San Diego criminal justice lawyer David Pflaum is recognized as the right sex crimine defense lawyer in the local community.
This is because he provides the guidance, service and expertise that every person should receive from their defense attorney.
And because from the first consultation to the last court, he delivers the right results.
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The most common sex offenses are listed in the Penal Code.
- Sexual battery–Penal Code section 243.4
- Rape–Penal Code section 261
- Statutory rape–Penal Code section 261.5
- Child abuse–Penal Code section 273
- Molestation–Penal Code section 288
- Prostitution–Penal Code section 647(b)
If you are the subject of an investigation and the police, a detective, or a child protective services workers wants to speak with you, you should call attorney Pflaum right away to protect your rights.
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The defense process begins with a consultation to get the details of the investigation and/or arrest. This information starts the defense ball rolling.
Next it is important to know the client’s personal background because this information often plays a significant role in resolving the case favorably.
Finally the police reports, witness declarations, evidence, medical records, pretext phone call recordings must be carefully evaluated to determine the strengths of the defense case.
The most common defenses to a sex crime include the following.
Lack of Credibility. Many people who claim to be the victim of a sex crime have a reason not to tell the truth or have a criminal record that makes the alleged victim less believable.
There may be circumstances that make the alleged victims claims less than credible. A
n experienced defense attorney knows what to look for in the witness statements, background of the complaining witness, and circumstances surrounding the alleged sex crime.
Consent. Another defense to a sex offense charge may be consent. A person’s willingness to participate in sexual activity can be a complete defense to an allegation of sexual assault or rape.
Bias. Sometimes the alleged victim has made similar claims against others which proved to be untrue.
This factor can be used to throw the case out of court. Sometimes it can be proven that the alleged victim is just trying to make money based upon the accusation and therefore is less believable.
Motive to Fabricate. Sometimes the complaining witness has some motive to fabricate or make up a story against the accused.
This type of defense is common where the complaining witness has conflicts with a parent or a step-parent and wants to be able to leave the house at will or to do whatever s/he wants.
Lack of Proof. Another example of a defense to a sex crime like solicitation of prostitution is the accuracy of the alleged solicitation.
These cases rely on testimony of undercover police officers and secret tape recordings which can show that the accusations are not provable in court. These recordings can also be used to prove entrapment.
Mistake of Fact. An honest good faith belief in the age of an alleged victim may, in some circumstances, be a defense to a sex crime.
- Lack of witness corroboration
- Insufficiency of the evidence
- Lack of medical records corroboration
- Motive to lie
- Alibi
- Bias of the witness
- Consent
- Improper police investigation
- Violation of constitutional rights
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THE RIGHT SEX CRIME DEFENSE LAWYER
MAKES THE DIFFERENCE
Attorney Pflaum comes highly recommended Google, Avvo, Yelp, Testimonials
(760) 806-4333
This page is also available in: Spanish