A well known criminal defense lawyer for fraud with over 25 years of experience, David Pflaum knows the legal strategies to get the best results possible for his clients.
Just because a person was cited or arrested for fraud does not mean that he or she is guilty. The accused has rights and remedies.
An experienced criminal defense lawyer like attorney Pflaum makes a difference in the outcome of a fraud prosecution.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT BEFORE COURT
Generally all charges related to fraud involve an accusation that a person used false information to gain an unlawful financial advantage.
Fraud is almost always charged as a felony for which the accused will be taken to jail and booked with bail set according to the San Diego County Bail Schedule.
Get Out Of Jail. 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 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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HOW THE DEFENSE LAWYER HELPS HIS CLIENT IN COURT
Initial Consultation. The defense lawyer meets with the client and talks about the case during an initial consultation to find out why the client believes he or she is being charged with fraud.
Every case is different. Each client is unique.
An experienced criminal defense attorney also learns everything he can about the case from the client, the client’s background, present status, employment, military history, ties to the community in order to successfully represent the client in court.
Most criminal cases in court are resolved by way of a plea bargain.
A plea bargain is an agreement between the client, the defense attorney, the prosecutor and the judge to eliminate or reduce the charges, avoid time in prison or jail, avoid public work service, and reduce the fines.
Strategies. To get an excellent plea bargain, the criminal defense attorney looks for the strengths of his client’s case, and the weaknesses of the prosecution’s case.
Defense Strengths. Mr. Pflaum accomplishes this by analyzing the case, reviewing the arrest reports, viewing diagrams of the area of detention and arrest, experts reports, witness statements, video and surveillance tapes, phone records, financial records, bank statements, and any other evidence the police rely on.
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 goes to the next court date for sentencing.
If the plea bargain is not accepted, 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 prepare for and go to jury trial.
The best defense at trial will depend on the facts and evidence of the case. The most common defenses are:
- 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
- no proof that defendant committed a fraudulent act
Let us fight for your rights
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