The right criminal defense lawyer with over 30 years of experience, David Pflaum successfully represents a person who has been charged with a theft offense.
One of the most important goals is to keep a client’s record clean of a theft-related conviction.
Theft offenses come in many varieties from misdemeanor shoplifting (petty theft) to felony grand theft and embezzlement.
Misdemeanor shoplifting generally includes an accusation that a person took property of another worth less than $950. A misdemeanor is a crime punishable by up to six months in jail.
Felony grand theft includes an allegation that a person took property of another worth more than $950. A felony is a crime punishable by up to three years in jail.
Just because a person was cited or arrested for a theft crime does not mean that he or she is guilty. The accused has many rights and remedies.
HOW THE CRIMINAL LAWYER FOR A THEFT OFFENSE REPRESENTS HIS CLIENT
The right criminal attorney for the defense of theft offenses must have a comprehensive knowledge of the laws regarding allegations of theft. Theft accusations come in many varieties such as the following.
- Petty theft
- Burglary
- Shoplifting
- Grand theft
- Fraud
- Embezzlement
- Identify theft
- Forgery
- Robbery
Many people charged with a misdemeanor theft offense are not in jail or custody. They receive a Notice to Appear in court, a citation or a letter from the San Diego County District Attorneys office.
Bring the Notice to Appear, citation or letter to the initial consultation with Mr. Pflaum to discuss the case and figure out the best strategy to get the right results in your case.
People charged with felony grand theft are arrested. The procedures to get a person out of custody depend on the circumstances of the alleged crime and the present status of the accused, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references. For much more information about getting out of jail, click here: be free.
Contact the Prosecutor’s Office. Depending upon the type of charge a client might be facing, and the date for the first court appearance, Mr. Pflaum gets vital information about the case, like witness statements, photographs, video recordings, and sometimes even statements from a victim.
The defense lawyer 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 or to reduce the charges.
THE DEFENSE OF A CRIME ACCUSATION
The best defense of a theft crime accusation depends on the circumstances of the investigation, detention and arrest, the state of the alleged evidence, witness testimony, and the investigation by the police. It is also helpful to learn about the client’s status including but not limited to employment, ties to the community, professional licenses, education, training, military experience, and mental and physical health.
Attorney Pflaum begins the defense of a theft crime accusation as follows.
- Talking to the client during the initial consultation and learning everything about the client’s current status and background
- Learning from the client what may have happened to cause a theft accusation to arise
- Examining the alleged evidence
- Determining whether there were witnesses who are credible
- Viewing video surveillance of the incident
The more common defenses that Mr. Pflaum may invoke in order to successfully defend his client include the following.
- The accused did not intend to steal anything
- Improper eye witness identification
- No motive to steal
- No specific criminal intent
- No proof beyond a reasonable doubt
- The evidence is inconclusive
- Mistake of fact
- The accused had no criminal intent
- The witnesses are not believable
- The witnesses have a motive to lie
- The video surveillance shows no theft
- The loss prevention officer is not credible
- Failure of the police to advise of rights
- The accused had the money to pay for the item
HOW THE THEFT DEFENSE LAWYER REPRESENTS HIS CLIENT IN COURT
Jury Trial. Many cases may, depending upon the client’s preference and the state of the evidence, proceed to jury trial where David Pflaum has has had considerable experience and success.
The best defense at trial depends upon the quality of the investigation and reporting, whether the client made any admissions during the detention, the credibility of the witnesses including the alleged victim, accounting records, and where applicable video surveillance.
An alternative method to resolve a case of theft is by way of a plea bargain. A plea bargain is like a contract between the judge, prosecutor, defense lawyer and his client to resolve a case prior to trial.
A plea bargain may include elimination or reduction of the original criminal charges and an agreement to avoid time in prison or jail.
Good plea bargains come about because criminal defense attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, examines all the forensic evidence, interviews witnesses, and develops the strengths of a case.
If the plea bargain is acceptable to the client, the case proceeds to sentencing in accordance with the plea agreement. If not the case continues through the court process and heads towards a trial.
THE CRIMINAL LAWYER FOR THEFT DEFENSE DEDICATED TO SEEKING JUSTICE FOR CLIENTS
Click on results, trials, or testimonials to learn more about the highly effective legal representation and defense of a client for a theft allegation.
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