Criminal defense lawyer David Pflaum has more than 25 years of successful experience that he relies on to protect the rights of clients charged with a sex crime and to get the best possible results for them.
An accusation of a sex crime arises in many different situations ranging from indecent exposure to child abuse, rape, prostitution, intercourse with a minor, statutory, rape and child molestation.
Just because a person was arrested for a sex crime accusation does not mean that he or she is guilty. The accused has rights and remedies.
An experienced and dedicated attorney like Mr. Pflaum makes a difference in the outcome of a prosecution for a sex crime.
HOW THE DEFENSE LAWYER HELPS BEFORE COURT
Investigation. If you are the subject of an investigation and the police, a detective, or a child protective services workers wants to speak with you, you should immediately seek the guidance of an experienced criminal defense attorney like Mr. Pflaum to protect your interests.
During an investigation the defense lawyer properly advises the client of their constitutional rights and how to invoke their rights for protection.
Mr. Pflaum speaks to police, detectives and child protective services agents on behalf of the client to prevent an arrest or prosecution in court.
Get Information to the Prosecutor. In some cases attorney Pflaum prepares vital information about the client and the case and delivers the information immediately to the prosecution’s office with the goal of persuading the prosecutor’s office not to file charges in court.
Get Released From Custody. If you or someone you know has been arrested and put in jail for an accusation of a sex offense, the defense lawyer helps the person get out of jail as soon as possible before the first court date, or during the first court date at 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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STRATEGIES FOR THE SUCCESSFUL DEFENSE OF A SEX CRIME ACCUSATION
Many people who claim to be victims of a sex crime have reasons not to tell the truth, have prior criminal records that make them less believable, or there are circumstances that make their claims less than credible.
It is always wise to examine closely the witness statements and the background of the complaining witness. Often times the statements of the witnesses show that there are problems with the believability of the witness.
There may be a defense built around the lack of credibility of the complaining witness since the background of the witness may show previous false claims, a claim based on a lawsuit to collect money, or some other reason that the witness should not be believed.
Another defense to a sex offense charge is consent. A person’s willingness to participate in sexual activity can be a complete defense.
Sometimes the alleged victim has made similar claims against others which proved to be untrue. This factor can be used to discredit the witness and throw the case out of court.
Another example of a defense is lack of evidence or sufficient proof. Some cases rely on testimony of undercover police officers or secret tape recordings which might show that the accusations are not provable in court. Some cases rely on medical examinations of the alleged victim which medical records are inconclusive.
Tape recordings and video evidence can also be used to prove the defense of entrapment, meaning that the accused did not initially have the criminal intent to commit a crime.
OTHER WAYS THE DEFENSE LAWYER HELPS HIS CLIENT
Statistics show that almost 95% of criminal cases in court are resolved by way of a plea bargain.
A plea bargain is an agreement between the prosecution, judge, defense lawyer and client to eliminate or reduce the charges, avoid or minimize the amount of time in prison and jail, or alternatives to custody, reduce the fines, and may allow for a modification to be built into the deal for even a better result upon successful completion of probation.
Court Process. Once the attorney has the best information about the case, which includes the full background of his client, witness statements, the evidence seized by the police and other important factors, he goes to court to negotiate a plea bargain with the prosecution and the judge.
Defense Strengths. Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, the medical records, DNA, 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, the criminal defense attorney 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, 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 for his client.
If the plea bargain offer is accepted by the client and his defense attorney, the case then goes to the next court date for sentencing.
If the plea bargain is not accepted, then the client and the defense attorney continue to aggressively defend the case as it heads towards a trial.
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Jury Trial. In some cases, depending upon the circumstances, the evidence, and the client’s desires, the case may proceed to jury trial where defense lawyer Pflaum has extensive experience.
The defenses at trial depend upon the circumstances, the evidence, who the witnesses are, physical evidence, the background of the client and the alleged victim, and police officer testimony. The credibility of the complaining witness and admissions by the accused are usually the most important aspects of a trial for a sex crime.
Defenses at trial depend upon the nature of the criminal accusation and the evidence but, in addition to the defenses noted above, commonly include the following.
- Lack of witness corroboration
- Insufficiency of the evidence
- Lack of medical records corroboration
- Motive to lie
- Bias of the witness
- Improper police investigation
- Violation of constitutional rights
FOR IMMEDIATE HELP CALL (760) 806-4333
COMMON SEX OFFENSE CHARGES
Sexual Battery, Penal Code section 243.4
Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.
Rape, Penal Code section 261
Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another, or where a person is incapable of giving legal consent because of a mental disorder, developmental or physical disability, or is in state of unconsciousness.
Statutory Rape, Penal Code section 261.5
Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is a person who is at least 18 years of age.
Lewd Act on Child, Penal Code section 288
Any person who willfully and lewdly commits any lewd or lascivious act, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
Contact or Communication with a Minor for Purposes of Engaging in Lewd and Lascivious Behavior, Penal Code section 288.3
Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit a sex offense involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense. Contact or communication with the minor can be personally, by mail, phone, computer, or any other means of communication.
Arrangement of Meeting with Minor for Purpose of Engaging in Lewd and Lascivious Behavior, Penal Code section 288.4
Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.
Solicitation of Prostitution or Engaging in 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. There are usually witnesses, tape recordings, and legal issues involved in these types of cases that a skilled attorney may use to benefit his client.
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