EXPERIENCED EFFECTIVE CRIMINAL DEFENSE ATTORNEY FOR RAPE CHARGES
David Pflaum is the criminal defense attorney for rape with more than 25 years of experience who protects the rights of his clients and gets the best possible results for them in court.
According to Penal Code section 261, rape is defined as having sexual relations with another against the will of the other person.
Accusations of rape are often easy to make, but not easy to prove. Just because someone claims to be a victim does not make it so.
You have legal rights. Stand up for your rights. Contact the right defender.
HOW THE DEFENSE 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 advises you properly of your constitutional rights and how best to invoke your rights. The defense lawyer speaks to investigators on your behalf to protect your interest and to prevent an arrest and prosecution in court.
HOW THE DEFENSE LAWYER HELPS IF THE CLIENT IS IN JAIL
Get Released: If you or someone you know has been arrested and put in jail for an accusation of rape, the lawyer can help get the person released from jail.
The procedures to get a person released from custody depend on many factors.
Click on the word “released” in blue above to learn more.
HOW THE DEFENSE LAWYER HELPS BEFORE CRIMINAL CHARGES ARE FILED IN COURT
Get Information to the Prosecutor: In some cases the lawyer prepares helpful information that is favorable to the client to be delivered immediately to the prosecution’s office with the goal of persuading the prosecution not to file charges.
STRATEGIES FOR THE SUCCESSFUL DEFENSE OF A RAPE ACCUSATION
Many people who claim to be victims of a sex crime have reasons not to tell the truth, have prior criminal records that make them less believable, 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.
Another defense to a sex offense charge may be consent. A person’s willingness to participate in sexual activity can be a complete defense.
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.
PLEA BARGAINING TO RESOLVE AN ACCUSATION OF RAPE
Criminal Charges: The plea bargain is a vital part of the process in the criminal justice system that involves an agreement between the criminal defense lawyer, his client, the prosecutor, and the judge to dismiss or reduce the original criminal charges.
Punishment: The plea bargain usually includes an agreement about the terms of the punishment such as serving no time in 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.
An experienced criminal defense attorney knows what the best plea bargain should be and how to get it done right for his client.
HOW THE DEFENSE LAWYER GETS THE BEST POSSIBLE PLEA BARGAIN
Defense Strengths: Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, the medical records, DNA, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case 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.
WHERE DOES THE PLEA BARGAIN PROCESS HAPPEN
The plea bargain process may happen during an appearance in court where the prosecutor and the defense attorney meet to discuss the case.
The meeting may take place at the first court date, the next court date, prior to trial, sometimes even during trial.
The plea bargain conference may take place in the judge’s private office.
The plea bargain process may happen by telephone or email between court dates.
JURY TRIAL FOR AN ACCUSATION OF RAPE
For cases that cannot, or should not, be resolved by way of a plea bargain, the jury trial is a proven method of successfully defending against a charge of rape.
The best defense for an accusation of rape depends upon the facts of the case. Every case is different. Each client is unique.
The most common defenses to a charge of rape are stated above in the “Strategies” section and also include the following.
- Lack of DNA
- Motive of the victim to lie
- Financial interest in the outcome of the case
- Insufficiency of the evidence
- No corroboration
- No proof beyond a reasonable doubt
Call us today for immediate help you with your case
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