than the 0.08%
Client was allegedly observed to be driving his vehicle in the emergency lane. Through aggressive representation, the client’s original charges were dismissed. Client entered a plea to violation of Vehicle Code 22107, an infraction, turning without using his signal. (People v. J. G.)
9. California Vehicle Code section 23152 (d) –Commercial Driver Driving with more than .04% of alcohol, with Prior DUI 7 years; Vehicle Code section 14601 (a) –Driving with a Suspended License
4. PENAL CODE CASES
1. Penal Code section 459, 487(a), 466–Burglary, Grand Theft, Tools for Theft
This was a “major shoplifting ring” arrest. The initial offer from the District Attorney was for the client to plead guilty to felony burglary with a sentence of 180 days in jail. We vigorously cross examined witnesses at the preliminary examination hearing, including the loss prevention officer and arresting officers. We sent out an investigator to the scene of the crime. We were able to uncover evidence that the loss prevention officer was dishonest, and the arresting officers did not investigate the case properly. All charges against the client were dismissed in exchange for a plea to a basic petty theft as a misdemeanor, summary probation, no jail time. (People v. B.J.)
2. Penal Code section 647(b)–Solicitation of Prostitution
The original charge was dismissed in exchange for a plea of guilty to a misdemeanor violation of Penal Code section 415(2), Disturbing the Peace. (People v. A.D.)
3. Penal Code section 459, 487, 466–Burglary, Grand Theft, Burglary Tools
Client was charged with grand theft and burglary. Through successful legal representation during preliminary examination hearing, we were able to prove dishonesty in the witness for the loss prevention. Therefore, charges were dismissed. (People v. L.J.)
4. Penal Code section 136.1(c)(1)–Dissuading a Witness by Force or Threat
Client had an argument with his wife and became verbally aggressive. Client’s wife felt afraid and dialed 911 without speaking on the phone, and then left the phone off the hook. Client’s wife abandoned the room. Client hung up the phone. Final disposition: client plead guilty to an infraction for disturbing the peace per Penal Code section 415(a). (People v. G.G.)
5. Penal Code section 273.6(a)–Disobeying Court Order
Client’s ex-girlfriend requested and was granted a restraining order against client. Client was prohibited from approaching his ex-girlfriend. Client decided to serenade his ex-girlfriend with a mariachi. Client violated the restraining order by entering into his ex-girlfriend’s apartment with the pretext of singing close to her and delivering money for her rent. Client’s ex-girlfriend called the police. Final disposition: misdemeanor disturbing the peace per penal code section 415(a). (People v. M.G.)
6. Penal Code section 529.5–Possession of False Government Document
Client was stopped on his way to work because allegedly he did not stop correctly. Client was found with a false identification. Client’s original charge was dismissed. Client entered a guilty plea to an infraction of violation of VC 12500(a), Driving without a Valid License. (People v. A.M.)
7. Penal Code section 484–Petty Theft, Penal Code section 490.1
Client was accused of having taken 5 blouses from Goodwill. Client completed anti-theft classes. Final Disposition: the original charges were dismissed, and the client plead guilty to one offense of PC 602 trespassing. (People v. L.C.)
8. Penal Code section 288 —Lewd Act upon a Child
5. VEHICLE CODE CASES
1. Vehicle Code section 20002–Hit and Run
We proved that the alleged “victim” was at fault for the accident; all original charges dismissed in exchange to a plea to an infraction. (People v. H.A.)
2. Vehicle Code section 31, 14601.1–Presenting a False Identification, Driving on a Suspended Driver’s License
All charges dismissed in exchange for plea to CVC12951, No License in Possession, an infraction. (People v. I.A.)
3. Vehicle Code section 20002–Hit and Run
Our client was accused of a misdemeanor hit-and-run. Final disposition VC 22107 failure to signal. (People v. A.B.)
4. Vehicle Code Section 20002, 12500–Hit and Run, Driving without a Valid License
Our client was in the collision of several vehicles. Client plead guilty to PC 415(2). (People v. R.M.C.)
5. Vehicle Code section 20002(a)–Hit and Run
Client arranged to pay damages to victim. Case dismissed. (People v. K.L.)
6. Vehicle Code section 20002(a), 12500, 16028–Hit and Run, Driving Without a Valid License, No Insurance
We arranged for client to pay damages to victim. Original charge dismissed, client plead guilty to an infraction. (People v. A. L.)
7. Vehicle Code section 20002(a)–Hit and Run
Arranged for client to pay damages to victim. Original charge dismissed. Client plead guilty to VC22107, an infraction. (People v. J. L.)
8. Vehicle Code section 20002(a)–Hit and Run
Arranged for client to pay damages to victim. Original charge dismissed. Client plead guilty to an infraction. (People v. L.M.)
9. Vehicle Code section 2800.1–Evading Arrest
Client was accused of allegedly evading arrest after a highway patrol policeman followed her for several blocks until she stopped. Final disposition: case reduced to an infraction, violation of vehicle code 22107, unlawful turn. (People v. P.H.)
10. Vehicle Code section 14601.1(A)–Driving with a Suspended License
Client driving a cargo trailer detained at weight inspection. Client never received notice of license suspension. Final disposition: case dismissed. (People v. A.H.)
6. JUVENILE DELINQUENCY CASES
1. Vehicle Code section 10851–Vehicle Theft
We filed a thorough written petition to request that the client be granted informal probation. The District Attorney’s office opposed the petition. The judge granted the petition. Client received informal probation. (People v. K.W.)
2. 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.).
3. Penal Code section 459, 594–Burglary and Vandalism in Excess of $1000
Client was charged with burglary of a house and vandalism in excess of $1000. Despite the charges, which make a juvenile presumptively ineligible for informal probation, our petition to dismiss the charges was granted by the judge (People. v. K.S.)
4. Health and Safety Code section 11350–Possession of a Controlled Substance
Client brought controlled substances in his backpack to school. We filed a petition for informal probation which the judge granted (People. v. M.A.)
5. 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.H).
7. BUSINESS & PROFESSIONS CODE CASES
1. Business & Professions Code 25658–Sale of Alcoholic Beverage to a Minor
Client was having a party in his home and was accused of furnishing alcohol to minors. Client entered a plea of guilty to violation of Penal Coe section 415(2), Disturbing the Peace, as an infraction. (People v. E.G.)
PLEA BARGAINS ARE AN IMPORTANT ASPECT OF RESOLVING CRIMINAL CASES SUCCESSFULLY
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*The descriptions of results are intended to provide information about legal matters that David Pflaum has handled. The outcome of cases depend upon on the facts of the case, the background of the client, the laws that apply, 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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