A highly known and dedicated criminal attorney for embezzlement charges in San Diego with more than 25 years of experience, David Pflaum protects the rights of his clients and gets the best possible results for them.
Just because a person may be accused of embezzlement does not mean that he or she is guilty. The accused has rights and remedies.
An experienced criminal attorney like Mr. Pflaum makes a difference in the outcome of an embezzlement prosecution.
HOW THE CRIMINAL ATTORNEY HELPS HIS CLIENT BEFORE COURT
Penal Code section 503 states that embezzlement is an accusation that a person in a position of trust took money that did not belong to him or her. This accusation most commonly arises from an employer/employee relationship, or in the context of nonprofit organizations, where it is alleged that an employee or book keeper took money wrongfully.
Investigation: If a person is under investigation and an employer, police officer or investigator wants to speak with him or her under suspicion of committing embezzlement, the best thing to do is consult a criminal defense lawyer right away.
Attorney Pflaum advises the client how best to defend his or her rights, including speaking on the client’s behalf to any employer, police officer, or investigator who is investigating the case.
This is a highly effective way to avoid prosecution and not state or do anything that may be damaging or self-incriminating.
Get Out of Jail: Virtually all people accused of embezzlement are arrested and placed into custody with bail set according to the San Diego County bail schedule.
If the accused is in jail there are several ways attorney Pflaum helps him or her get released before the first court date, or during the first court date at the arraignment.
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.
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.” The defense lawyer may also successfully request a reduction in the amount of bail.
The advantage is that there is no cost to pay for a bond, or the cost may be reduced; the disadvantage is that the accused must wait in jail until the arraignment to get out of jail.
Click on the following to learn more: get out of jail.
The first step in the successful defense of an embezzlement accusation is to meet with the client and to get to know about his or her background and present status, and to find out why he or she thinks there is an embezzlement accusation against them.
Each case is different. Each client is unique.
Mr. Pflaum learns everything he can about the facts of the case from the police reports, alleged victim’s statements, accounting and book keeping records, loss prevention reports, witness accounts, video recordings, surveillance tapes, and other evidence that might be involved in the case.
The Court Process: After Mr. Pflaum has all the necessary information regarding the investigation, he appears in court for the first time for arraignment where the accused is formally charged, a plea of not guilty is entered, bail may be discussed, and future court dates are set.
Plea Bargains: Most criminal cases in court are resolved by way of a plea bargain. Statistics show that nearly 95% of criminal cases are settles by way of a plea bargain.
A plea bargain is an agreement between the prosecution, judge, defense lawyer and his client to eliminate or reduce the charges, avoid or minimize the amount of time in prison or jail, 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.
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 accounting records, videos, photographs, tape recordings, witness interviews, and everything else associated with the case to develop the strengths of the client’s case.
Prosecution Weaknesses: By the same process attorney Pflaum examines the case to look for and develop 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, poor or missing accounting and book keeping records, and problems in the forensic evidence.
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 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.
Click here for more information: plea bargains.
Jury Trial: Trial by jury is the last step in a criminal case depending upon the state of the evidence and the client’s preference. A jury trial may be necessary based upon the client’s request and to prove the client is not guilty.
The best type of embezzlement trial defense will depend upon the background of the client, the facts of the case, whether the client is expected to testify, the type of evidence, accounting records, the police investigation, and the testimony of witnesses.
One effective way to defend an accusation of embezzlement is by showing that the person who is accused of committing the crime did not have access to the money or property involved in the alleged embezzlement.
The lack of proper record keeping and accounting discrepancies may also be a good defense, particularly if the alleged victim cannot show a loss through financial records or through the reliable testimony of an accountant or bookkeeper.
Other typical defenses at trial include the following.
- No criminal intent
- Insufficient evidence
- No corroboration
- No witness identification
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
- Incomplete investigation
- A third party or other person committed the crime
- No proof of financial loss
Call the right defender for help immediately
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