A skilled theft crime defense attorney with over 25 years of successful court experience, David Pflaum defends criminal charges related to theft and gets the best possible results for his clients.
One of the most important goals is to keep a client’s record clean.
Just because a person was cited or arrested for a theft crime does not mean that he or she is guilty. The accused has rights and remedies.
Get the right defender on your side to make a difference in the outcome of a theft crime prosecution.
HOW THE CRIMINAL DEFENSE LAWYER HELPS BEFORE COURT
Theft crime accusations come in many varieties such as the following.
- Petty theft
- Grand theft
- Identify theft
Many people charged with a theft offense are not in jail or custody. They receive a Notice to Appear in court, a citation or a letter from the San Diego County District Attorneys office.
Bring the Notice to Appear, citation or letter to the initial consultation with Mr. Pflaum to discuss the case and figure out the best strategy to get the right results in your case.
Get Out of Jail: If the client is in jail, there are several ways attorney Pflaum helps him or her get out of jail as soon as possible before the first court date, or during the first court date at the arraignment.
For much more information about getting out of jail, click here: be free.
Client Interview: Help begins by talking to the client during the initial consultation and learning everything about the client’s current status and background, about what happened to cause a theft accusation to arise, what the evidence might be, whether there were witnesses, what the accused might have said to to store security agents or the police, video surveillance of the incident, and proof (if any) of financial loss.
Contact the Prosecutor’s Office: Depending upon the type of charge a client might be facing, and the date for the first court appearance, Mr. Pflaum gets vital information about the case, like witness statements, photographs, video recordings, and sometimes even statements from a victim.
The defense lawyer 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.
STRATEGIES THE LAWYER USES TO HELP HIS CLIENT IN COURT
There are many ways to defend an accusation of a theft crime and get the best possible results.
Plea Bargain: A plea bargain is an agreement between the judge, prosecutor and the defense to reduce or dismiss the charges with an agreement on sentencing that should avoid jail time and offer other favorable terms and conditions.
To get a good plea bargain, the attorney gathers important information about the client and the case and makes a presentation of the strengths of the client’s case, and weaknesses of the prosecutions case, to the prosecutor and judge to have the original charges dismissed or reduced.
The plea bargaining process can occur at arraignment, pretrial conferences, or later as the case goes through the court system.
For much more information about the plea bargain process click here: negotiate a great deal.
Victim Cooperation: If the victim of the alleged theft is willing to cooperate with the accused, particularly if restitution is paid, this may be very helpful.
As a result the defense attorney may convince the prosecutor to do an excellent plea bargain that benefits the client by eliminating or reducing the criminal charges.
Civil Compromise: Other times a person charged with misdemeanor theft charges may arrange to enter into a civil compromise with the shop owner to dismiss the charges. This is a complicated procedure that requires an agreement between the victim of the crime and the accused, as well as approval from the prosecution or the judge.
Jury Trial: A jury trial may be successful to prove that a client accused of committing a theft crime is not guilty.
The best type of trial defense depends upon many different factors including the nature of the criminal charge, the existence or non-existence of evidence, the quality of the evidence, the client’s background, the police investigation, the testimony of witnesses, forensic experts, physical evidence, DNA, and other issues that may arise through the course of the trial.
Defenses. Typical defenses at trial may include the following assertions.
- The accused did not intend to steal anything
- Improper eye witness identification
- There is no motive to steal
- There is no forensic accounting to prove a loss
- The evidence is inconclusive
- The accused had no criminal intent
- The witnesses are not believable
- The witness has a motive to lie
- The video surveillance shows no act of concealment
- The loss prevention officer is not credible
- The accused had the money to pay for the item
Call the right defender for trustworthy legal representation
COMMON THEFT ACCUSATIONS
Robbery, Penal Code section 211
Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
An “Estes” robbery is a petty theft that involved some sort of allegation of force, such as resisting the loss prevention officer.
Robbery comes in different degrees, depending upon the circumstances. The punishment can vary from probation to nine years in prison.
This offense qualifies as a strike.
Burglary, Penal Code section 459
Felony and Misdemeanor. 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 petit larceny or any felony is guilty of burglary.
Petty Theft, Penal Code section 459.5, 484, 488, 490.5
Misdemeanor. Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, 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 or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.
Grand Theft, Penal Code section 487
Felony and Misdemeanor. A theft of more than nine hundred and fifty dollars ($950) or theft of a firearm is considered a felony.
Petty Theft, Penal Code section 488
Misdemeanor. A theft of property that is valued at less than nine hundred and fifty dollars ($950).
Petty Theft with Three Priors, Penal Code section 666/488
Felony and Misdemeanor. A petty theft with three prior convictions for petty theft may be charged as a felony.
Embezzlement, Penal Code section 503
Felony. Embezzlement is the taking of money or property by someone to whom the money or property was entrusted, usually an employee of a business of company.
Call the right defender for trustworthy legal representation
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