The right Vista burglary attorney has the expertise that makes the difference.
Just because a person was arrested for burglary does not mean that he or she is guilty.
The person has rights and remedies.
Criminal justice attorney David Pflaum defends his client aggressively to get the best possible results.
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SKILLED VISTA BURGLARY ATTORNEY SERVICES
The Vista burglary attorney has a comprehensive knowledge of the judges and prosecutors which enables him to represent his client effectively.
Burglary is an accusation that a person entered a building with the intent to commit a theft or a felony, according to Penal Code 459.
Most everyone suspected of committing a burglary is arrested and placed into jail with bail set according to the booking charges.
Many people use the services of a bail bond agency to get released from jail with a notice to appear in court at a later date.
When a client remains in jail there are several ways attorney Pflaum helps him or her get released from jail.
The procedures to get a person out of custody depend on the circumstances of the alleged crime, ties to the community, employment, age, prior criminal record, military experience and character references.
For more information click on get out of jail asap.
VISTA BURGLARY ATTORNEY DEFENSE STRATEGIES
The right defense to an accusation of burglary depends on many factors.
Every client is unique. Each case is different.
Attorney Pflaum meets with his client in order to explore the facts of the arrest and to learn about the clients general background
He then reviews analyzes the prosecution file including the credibility of the alleged victim, the quality of the police investigation and reports, and contents of witness statements.
The strategic defenses may include the following.
- The client did not intend to commit a theft
- Consent to enter the property
- Lack of motive
- The evidence is inconclusive
- No specific criminal intent
- The witnesses are not believable
- Video surveillance shows no act of burglary
- The loss prevention officer is not credible
- Failure of the police to advise of rights
HOW THE VISTA BURGLARY ATTORNEY
EFFECTIVELY REPRESENTS HIS CLIENT IN COURT
The question of how to resolve a burglary case depends on what is in the best interest of the client.
One way to resolve a case is by way of a petition to dismiss the case due to a violation of a constitutional right.
Sometimes the police do not comply with the United States Constitution during a detention, search or a seizure.
When this happens, people have a recourse in the courts.
For more information click on violation of rights.
Diversion is a form of pretrial procedure in which a person accused of a crime does not enter a plea of guilty to the alleged crime.
Instead the accused enrolls in a program of counseling to help remedy the alleged behavior leading to the original arrest.
Diversion allows the accused the opportunity to avoid a conviction and to keep his or her record clean.
There are four types of diversion available to the accused: Drug Diversion, Military Diversion, Mental Health Diversion, and Misdemeanor Diversion (just enacted in December 2020).
A plea bargain is a pretrial agreement between the judge, prosecutor, defense attorney and his client regarding the charges and the punishment.
The goal of a plea bargain is to dismiss or reduce the criminal charges and to avoid time in prison or jail.
Good plea bargains come about because attorney Pflaum exposes weakness in the prosecution case and presents important information about his client to the district attorney and judge.
A jury trial may, depending on the clients preference and the weight of the evidence, be necessary.
Winning the jury trial begins by selecting an impartial jury, making a strong opening statement, offering proper testimony, cross examining witnesses, and finishing with a compelling argument in support of the verdict: Not Guilty.
For more information click on jury trial.
THE VISTA BURGLARY ATTORNEY
EXPERIENCE MAKES THE DIFFERENCE
(760) 806-4333
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TYPES OF BURGLARY CHARGES
Burglary comes in two varieties, first and second degree.
First degree felony burglary is committed when entering a residence to commit a theft or felony. This is also known as residential burglary.
Second degree burglary is basically everything else when a person enters a commercial establishment to commit a theft or felony. This type of charge may be a felony or a misdemeanor.
The difference between a felony and a misdemeanor is the maximum punishment for first degree burglary is 6 years in prison, and for a misdemeanor 364 days in local custody.
The terms of probation, if probation is granted by the court, whether formal or informal, will depend upon whether the case is resolved as a felony or a misdemeanor.