A well known criminal lawyer for domestic violence in La Costa with over 25 years of experience, David Pflaum protects the rights of a person arrested for an accusation of domestic violence and gets the best possible results for him or her.
Just because a person was arrested for an accusation of domestic violence, also commonly called “spousal abuse,” does not mean that he or she is guilty. The accused has rights and remedies.
An experienced criminal defense lawyer like Mr. Pflaum makes a difference in the outcome of a prosecution for domestic violence.
HOW THE DOMESTIC VIOLENCE LAWYER GETS THE CLIENT OUT OF JAIL
The most common accusations of domestic violence are the following.
- Assault (Penal Code 240)
- Battery (Penal Code 243e)
- Assault with force (Penal Code 245)
- Inflicting corporal injury (Penal Code 273.5)
- Threats (Penal Code 422)
- Damaging or obstructing a telephone (Penal Code section 591)
Get Out Of Jail: When the police investigate an accusation of domestic violence, the police will arrest and take to jail the person who they believe was the primary aggressor and bail will be set according to the booking charges and the San Diego County Bail Schedule.
If 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.
It is wise to consult with Mr. Pflaum to get the best advice for your situation.
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, also called a release on the client’s “own recognizance.” Alternatively the court may reduce the amount of bail, making it easier (and cheaper) for the accused to get out of jail.
The advantage is that there is no cost for an “O.R.” release; the disadvantage is that the accused must wait in jail until the arraignment or first day in court request that judge to let the accused out of jail.
Click here for more information: get out of jail.
HOW THE LAWYER HELPS HIS CLIENT BEFORE COURT
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 as soon as possible.
This information may include statements from the alleged victim, witnesses, and photographs of the scene or of the people involved.
If the alleged victim wants to drop the criminal charges, or not request a restraining order, this information can be very helpful.
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 LAWYER HELPS THE CLIENT IN COURT
Plea Bargains: The first part of a criminal case involves plea bargaining in which the defense, the client, the prosecution and the judge try to resolve the case by way of a plea bargain.
Both misdemeanor and felony cases are commonly resolved 95% of the time during the court process by way of a plea bargain.
A good plea bargain should eliminate or reduce the original charges, avoid further time in custody, and ideally avoid mandatory counseling for 52 weeks. In certain circumstances, the plea bargain should also protect the client from bad consequences with his or her employment.
To get an excellent plea bargain, the defense attorney must first get to know his client well, including the client’s account of the incident, background, present status, and standing in the community.
Mr. Pflaum analyzes the police reports, 911 calls, photographs, diagrams, witness statements, alleged victim’s statements, phone records, medical reports to determine the strengths of the client’s case and the weaknesses of the prosecution’s case.
The defense lawyer makes an effective presentation to the prosecutor and judge to get a favorable plea bargain for the client.
If the plea bargain offer is acceptable to the client and the attorney, the case is resolved. If not the case continues to additional court dates and heads towards a trial.
Click here for more on plea bargaining: plea bargains.
Jury Trial: In some cases, depending upon the circumstances, the evidence, and the client’s desires, may proceed to jury trial where lawyer Pflaum has extensive experience.
The defenses at trial 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.
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 generally be booked into jail for a felony. Bail will 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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