A skilled criminal defense lawyer for domestic violence charges in Encinitas with over 25 years of experience, David Pflaum helps clients and their loved ones who find themselves involved in an arrest or prosecution for domestic violence.
Just because someone was arrested for domestic violence, also called “spousal abuse,” does not mean he or she is guilty. The accused has rights and remedies.
A dedicated defense attorney makes a difference in the outcome of a domestic violence case.
HOW THE ATTORNEY HELPS HIS CLIENT BEFORE COURT
The most common accusations related to domestic violence are the following.
- Assault (Penal Code section 240)
- Battery (Penal Code section 242)
- Offensive touching (Penal Code section 243e)
- Assault with force/bodily injury (Penal Code section 245)
- Corporal injury on a spouse (Penal Code section 273.5)
- Terrorist or criminal threats (Penal Code section 422)
- Damaging a telephone (Penal Code section 591)
When the police are called to investigate an accusation of domestic violence, the police will arrest the person who they believe to be the primary aggressor and take him or her to jail.
Get Out of Jail: When the accused is in jail, there are several ways attorney Pflaum helps him or her get released before the first court date or during the first court date at the arraignment.
Post Bail: The release of the client can be accomplished by posting bail right away.
The advantage is that the accused is released the same day; the disadvantage is the bail bond may cost a lot of money that is not refundable.
Request Release from the Judge: The release of the client can also be accomplished at the first court date by requesting from the court a release from custody without posting bail or with reduced bail.
The advantage is that there is no cost to pay for a bond or a reduced cost; the disadvantage is that the accused must wait in jail until the arraignment.
Click here for more information: get out of jail as soon as possible.
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.
The lawyer 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 ATTORNEY HELPS HIS CLIENT IN COURT
If the prosecutor’s office decides to file criminal charges against the arrested person, Mr. Pflaum is prepared to go to court with the client, defend his or her rights, avoid a restraining order, and resolve the case as quickly and successfully as possible during plea bargain negotiations.
Plea Bargains: A favorable plea bargain should eliminate or reduce the original charges, avoid further time in custody, and protect the client from adverse employment consequences.
To secure a favorable plea bargain, the defense attorney 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 make a strong plea bargain offer to the client.
Once Mr. Pflaum knows his client well, the strengths of his client’s case, and the weaknesses of the prosecution’s case, he makes a presentation to the prosecutor and judge.
If the plea bargain offer is acceptable to the client and the attorney, the case is resolved. If not the case proceeds to further hearings in court and heads towards a trial.
Click here for much more information: plea bargains.
Jury Trial: Some cases of domestic violence, depending upon the circumstances, the evidence, and the client’s desires, may proceed to jury trial where lawyer Pflaum has extensive experience.
The best defense at trial depends upon the circumstances, the evidence, who the witnesses are, physical evidence, the background of the client and the alleged victim, and police officer testimony.
Every case is different. Each client is unique.
Typical defenses at trial may include the following:
- Self defense
- Lack of corroboration
- Insufficiency of the evidence
- Motive to lie
- Bias of the witness
- Improper police investigation
- Violation of constitutional rights
WHAT IS DOMESTIC VIOLENCE
The term “domestic violence” applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, legal partners, gay or lesbian couples, and people who live together in a romantic relationship.
These types of cases almost always start with a call to “911” from either a person involved in a dispute or from a neighbor or a witness.
More than one police officer will be dispatched to the scene to investigate the case. The police will interview everyone at the scene and photograph any alleged injuries. The police will then arrest the person believed to be the “primary aggressor” and take him or her to jail.
The person arrested will be booked into jail for a felony. Bail will generally be set at an amount between $10,000 and $50,000 according to the San Diego County Bail Schedule.
The police will then forward the arrest report to the prosecutor’s office which will determine whether to press charges in court.
Depending upon the time and day of the arrest, the person who was arrested if he/she is in custody will generally be brought to court within two business days to begin the process of fighting the charges.
Contact us today for a valuable legal consultation
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