The right criminal attorney in San Marcos with 3o years of legal expertise, David Pflaum aggressively protects the rights of his clients and gets the best possible results for them in court.
Just because a person was cited or arrested for a criminal accusation 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 a criminal prosecution.
Investigation. If you are under investigation by law enforcement or child protective services, call criminal attorney Pflaum for legal guidance.
Mr. Pflaum advises clients how best to invoke constitutional rights.
More importantly he speaks to investigators on behalf of the accused so that the accused does not say or do anything that can be incriminating with the goal of avoiding an arrest and criminal prosecution in court.
Get Out of Jail. 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.
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Contact the Prosecutor’s Office. Depending upon the circumstances, such as assistance from the alleged victim, interviews with witnesses, and additional facts about the arrest, the defense lawyer gets vital information about the case as soon as possible.
Mr. Pflaum then 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 against the arrested person, or to reduce the charges.
HOW THE EXPERIENCED CRIMINAL ATTORNEY IN SAN MARCOS DEFENDS HIS CLIENT
The successful criminal attorney in San Marcos has decades of experience with litigation prior to trial.
The first important part of a defense is for the lawyer to meet with the client and find out from him or her the facts of the detention and arrest.
It is also vital to learn from the client his or her background, present status, current employment, mental and physical health condition, and prior record if any.
Defenses. The best defense depends upon the circumstances of the detention and arrest, the evidence, who the witnesses are, physical evidence, photographs, 911 calls, medical records, the background of the client and the alleged victim, and police officer testimony.
The most common defenses include the following.
- no criminal intent
- insufficiency of the evidence
- no identification of the defendant
- lack of motive
- no proof of actual loss
- no corroboration
- inconsistent testimony
- unbelievable testimony
- violation of the right to remain silent
- incomplete police investigation
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- Lack of Evidence
- Strengths and Weaknesses
- Inconclusive Witness Identification
- Self Defense
- Defense of Another
- No Criminal Intent
- Mistake of Fact
- Violation of Rights
- Plea Bargaining
- Jury Trial
Plea Bargains. Both misdemeanor and felony cases are typically resolved 95% of the time during the court process by way of a plea bargain.
A plea bargain is an agreement between the prosecutor, judge, defense attorney and his client to eliminate or reduce the charges, avoid time in prison or jail, and reduce the fines.
A client is under no obligation to accept a plea bargain offer, but plea bargaining is the first stage of every prosecution.
Defense Strengths. Good plea bargains come about because attorney Pflaum 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. Mr. 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 offer is not accepted, then the client and the defense attorney continue to aggressively defend the case as it 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.
The best defense at trial depends upon the type of charge, the evidence, the witnesses, whether the client will testify, the forensic evidence, and many other factors.
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THE CRIMINAL ATTORNEY IN SAN MARCOS FOR JUSTICE
Criminal attorney Pflaum truly cares about the needs of his clients. He has decades of experience making a positive difference for them in the defense of their cases.
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(760) 806-4333
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