The right criminal lawyer for domestic violence charges in Encinitas with over 25 years of experience, David Pflaum represents 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 does not mean he or she is guilty. The accused has rights and remedies.
A dedicated defense attorney like Mr. Pflaum makes a difference in the outcome of a domestic violence case.
The successful criminal lawyer for domestic violence charges must have a firm grasp of the applicable laws pertaining to domestic violence arrests and prosecutions.
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)
Get Out Of Jail. 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.
Bail will be set according to the charges and the San Diego County Bail Schedule.
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 gathers vital information about the case.
Attorney 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 CRIMINAL LAWYER FOR DOMESTIC VIOLENCE CHARGES IN ENCINITAS DEFENDS HIS CLIENT IN COURT
The first important part of a defense is for Mr. Pflaum lawyer to meet with the client (and the alleged victim and witnesses if available) and find out from the client 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, and prior record if any.
Plea Bargains. Virtually all misdemeanor and felony domestic violence cases begin with the process of plea bargaining in court, though a client is under no obligation to accept a plea bargain offer.
The plea bargain is an agreement between the criminal lawyer, his client, the prosecutor, and the judge to dismiss or reduce the original criminal charges.
In cases of domestic violence, a good plea bargain, when possible, should avoid 52 weeks of mandatory counseling, dismiss or reduce the original charges, avoid further time in custody, and protect the client from adverse employment consequences.
Strengths. To secure a favorable plea bargain, attorney Pflaum 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.
Strategies. Typical defense strategies that criminal attorney Pflaum relies on to secure a favorable plea bargain offer include the following.
- Self defense
- Defense of another
- Lack of corroboration
- Insufficiency of the evidence
- Inconsistent witness testimony
- Motive to lie
- Bias of the witness
- Improper police investigation
- Violation of constitutional rights
Prosecution Weaknesses. By the same process attorney Pflaum looks for and 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, coerced confessions, violations of rights, missing or inconclusive evidence, the lack of supporting medical records or photographs of alleged injuries, and problems in the forensic evidence.
Effective Presentation. Attorney Pflaum 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.
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.
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.
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THE CRIMINAL LAWYER FOR DOMESTIC VIOLENCE CHARGES IN ENCINITAS DEDICATED TO CLIENTS RIGHTS
Criminal attorney Pflaum truly cares about the needs of his clients. He has decades of experience making a positive difference for them in the defense of a domestic violence accusation.
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MORE ABOUT 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.
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