Highly skilled criminal lawyer for child molestation charges David Pflaum has 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.
Effective criminal defense for a charge of a sex crime requires skilled service because this accusation subjects the accused to a potential prison sentence and to lifelong registration as a sex offender.
Child molestation, according to Penal Code 288, is defined as the unlawful touching of a child under the age of 14 for sexual gratification.
An accusation of child molestation is often easy to make but not necessarily easy to prove. Just because someone claims to be a victim of a sex crime does not make it so.
There are a number of offenses related to child molestation charges under Penal Code section 288.
- Sending harmful matter to seduce a minor (Penal Code sections 288.2)
- Contacting a minor with the intent to commit a felony (Penal Code section 288.3)
- Arranging a meeting with a minor for lewd conduct (Penal Code section 288.4)
- Continuous sexual abuse of a child (Penal Code section 288.5)
- Sex with a child under 10 (Penal Code section 288.7)
- Child pornography (Penal Code section 311)
HOW THE CRIMINAL LAWYER HELPS DURING THE INVESTIGATION STAGE
If you are the subject of an investigation and the police, a detective, or a child protective services workers wants to speak with you, you should seek the guidance of an experienced criminal defense attorney to protect your interests.
During an investigation the defense lawyer properly advises his client of their constitutional rights and how to invoke their rights to protect their legal interests. More importantly Mr. Pflaum speaks to investigators on behalf of his client to prevent an arrest or prosecution in court.
HOW THE CRIMINAL LAWYER HELPS GET HIS CLIENT OUT OF JAIL
Get Released: If you or someone you know has been arrested and put in jail for an accusation of child molestation, the criminal lawyer helps the person get released from jail as soon as possible.
The procedures to get a person released from jail depend on many factors.
Click on the word “released” in blue above to learn more about getting out of jail.
HOW THE CRIMINAL LAWYER HELPS BEFORE COURT
Get Information to the Prosecutor: In some cases the defense lawyer prepares vital information about the client and the case and delivers the information immediately to the prosecution’s office with the goal of persuading them not to file charges in court.
STRATEGIES FOR THE SUCCESSFUL DEFENSE OF A CHILD MOLESTATION ACCUSATION
The best defense strategy for a client charged with child molestation depends upon the nature of the accusation, the alleged evidence, the character and background of the alleged victim, and whether the accused has provided any incriminating statements to investigators.
Many people who claim to be victims of child molestation have reasons not to tell the truth, or there are circumstances that make their claims less than credible.
It is always wise to examine closely the witness statements and the background of the complaining witness. Often times the statements of the witnesses show that there are problems with the believability of the witness.
There may be a defense built around the lack of credibility of the complaining witness since the background of the witness may show previous false claims, a claim based on a lawsuit to collect money, or some other reason that the witness should not be believed.
Sometimes the alleged victim has made similar claims against others which proved to be untrue. This factor can be used to discredit the witness and throw the case out of court.
Another example of a defense could be lack of evidence or sufficient proof. Some cases rely on testimony of undercover police officers or secret tape recordings which might show that the accusations are not provable in court.
Tape recordings and video evidence can also be used to assert the defense of insufficiency of the the evidence, meaning that the the case cannot be proved beyond a reasonable doubt.
OTHER WAYS THE DEFENSE LAWYER HELPS HIS CLIENT
Plea Bargains: The first part of a criminal case involves plea bargaining in which the defense, the prosecution, and the judge try to resolve the case.
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, background, present status, and standing in the community.
The defense attorney analyzes the police reports, 911 calls, photographs, diagrams, witness statements, alleged victim’s statements, phone records, medical reports 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, the background of the client and the alleged victim, and police officer testimony.
Every case is different. Each case is unique.
Typical defenses at trial are stated above in the “Strategies” section, and may also include the following.
- Lack of corroboration
- Motive to lie
- Bias of the witness
- Improper police investigation
- No medical proof of the charges
- Violation of constitutional rights
Contact us today to evaluate your case
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