The right defense lawyer for spousal abuse in Vista, David Pflaum has more than 25 years of legal expertise that he relies on to vigorously assert the rights of his clients and get the best possible results for them.
Just because someone was arrested for spousal abuse, commonly referred to also as domestic violence, does not mean that he or she is guilty. The accused has many rights and remedies.
A skilled defense lawyer like Mr. Pflaum makes a positive difference in the outcome of a prosecution for spousal abuse.
DEFENSE LAWYER FOR SPOUSAL ABUSE IN VISTA LEGAL SERVICES
The successful defense lawyer for spousal abuse must have a firm grasp of the laws and statutes that specifically apply to domestic violence charges in order to effectively and properly defend his client.
The most common accusations related to spousal abuse are the following.
- Assault (Penal Code sections 240)
- Battery (Penal Code sections 242)
- Offensive touching (Penal Code section 243(e)
- Assault with force (Penal Code sections 245)
- Inflicting corporal injury (Penal Code section 273.5)
- Terrorist or criminal threats (Penal Code section 422)
- Damaging or obstructing a telephone (Penal Code section 591)
Get Out Of Jail. When the police are called to investigate an accusation of spousal abuse, the police will arrest and take to jail the person who they believe was the primary aggressor.
When a client is in jail, there are several ways attorney Pflaum gets him or her out of jail before the first court date, or during the first court date at the arraignment.
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.
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Contact The Prosecutor’s Office. Depending upon the circumstances, such as assistance from the alleged victim, interviews with witnesses, and additional facts about the arrest, the defense lawyer gets vital information about the case.
Mr. Pflaum then delivers the most important information to the prosecutor’s office as soon as possible with the goal of persuading the prosecutor’s office not to file any criminal charges against the arrested person, or to reduce the charges.
HOW THE DEFENSE LAWYER FOR SPOUSAL ABUSE IN VISTA AGGRESSIVELY DEFENDS HIS CLIENT IN COURT
The first important part of a defense is to meet with the client and find out from him or her all of the facts and circumstances 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, and prior record if any.
All misdemeanor and felony domestic violence cases begin with the process of plea bargaining, though a client is under no obligation to accept a plea bargain offer.
Plea Bargaining. The plea bargain is an agreement between the criminal defense lawyer, his client, the prosecutor, and the judge to dismiss or reduce the original criminal charges.
A client is under no obligation to accept a plea bargain offer, but it is the first stage of every criminal prosecution.
Punishment. The plea bargain usually includes an agreement about the terms of the punishment such as no prison time, reduced prison or jail time, alternatives to serving time in jail, community service, and reduced fines.
Other Terms. There are usually many other terms and conditions that may be 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.
To get a favorable plea bargain, attorney Pflaum knows his client well, develops the strengths of his client’s case, and the weaknesses of the prosecution’s case.
He analyzes the police reports, 911 calls, photographs, diagrams, witness statements, victim’s statements, phone records, medical reports, and knows how to successfully persuade the prosecutor and judge to offer an excellent plea bargain for the client.
Strategies. The best defenses to assert during the plea bargain state 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.
Common defense strategies are as follows.
- Self defense
- Defense of another
- Insufficiency of the evidence
- Lack of corroboration
- Ulterior motive to lie
- Lack of specific criminal intent
- Failure to advise the client of his/her rights
- Lack of credibility of the complaining witness/victim
- Violation of the right to remain silent
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 offer is not acceptable to the client and the attorney, the case continues to additional court dates and heads towards a trial.
Jury Trial. Some cases, depending upon the circumstances, the evidence, and the client’s desires, may proceed to trial where lawyer Pflaum has extensive experience and success.
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THE CRIMINAL DEFENSE LAWYER DEDICATED TO CLIENTS RIGHTS
Criminal attorney Pflaum understands his clients needs and aggressively defends their rights to get the best possible results.
For legal representation that makes a positive difference
WHAT IS SPOUSAL ABUSE
The term “domestic violence” applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, gay and lesbian partners, or people who live together in a romantic relationship.
These types of cases often start with a call to “911” from either a person involved in a dispute or from a neighbor or witness, and always end up in an arrest of the person considered by the police to be the “primary aggressor.”
The person arrested will most likely be booked into jail for a felony. Bail will be set at an amount between $10,000 and $50,000 based upon the San Diego County Bail Schedule.
The police will forward the arrest report to the prosecutors office to determine whether to press charges in court.
Depending upon the time and day of the arrest, the person who was arrested must generally be brought to court within two business days to begin defending the case in court.
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