A highly skilled drug crime defense attorney who has successfully defended just about every type of drug case for over 25 years, David Pflaum protects the rights of his clients and gets the best possible results for them.
The fact that a police officer may have discovered drugs in someone’s possession, car or home, or claims that the drugs were being transported or possessed for sale, does not mean that there is enough evidence for a conviction.
The accused has constitutional rights. Stand up for your rights. The right defender makes a difference in the outcome of a drug prosecution.
HOW THE CRIMINAL DEFENSE LAWYER HELPS IF A CLIENT IS IN CUSTODY
Drug crime accusations come in many varieties, ranging from simple possession and being under the influence of drugs, to possession for sale, manufacture of drugs, transportation of drugs, importation, and cultivation.
Most people accused and arrested for a drug-related crime are put in jail.
Get Out Of Jail: 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 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.
Click on the following words to learn more: get out of jail now.
How Was The Arrest Done: One of the first things to do when defending a drug crime is to determine whether the police had probable cause for a detention or a search of the person, automobile, or house where the drugs may have been found and, if not, whether the illegal evidence can be thrown out of court.
Search Warrant: If there was a search warrant involved, then the analysis should focus on the affidavit in support of the search warrant, and whether the scope of the search was appropriate.
Examine The Evidence: The attorney looks carefully at such important factors as where the drugs were supposedly found, the quantity of drugs, whether there was a scale, materials to package the drugs, a large amount of money, tape recordings of sales, undercover purchases, pay-and-owe sheets, sales records, lab analysis, and other factors.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT IN COURT
After meeting with the client and analyzing the case, the defense lawyer goes to court to continue the process of defending and resolving the case.
Plea Bargaining: Most cases filed in criminal court are settled by way of a plea bargain. This is an agreement between the client, his criminal defense lawyer, the prosecutor and the judge to resolve the case in a fair way to the client.
A good plea bargain comes from dedicated and skilled work by the defense lawyer who looks for the strengths of his client’s case, and the weaknesses of the prosecution’s case, in order to persuade the prosecutor and judge to offer a favorable deal to the client.
A plea bargain should include dismissal or reduction of the drug charges with an agreement on no time in prison or local custody, or alternatives to custody, and other favorable terms.
After analyzing the case, reviewing the arrest reports, viewing diagrams of the area of arrest and detention, drug analysis results, witness statements, video and surveillance tapes, phone records, and the evidence that the police or DEA claim supports the charges, Mr. Pflaum excels at getting excellent plea bargains for his clients.
If the plea bargain is accepted by the client and the defense lawyer, the judge will sentence the client in accordance with the agreement.
If the plea bargain is not accepted, then the defense lawyer continues to defend the case as it goes through the court system towards a trial.
Trial: For those cases that cannot be settled by way of a petition to dismiss the charges, or a plea bargain, or for clients who choose to go to trial, attorney Pflaum has extensive experience at preparing cases for trial, presenting excellent opening statements and closing arguments, and winning.
The best defense at trial will depend on the facts of the case, the evidence the police claim to have, expert witness testimony, eye witness testimony, and the client’s assistance.
Typical defenses at trial include the following.
- No criminal intent
- Insufficient evidence
- No corroboration
- No eye witness identification
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
Call The Law Office of David Pflaum for a consultation today
COMMON DRUG CHARGES
Possession of Methamphetamine, Health and Safety Code section 11377(a)
The unlawful possession of certain types of drugs, usually including methamphetamine (also known as “crystal”). This type of criminal accusation can be filed or charged as a felony or misdemeanor, and can sometimes be resolved by a referral to a drug diversion program, pursuant to Penal Code section 1000, Proposition 36, or Drug Court.
Possession of Heroin or Cocaine, Health and Safety Code section 11350
The unlawful possession of other specified drugs, such as heroin and cocaine, and certain types of prescription medicine like morphine and hydrocodone (Vicodin), if possessed without a prescription. These types of offenses are felonies, but can be addressed in many ways to reduce the charges or arrange to have them dismissed.
Use or Under the Influence of Controlled Substances, Health and Safety Code section 11550(a)
The willful use of a controlled substance or narcotic, or being under the influence or the effects of the drug, constitute a violation of this section. Usually the police will perform some tests on a person’s eyes, along with some other tests, and then demand a blood or urine sample for proof.
Possession of Controlled Substance for Sale, Health and Safety Code section 11378
The unlawful possession of drugs with intent to sell. In these types of cases, the prosecutor must prove that you were in the possession of drugs and that you had the intent to sell or you were in the process of selling them.
Transportation, Sale, or Distribution of Controlled Substance, Health and Safety Code section 11379
The unlawful possession for sell, transporting, or distributing drugs. In these cases the prosecutor must prove that you were in possession of drugs and had the intent or were in the process of transporting (even if it is a short distance), selling or giving away the drugs.
The crimes for drug trafficking can bring you harsh penalties such as fines, time in prison, permanent criminal record, and deportation consequences if you are not a U.S. citizen.
Call The Law Office of David Pflaum for a consultation today
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