The right theft crime defense attorney with over 25 years of legal expertise, David Pflaum protects the rights of his clients and gets the best possible results for them.
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.
One of attorney Pflaum’s most important goals in a theft defense is to keep a client’s record free of a theft-related conviction.
An experienced criminal defense attorney like Mr. Pflaum makes a positive difference in the outcome of a theft crime defense.
The successful criminal attorney must have a firm grasp of the laws and procedures that apply to the proper representation of a client charged with a theft crime.
Theft crime accusations range from misdemeanors to felonies.
- Petty theft
- Grand theft
- Identify theft
Appear In Court. Many people charged with a theft offense are not put in jail or custody. They receive a Notice to Appear, a citation, or a letter from the San Diego County District Attorneys office ordering them to come to court on a specific date and time.
Get Out Of Jail. Some people accused of theft are arrested and taken to jail where bail will be set according to the booking charges and the San Diego County Bail Schedule.
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 depend 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.
For more information click here: get out of jail asap.
WINNING STRATEGIES OF THE THEFT CRIME DEFENSE ATTORNEY
The successful criminal defense attorney for theft offense must have extensive experience with litigating cases prior to trial.
The preparation for defense of a theft accusation begins as follows.
- Talking to the client during the initial consultation and learning everything about the client’s current status and background
- Learning from the client what may have happened to cause a theft accusation to arise
- Examining the evidence
- Determining whether there were witnesses
- Understanding what the accused might have said to store security agents or the police during the investigation
- Viewing video surveillance of the incident
The attorney then determines the best way to settle the case during plea negotiations with the prosecutor and judge. Statistics show that 95% of criminal cases are resolved in court by way of a plea bargain.
A client is under no obligation to accept the plea bargain offer, but plea bargaining is the first stage of every prosecution.
Plea Bargaining. 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 strategy depends upon many different factors including the type of theft accusation, the existence (or non-existence) of evidence, the type of the evidence, the client’s background, the police investigation, the testimony of witnesses, forensic experts, physical evidence, and other issues that may arise through the course of the trial.
Defenses. Typical defenses the attorney may rely on in order to secure a favorable plea bargain offer include the following.
- The accused did not intend to steal anything
- Improper eye witness identification
- No motive to steal
- No proof beyond a reasonable doubt
- The evidence is inconclusive
- Mistake of fact
- The accused had no criminal intent
- The witnesses are not believable
- The witnesses have a motive to lie
- The video surveillance shows no theft
- The loss prevention officer is not credible
- Failure of the police to advise of rights
- The accused had the money to pay for the item
Defense Strengths. Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, videos, photographs of the scene, tape recordings, surveillance videos, witness statements, and all the additional evidence associated with the case to develop the strengths of a case.
Prosecution Weaknesses. By the same process the criminal defense attorney looks for and develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, violation of a client’s right to remain silent, discrepancies in the conduct of the loss prevention officers and/or investigating officers, missing or inconclusive evidence, and the lack of video or camera surveillance to corroborate the alleged theft.
Effective Presentation. Attorney Pflaum 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 offer for his client.
If the plea bargain offer is accepted by the client and his defense attorney, the case proceeds to sentencing.
If the plea bargain offer is not acceptable to the client and the attorney, the case continues to additional court dates and heads towards a trial where attorney Pflaum has had many years of success.
Jury Trial. For cases that cannot be, or should not be, settled by way of a plea bargain, the client and the attorney proceed to jury trial.
The best type of defense to be used at trial depends upon the type of witnesses, whether they are police officers or civilians, whether there are photographs, videos, 911 calls, medical records, forensic evidence, expert testimony, motive, bias, and the ability of witnesses to testify credibly.
Click on the tab in blue to learn more: jury trial.
THEFT CRIME DEFENSE ATTORNEY DEDICATED TO CLIENTS RIGHTS
Attorney Pflaum is the right theft crime attorney who understands his clients needs and aggressively defends their rights to get the best possible results.
* * *
COMMON THEFT CRIME 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.
* * *
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest– Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo – Bonita – Point Loma – Valley Center – Julian – Mission Hills – Downtown San Diego – Valley Center – Bonsall
This page is also available in: Spanish