The right drug crime defense attorney with over 25 years of experience, David Pflaum is dedicated to asserting the rights of his clients and getting 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. An experienced criminal defense attorney like Mr. Pflaum makes a difference in the outcome of a drug prosecution.
Get Out Of Jail. Almost all people accused and arrested for a drug-related crime are put in 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.
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To view the bail schedule click here: San Diego County bail schedule.
DRUG CRIME DEFENSE ATTORNEY STRATEGIES
The successful drug crime defense attorney should have extensive experience defending various types of drug-related accusations.
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.
The Arrest. 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.
WINNING STRATEGIES OF THE DRUG CRIME DEFENSE ATTORNEY
The right criminal attorney for a drug crime should have years of experience resolving cases prior to trial.
The first important part of a defense is 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.
Plea Bargain. Criminal prosecutions always begin with the plea bargaining process, though a client is under no obligation to accept a plea bargain offer.
A client is under no obligation to accept a plea bargain offer, but plea bargaining is the first stage of every prosecution.
A plea bargain is an agreement between the judge, prosecutor, the 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, avoid prison and jail time, and reduce the fine amount.
Strategies. The best strategic defenses depend on the exact type of drug accusation, the facts of the case, the evidence the police claim to have, expert witness testimony, eye witness testimony, body cameras, patrol car cameras, and the client’s assistance.
Typical defenses to a theft accusation include the following.
- No criminal intent
- No actual possession
- No proof of sales
- No knowledge of the presence of drugs
- 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
A good plea bargain comes from skilled work by the defense lawyer who looks for the strengths of his client’s case and the best possible strategic defenses to assert.
Mr. Pflaum also analyzes the weaknesses of the prosecution’s case which may include an unlawful detention, insufficient evidence, violation of constitutional rights, inconsistent eye witness testimony, and entrapment.
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 bargain offers 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 with 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.
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THE DRUG CRIME DEFENSE ATTORNEY DEDICATED TO CLIENTS RIGHTS
Mr. Pflaum understands the needs of his clients. He has decades of experience making a positive difference for them in the outcome of their legal cases.
COMMON DRUG CRIME 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 harsh penalties such as fines, time in prison, permanent criminal record, and deportation consequences if you are not a U.S. citizen.
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