The well known criminal defense attorney for rape with more than 25 years of experience, David Pflaum protects the rights of his clients and gets the best possible results for them in court.
Just because a person was investigated or arrested for a rape accusation does not mean that he or she is guilty. The accused has rights and remedies.
An experienced defense attorney like Mr. Pflaum makes a difference in the outcome of a rape prosecution.
HOW THE DEFENSE LAWYER FOR RAPE REPRESENTS HIS CLIENTS BEFORE COURT
The successful defense lawyer for rape should have extensive knowledge regarding the laws and statutes that apply to the prosecution and defense of rape charges.
Get Out Of Jail. 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 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.
Click here for more information: get out of jail asap.
Get Information to the Prosecutor. In some cases attorney Pflaum gathers 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 rape 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, intoxication or being under the influence of drugs, or some other reason that the witness should not be believed.
Another defense to a sex offense charge is 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.
Additional defenses are discussed below in the “Jury Trial” section of this page.
PLEA BARGAINING TO RESOLVE AN ACCUSATION OF RAPE
The first important part of a defense is for the lawyer to meet with the client and find out from him or her the facts of the detention and arrest.
It is also vital to learn from the client his or her background, present status, current employment, mental and physical health condition, standing in the community, and prior record if any.
The successful domestic violence lawyer like Mr. Pflaum should have extensive experience with litigating cases prior to trial during plea bargaining negotiations.
Statistics show that 95% of criminal cases are resolved in court by way of a plea bargain.
A client is under no obligation to accept a plea bargain offer, but plea bargaining is the first stage of every prosecution.
Plea Bargain. A plea bargain is an agreement between the judge, prosecutor, the defense attorney and his client regarding the charges and the punishment.
An excellent plea bargain should when possible include dismissal or reduction of the original charges, no time in prison or jail or alternatives to custody.
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, videos, photographs, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case to develop the strengths of a case.
Strategies. Typical defenses the attorney may rely on in order to secure a favorable plea bargain 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
- Improper police investigation
- Violation of the right to remain silent
- Inconclusive medical records of the alleged victim
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 offer for his client.
Jury Trial. 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 type of defense to be used at trial depends upon the type of witnesses, whether they are police officers or civilians, whether there are photographs, videos, 911 calls, medical records, forensic evidence, expert testimony, motive, bias, and the ability of witnesses to testify credibly.
THE DEFENSE ATTORNEY FOR RAPE DEDICATED TO CLIENTS RIGHTS
Call us today for immediate help you with your case
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