Top skilled criminal defense attorney for vehicular manslaughter, David Pflaum relies on 30 years of experience to protect the rights of his clients and get the best possible results for them in court.
A charge of vehicular manslaughter arises when a person driving a vehicle causes a death due to negligence or a violation of the law according to Penal Code 192(c).
If the person caused a death while driving the vehicle under the influence of alcohol or drugs, they will get charged with either vehicular manslaughter while intoxicated, Penal Code 191.5(b), or gross vehicular manslaughter while intoxicated, Penal Code 191.5(a).
Just because a person was arrested for a vehicular manslaughter does not mean that he or she is guilty. The person has constitutional rights and remedies.
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 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.
Click on the following words to learn more: get out of jail now.
HOW THE DEFENSE ATTORNEY FOR VEHICULAR MANSLAUGHTER SUCCESSFULLY DEFENDS HIS CLIENT IN COURT
There are many effective ways in which San Diego criminal lawyer Pflaum defends an accusation of assault and battery.
Attorney Pflaum meets extensively with his client in order to learn the details surrounding the investigation, detention and arrest. 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.
Mr. Pflaum also analyzes the criminal file presented by the prosecution including but not limited to forensic evidence, the identity and background of the alleged victim, the police investigation and reports, accident reconstruction diagrams, photographs of the scene, witness statements, 911 calls, video recordings from police body cameras and patrol units, and medical records in order to apply the best defense strategy.
Defenses. The best defense strategy depends largely upon the circumstances of the detention and arrest and the criminal file which includes but is not limited to the forensic evidence, the identity and background of the alleged victim, 911 calls, witness statements, and the police investigation.
The following are the most typical defenses that attorney Pflaum may successfully invoke on behalf of his client.
- No criminal intent
- No negligence in the operation of the vehicle
- No violation of a legal duty in the operation of the vehicle
- Insufficient evidence to prove the charge
- No corroboration by a third party
- No eye witness identification
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
- Incomplete police investigation
- Failure of proof
Plea Bargains. Statistics show that nearly 95% of driving under the influence cases are resolved prior to trial by way of a plea bargain.
Plea Bargains. A plea bargain is an agreement between the defense lawyer, his client, the judge and the prosecutor to eliminate or reduce the original criminal charges, avoid or minimize the amount of time in prison or jail, and reduce the fines.
A client is under no obligation to accept a plea bargain offer, but nearly all criminal prosecutions begin with the plea bargaining process.
Defense Strengths. Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, carefully analyzes the police reports, examines the statements made by the accused if any, medical records, videos, photographs, tape recordings, 911 calls, forensic evidence and witness interviews to develop the strengths of a case.
Prosecution Weaknesses. By the same process attorney Pflaum looks for and 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, coerced confessions, violations of rights, missing or inconclusive evidence, the lack of supporting medical records or photographs of alleged injuries, and problems in the forensic evidence.
Effective Presentation. Attorney Pflaum 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 then proceeds to sentencing either immediately or at a future court date.
If the plea bargain offer is not acceptable to the client and the attorney, the case continues to additional court dates and heads towards a trial.
Jury Trial. Some cases, depending upon the circumstances, the evidence, and the client’s preference, may proceed to jury trial where defense lawyer Pflaum has extensive experience. The best defense at trial depends upon the circumstances of the accident, the evidence of driving, the witnesses, physical evidence at the scene, medical testing results of breath or blood if applicable, accident reconstruction diagrams and expert testimony, recordings, videos, and police officer investigation and testimony.
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