David Pflaum is the top criminal lawyer for elder abuse with more than 25 years of experience that he relies on to protect the rights of his clients and get the best possible results for them in court.
Under California Penal Code section 368, elder abuse is the neglect, exploitation, abandonment, physical violence, psychological abuse, isolation, abduction, false imprisonment, or financial abuse of anyone who is 65 or older.
HOW THE CRIMINAL LAWYER GETS HIS CLIENT OUT OF JAIL
If the accused is in jail, there are several ways attorney Pflaum helps him or her get released as soon as possible.
Post Bail: 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. It is wise to consult with Mr. Pflaum to get the best advice for your situation.
Request Release from the Judge: 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,” or by requesting that the judge reduce the amount of bail.
The advantage is that there is no cost to pay for a bond, or the cost for the bond may be reduced. The disadvantage is that the accused must wait in jail until the arraignment to get out of jail.
HOW THE CRIMINAL LAWYER HELPS HIS CLIENT BEFORE COURT
Contact the Prosecutor’s Office: Depending upon the circumstances and additional facts about the case, the defense lawyer gets vital information about the case.
The lawyer 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 DEFENSE LAWYER HELPS HIS CLIENT IN COURT
If the prosecutor’s office decides to file criminal charges against the accused, the defense attorney is prepared to go to court with the client and defend his or her rights successfully.
Plea Bargains: The first part of a criminal case involves plea bargaining in which the defense, the client, the prosecution, and the judge try to resolve the case by way of a formal agreement.
A good plea bargain should eliminate or reduce the original charges and avoid further time in custody. In certain circumstances,the plea bargain should also protect the client from bad consequences with his or her employment.
To get an excellent plea bargain, the defense attorney must first get to know his client well, including the client’s account of the incident giving rise to the accusation, his background, present status, and standing in the community.
The defense attorney analyzes the police reports, admissions by the client, alleged victim’s statements, medical reports, evidence, text messages, recordings, videos, emails, and police officer testimony and any other evidence in the case to determine the strengths of the client’s case and the weaknesses of the prosecution’s case.
The defense attorney then makes a presentation to the prosecution and the judge to get a favorable plea bargain for the client.
If the plea bargain offer is acceptable to the client and the attorney, the case is resolved. If not the case continues to additional court dates and heads towards a trial.
Jury Trial: In some cases, depending upon the circumstances, the evidence, and the client’s desires, the case may proceed to jury trial where defense lawyer Pflaum has extensive experience.
The defenses at trial depend upon the circumstances, the evidence, who the witnesses are, physical evidence, text messages, recordings, videos, emails, the background of the client and the alleged victim, the ages of the client and the alleged victim, and police officer testimony.
Every case is different. Each client is unique.
Typical defenses at trial may include the following.
- Insufficiency of the evidence
- Lack of corroboration
- Motive to lie
- Bias of the witness
- False accusation
- Mistaken identity
- No proof of abuse
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