A skilled domestic violence lawyer with over 25 years experience, David Pflaum is known as The Right Defender™ in San Diego. He protects 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 does not mean that he or she is guilty. The accused has rights and remedies.
An experienced criminal defense lawyer like Mr. Pflaum makes a difference in the outcome of a domestic violence prosecution.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT
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)
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.
When the accused is in custody there are several ways defense attorney Pflaum helps him or her get released before the first court date or during the first court date at the arraignment.
The procedures to get a person out of custody depends 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.
The release of the client can be accomplished by posting bail right away.
The advantage is that the accused is released the same day; the disadvantage is the bail bond may cost a lot of money that is not refundable.
The release of the client can also be accomplished at the first court date by requesting from the court a release from custody without posting bail, also called a release on the client’s “own recognizance.” The defense lawyer may also request a reduction in the amount of bail.
The advantage is that there is no cost to pay for a bond, or the cost may be reduced; the disadvantage is that the accused must wait in jail until the arraignment to get out of jail.
To learn more click here: get out of jail.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT BEFORE COURT
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.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT IN COURT
Both misdemeanor and felony cases are commonly resolved 95% of the time during the court process by way of a plea bargain.
A plea bargain is an agreement between the prosecution, judge, defense attorney and his client to resolve a case before trial.
A plea bargain should when possible include dismissal or reduction of the charges with an agreement on no time in prison or jail, alternatives to custody, no mandatory counseling for 52 weeks, and other favorable terms.
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, background, present status, and standing in the community.
Every case is different. Each client is unique.
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.
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, and problems in the forensic evidence.
Effective Presentation. The criminal defense attorney 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 wither 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 desires, may proceed to jury trial where defense lawyer Pflaum has extensive experience and success.
The defenses at trial for a charge of domestic violence 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 and the alleged victim, and police officer testimony.
Typical defenses at trial may 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
Contact us today for a great legal consultation
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.
Contact us today for a valuable consultation
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