A skilled defense lawyer for spousal abuse in Vista, David Pflaum has more than 25 years of experience that he relies on to protect the rights of his clients and get the best possible results for them.
Just because someone was arrested for spousal abuse 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 difference in the outcome of a prosecution for spousal abuse.
HOW THE ATTORNEY HELPS 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)
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.
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.
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.
The advantage is that there is no cost to pay for a bond; the disadvantage is that the accused must wait in jail until the arraignment.
For more information click here: release from jail.
HOW THE ATTORNEY HELPS 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.
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 ATTORNEY HELPS DURING 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.
Criminal Charges. 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. In cases of domestic violence, a good plea bargain, when possible, should avoid 52 weeks of mandatory counseling.
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.
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.
TRIAL BY JURY
Some cases, depending upon the circumstances, the evidence, and the client’s desires, may proceed to jury trial where lawyer Pflaum has extensive experience and success.
Trial Defenses: The best 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.
Common trial defenses 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
Click on testimonials to learn more about attorney Pflaum’s ability to help people.
Contact us today for a helpful consultation
WHAT IS DOMESTIC VIOLENCE
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.
Contact us today for a helpful consultation
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