The right domestic violence lawyer with over 25 years expertise, David Pflaum vigorously asserts the rights of his clients and gets the best possible results for them.
Just because a person was arrested for an accusation of domestic violence, also known as “spousal abuse,” does not mean that he or she is guilty.
The accused has constitutional rights and remedies.
An experienced domestic violence lawyer like Mr. Pflaum makes a positive difference in the outcome of a domestic violence defense.
THE DOMESTIC VIOLENCE LAWYER EFFECTIVELY DEFENDS HIS CLIENT BEFORE COURT
The successful domestic violence lawyer should have extensive knowledge regarding the laws and statutes that apply to the prosecution and defense of domestic violence charges.
The most common accusations related to domestic violence are as follows.
- Assault (Penal Code sections 240)
- Battery (Penal Code sections 243e)
- Assault with force (Penal Code sections 245)
- Inflicting corporal injury (Penal Code section 273.5)
- Terrorist or criminal threats (Penal Code section 422)
- Damaging or obstructing a telephone (Penal Code section 591)
Get Out Of Jail. When the police investigate an accusation of domestic violence, the police will arrest and take to jail the person who they believe was the primary aggressor.
Bail will be set according to the booking charges and the San Diego County Bail Schedule.
The procedures to get a person out of custody depend on the circumstances of the alleged crime, the position of the alleged victim, 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.
To learn more click here: get out of jail.
To view the bail schedule click here: San Diego County bail schedule.
Contact the Prosecutor’s Office. Depending upon the circumstances, such as assistance from the alleged victim, interviews with witnesses, and additional facts about the arrest, the defense lawyer gets vital information about the case.
Attorney Pflaum then 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 DOMESTIC VIOLENCE LAWYER WINNING STRATEGIES
The first important part of a defense is for the lawyer to meet with the client and find out from him or her the facts of the detention and arrest.
It is also vital to learn from the client his or her background, present status, current employment, mental and physical health condition, and prior record if any.
The successful domestic violence lawyer like Mr. Pflaum should have extensive experience with litigating cases prior to trial during plea bargaining negotiations.
Both misdemeanor and felony domestic violence cases are commonly resolved 95% of the time during the court process by way of a plea bargain.
A client is under no obligation to accept a plea bargain offer, but plea bargaining is the first stage of every prosecution.
Plea Bargains. A plea bargain is an agreement between the prosecution, judge, defense attorney and his client to resolve a case before trial.
An excellent plea bargain should when possible include dismissal or reduction of the original charges, no time in prison or jail or alternatives to custody, and no mandatory counseling for 52 weeks.
To get an excellent plea bargain, the defense attorney must first get to know his client well, including the client’s account of the incident giving rise to his or her arrest, background, present status, and standing in the community.
Defense Strengths. Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, looks for statements made by the accused, medical records, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence and witness interviews to develop the strengths of a case.
Strategies. The strategies for a charge of domestic violence that the lawyer relies on depend upon the circumstances of the alleged crime, the evidence, the witnesses, physical evidence, photos, 911 calls, medical records, testimony from the accused and the alleged victim, witness statements, the background of the client, the background of the alleged victim, and police officer testimony.
Typical defenses the attorney may rely on in order to secure a favorable plea bargain include the following.
- Self defense
- Defense of another
- Defense of property
- Lack of corroboration
- Insufficiency of the evidence
- Motive to lie
- Bias of the witness
- Improper police investigation
- Violation of constitutional rights
- Coerced confession
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. For cases that cannot be, or should not be, settled by way of a plea bargain, the client and the attorney proceed to jury trial.
The best type of defense to be used at trial depends upon the type of witnesses, whether they are police officers or civilians, whether there are photographs, videos, 911 calls, medical records, forensic evidence, expert testimony, motive, bias, and the ability of witnesses to testify credibly.
Click on the tab in blue to learn more: jury trial.
THE DOMESTIC VIOLENCE LAWYER DEDICATED TO CLIENTS RIGHTS
Criminal attorney Pflaum truly cares about the needs of his clients. He has decades of experience making a positive difference for them in the defense of a domestic violence charge.
WHAT IS DOMESTIC VIOLENCE
The term “domestic violence” applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, legal partners, gay or lesbian couples, and people who live together in a romantic relationship.
These types of cases almost always start with a call to “911” from either a person involved in a dispute or from a neighbor or a witness.
More than one police officer will be dispatched to the scene to investigate the case. The police will interview everyone at the scene and photograph any alleged injuries. The police will then arrest the person believed to be the “primary aggressor” and take him or her to jail.
The person arrested will generally be booked into jail for a felony. Bail will generally be set at an amount between $10,000 and $50,000 according to the San Diego County Bail Schedule.
The police then forward the arrest report to the prosecutor’s office which will determine whether to press charges in court.
Depending upon the time and day of the arrest, the person who was arrested if he/she is in custody will generally be brought to court within two business days to begin the process of fighting the charges.
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