The skilled domestic violence lawyer with over 25 years experience, David Pflaum is known as the right defender in San Diego because he protects the rights of his clients and gets the right 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 DOMESTIC VIOLENCE 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)
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.
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.
Plea Bargaining. 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 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.
Every case is different. Each client is unique.
HOW THE DOMESTIC VIOLENCE LAWYER EFFECTIVELY REPRESENTS HIS CLIENT
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, 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 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
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.
DEDICATION TO CLIENTS
Reach Out. Search this website for information about a legal issue, review our proven results, watch the video testimonials, give us a call, send a text message, come to the office for a consultation.
Succeed. Learn why criminal defense attorney David Pflaum is the right choice to be your legal advocate. He truly cares about the needs of his clients. He has decades of experience making a difference for them.
Contact us today for a valuable consultation
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