A misdemeanor defense lawyer with more than 25 years of legal experience, David Pflaum protects the rights of his clients and gets the best possible results for them in court.
A former deputy public defender for the County of San Diego, attorney Pflaum has the knowledge, skill and contacts in the community to get the job done right for his clients and their loved ones.
WHAT THE CRIMINAL DEFENSE LAWYER DOES FOR HIS CLIENT
Attorney Pflaum knows the criminal justice system inside and out. He has been litigating cases in court for over 25 years. He knows how to make the system work to the advantage of his clients.
Stand Up For Your Rights. Mr.Pflaum protects his client’s rights by making sure the police did not violate their constitutional rights by detaining them illegally, searching them without a warrant, or questioning them without advising them of their rights to remain silent and have a lawyer present during questioning.
Get Out of Jail: If the accused is in jail, there are several ways attorney Pflaum can help him or her get released before the first court date, or during the first court date at the arraignment.
Post Bail: 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.
Request Release from the Judge: 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.”
WINNING STRATEGIES FOR MISDEMEANORS
Plea Bargains: The first part of a criminal case involves plea bargaining in which the defense, the prosecution, and the judge try to resolve the case.
A good plea bargain should eliminate or reduce the original charges and avoid further time in custody. In certain circumstances the plea bargain should also protect the client from bad consequences with his or her employment.
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.
The defense attorney analyzes the police reports, 911 calls, photographs, diagrams, witness statements, alleged victim’s statements, phone records, medical reports and any other evidence in the case to determine the strengths of the client’s case and the weaknesses of the prosecution’s case.
The defense attorney then makes a presentation to the prosecution and the judge to get a favorable plea bargain for the client.
If the plea bargain offer is acceptable to the client and the attorney, the case is resolved. If not 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, attorney Pflaum is ready to go to jury trial and get the best possible results.
People who are accused of a crime have the constitutional right to have a trial by jury.
This is an amazing right guaranteed by the U.S. Constitution that protects people from the long overreaching arm of the government.
One of the best ways to win a case is to aggressively prepare for a trial, pick an excellent jury, make a compelling opening statement, cross examine witnesses, put on a defense, and tell a convincing closing argument.
COMMON MISDEMEANOR OFFENSES
Assault, Penal Code section 240
An assault is an unlawful attempt, coupled with a present ability, to commit an injury on another person. These types of crimes come in all varieties. An experienced attorney can help you by asserting your right to self-defense, defense of another person, or defense of your property.
Battery, Penal Code section 242
A battery is any willful and unlawful use of force or violence upon another person. Like the crime of assault, there are many ways to defend against this charge.
Indecent Exposure, Penal Code section 314
Every person who willfully and lewdly, exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
Burglary, Penal Code section 459
Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, that it is being used for dwelling purposes, with intent to commit grand or petty larceny or any felony is guilty of burglary. A burglary is not necessarily someone sneaking into a home at night to steal something. A burglary can be something as simple as entering a local store and stealing something. This charge can be a felony or a misdemeanor.
Forgery, Penal Code section 470
Every person who, with the intent to defraud, knowing that he or she has no authority to do so, alters, forges, counterfeits, or signs the name of another person or of a fictitious person to any check, money order, promissory note, bond, cashier check, traveler check, and any other document to obtain money is guilty of forgery.
Petty Theft, Penal Code section 484, 488, 490.5
A theft of less than nine hundred and fifty dollars ($950) is considered a misdemeanor petty theft. This is considered a crime involving dishonesty and can have serious effects on a person’s life. The right defender can help you try to eliminate this charge, or work out a deal to minimize its effects on your present and future life.
False Pretenses, Penal Code section 532
Every person who knowingly by any false or fraudulent representation or pretense defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.
Nonpayment of Services, Penal Code section 537
Any person who obtains any credit, food, fuel, services, or accommodations at a hotel, inn, restaurant, boardinghouse, lodging house, apartment house, bungalow court, motel, marina, marine facility, auto camp, ski area, or public or private campground, without paying there for, with intent to defraud the proprietor or manager thereof, or surreptitiously, or by force, menace, or threats, removes any part of his or her baggage there from with the intent not to pay for his or her food or accommodations is guilty of a public offense.
Vandalism, Penal Code section 594
Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism:
(1) Defaces with graffiti or other inscribed material.
Disorderly Conduct, Penal Code section 647(a)
Every person who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. This crime happens more frequently than you might think, and can have serious consequences. Talk to an experienced lawyer to know your options.
Solicitation of Prostitution, Penal Code section 647(b)
Every person who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. This crime is very common, especially when the police set up “sting” operations designed to bust as many people as possible.
Hit and Run, Vehicle Code section 20002
This section makes it a misdemeanor to leave the scene of an accident involving property damage to a third party, without first providing the other party with certain identifying information
Call the right defender for help today
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