The skilled defense attorney for criminal threats with more than 25 years of experience, David Pflaum protects his clients rights and gets the best possible results for them if they are accused of making a criminal threat in violation of Penal Code section 422.
Just because a person was arrested for a charge of violation of PC 422 does not mean that he or she is guilty. The accused has rights and remedies.
An experienced defense lawyer like Mr. Pflaum makes a difference in the outcome of a prosecution for terrorist or criminal threats.
HOW THE DEFENSE ATTORNEY HELPS IF THE CLIENT IS IN JAIL
California defines a criminal threat as basically making an oral or written statement that threatens to hurt another person.
The alleged threat most typically arises in the heat of the moment at sporting events, social gatherings, or when people in a romantic relationship are having an argument.
The person allegedly making the threat is upset or under a lot of pressure, but does not mean to follow-up on the threat.
Note that a person does not have to be a “terrorist” to be charged with this crime.
Virtually all people charged with a violation of making a terrorist threat are arrested and placed into custody with bail set according to the San Diego County Bail schedule at $50,000.
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 client out of custody depend on the circumstances of the alleged crime, the position of the alleged victim, the present status of the accused, ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
For more information about getting out of jail as soon as possible, click here: get released from custody.
HOW THE ATTORNEY HELPS HIS CLIENT
Initial Consultation. During the first consultation with the defense attorney, the client and the lawyer review the entire case, including the client’s background and current status, the arrest reports, witness statements, and evidence in order to determine the right strategy to get the best results.
Court Process. Statistics show that almost 95% of criminal cases are resolved by a plea bargain before trial. A plea bargain is an agreement between the client, the defense attorney, the prosecutor and the judge. The goal is to eliminate or reduce the charges, avoid time in jail or provide alternatives to custody, reduce the fines, and provide other favorable terms.
The plea bargain usually includes an agreement about the terms of the punishment such as serving no time in prison or jail, alternatives to serving time in jail, community service, and reduced fines.
Other Terms. There are usually many other terms and conditions that are the subject of a plea bargain that include educational programs, public work service, rehabilitation, community service, sex offender registration, payment of restitution (damages), counseling, and voluntary service.
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, 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. 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 proceeds to 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.
Defenses at Trial. Some cases, depending upon the circumstances, the evidence, and the client’s desires, may go to jury trial where Mr. Pflaum has many years of successful experience.
There are many defenses at trial for a charge of Penal Code 422. The right defense depends upon the facts of the, the state of the evidence, the identity and background of of the witness/es, and whether the accused will testify.
For example a strong defense is that the accused did not have the specific intent to threaten someone, the the present ability to follow-up on the threat, or the proper mental state do to intoxication. Alternatively, a defense is that the person receiving the threat did not believe the threat to be serious.
Other defenses commonly used at trial include the following.
- Insufficient evidence
- No corroboration
- No eye witness identification
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
- Incomplete investigation
- Failure of proof
For more information about jury trials click here: jury trial process.
Call the right defender for further help or information
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