The right criminal lawyer for burglary with over 25 years of legal expertise, David Pflaum defends and protects the rights of his clients and gets the best possible results for them in court.
Just because a person was arrested for burglary does not mean that he or she is guilty. An experienced criminal defense attorney like Mr. Pflaum makes a difference in the outcome of a burglary crime prosecution.
HOW THE CRIMINAL LAWYER FOR BURGLARY REPRESENTS HIS CLIENT BEFORE COURT
The right criminal lawyer for burglary defense must have a comprehensive knowledge of the courts and criminal justice system in order to effectively represent his client.
Burglary is an accusation that a person entered a building with the intent to commit a theft or a felony, according to Penal Code 459. Most everyone suspected of committing a burglary is arrested and placed into jail with bail set according to the booking charges.
Get Released. 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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HOW THE CRIMINAL LAWYER FOR BURGLARY EFFECTIVELY REPRESENTS HIS CLIENT IN COURT
The right criminal lawyer for burglary must immediately meet with his client and begin to investigate the case in order to successfully defend his client.
Initial Consultation. During the first consultation with the criminal lawyer, the client and the lawyer review the entire case, including the client’s background and current status, the arrest reports, witness statements, and alleged evidence in order to determine the right strategy to get the best results.
Plea Bargain. Statistics show that 95% of criminal cases are resolved in court by way of a plea bargain.
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 and to avoid time in prison or jail.
Defense Strengths. Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, fingerprints, videos, photographs of the scene, tape recordings, surveillance videos, and witness statements to develop the strengths of a case.
Prosecution Weaknesses. By the same process the criminal lawyer Pflaum 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 no 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.
Jury Trial. A jury trial may be successful to prove that a client accused of committing a burglary is not guilty.
The best type of trial defense depends upon many different factors including the nature of the criminal charge, the existence or non-existence of evidence, the quality 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.
Typical defenses at trial may include the following assertions.
- The accused did not intend to steal anything
- Consent to enter the property
- Improper eye witness identification
- No motive to commit the crime
- 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 burglary
- 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
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THE CRIMINAL LAWYER FOR BURGLARY DEDICATED TO JUSTICE FOR CLIENTS
TYPES OF BURGLARY CHARGES
Burglary comes in two varieties, first and second degree.
First degree felony burglary is committed when entering a residence to commit a theft or felony. This is also known as residential burglary.
Second degree burglary is basically everything else when a person enters a commercial establishment to commit a theft or felony. This type of charge may be a felony or a misdemeanor.
The difference between a felony and a misdemeanor is the maximum punishment for first degree burglary is 6 years in prison, and for a misdemeanor 364 days in local custody.
The terms of probation, if probation is granted by the court, whether formal or informal, will depend upon whether the case is resolved as a felony or a misdemeanor.
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