A highly skilled criminal defense lawyer for grand theft with over 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 is accused of grand theft does not mean that he or she is guilty. The accused has rights and remedies.
Attorney Pflaum is the right defender to make a difference in the outcome of a grand theft prosecution.
Note: If you are charged with a grand theft as a misdemeanor, you may never have to appear in court. The attorney does all the work to resolve your case.
HOW THE CRIMINAL DEFENSE LAWYER HELPS BEFORE COURT BEGINS
Grand theft, also known as grand larceny, is the theft of money or property valued at more than $950. (See Penal Code section 487).
Grand theft can be charged by the police or the district attorneys office as a felony or a misdemeanor, therefore it is often referred to as a “wobbler.”
Investigation. If you are under investigation for a crime of grand theft, call attorney Pflaum immediately. He properly advises you about the best way to invoke your constitutional rights and speaks to investigators on your behalf to prevent an arrest or prosecution in court.
Most cases of grand theft begin with an arrest and the accused is put in jail where he or she remains until bail is posted or the judge releases the accused.
Get Out of Jail. 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 depends 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 on the following words to learn more: get out of jail now.
STRATEGIES THE LAWYER USES TO HELP HIS CLIENT IN COURT
The first step in the successful defense of a grand theft accusation is to meet with the client and to get to know about his or her background and present status, and to find out why he or she thinks there is a grand theft accusation filed against them.
The attorney also learns everything he can about the facts of the case from the police reports, victim’s statement if any, loss prevention reports, witness accounts, video recordings, surveillance tapes, and other evidence that might be involved in the case.
After the lawyer has all the necessary information, the lawyer goes to court for the first time for arraignment where the accused is formally charged, a plea of not guilty is entered, bail may be discussed, and future court dates are set.
The next step in the court process is plea bargaining.
Plea Bargain. A plea bargain is an agreement between the client, the criminal 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.
Defense Strengths. Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, examines all the forensic evidence, interviews witnesses, and develops the strengths of a case.
Prosecution Weaknesses. By the same process, the criminal defense attorney also develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, and evidence that may be missing or inconclusive.
Effective Presentation. The criminal defense attorney then makes a persuasive presentation about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve a plea bargain for his client.
If the plea bargain offer is accepted by the client and his defense attorney, the case then goes to the next court date for sentencing.
If the plea bargain is not accepted, then the client and the defense attorney continue to aggressively defend the case as it heads towards a trial.
Jury Trial. A jury trial may be successful to prove that a client accused of committing grand theft did not intend to commit the crime, did not steal any money or property, and did nothing illegal.
The best type of trial defense will depend upon the background of the client, the facts of the case, the type of evidence, and the testimony of witnesses.
One way to defend an accusation of grand theft is by showing that the person who is accused of committing the crime did not have access to the money or property involved in the alleged grand theft scheme. This may be a complete defense and may help to resolve or dismiss the criminal case.
Accounting issues may also be an issue if the alleged victim cannot show a loss through financial records through an accountant or bookkeeper.
Other defenses at trial depend upon the facts of the alleged grand theft but commonly include the following.
- No criminal intent
- Insufficient evidence
- No corroboration
- No witness identification
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
- No proof of financial loss
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