The dedicated and skilled criminal attorney in San Marcos with more than 25 years of legal experience, David Pflaum protects the rights of his clients and gets the best possible results for them in court.
Just because a person was cited or arrested for a criminal accusation does not mean that he or she is guilty. The accused has rights and remedies.
An experienced criminal defense attorney like Mr. Pflaum makes a difference in the outcome of a criminal prosecution.
WHAT THE CRIMINAL DEFENSE ATTORNEY DOES FOR HIS CLIENT
Stand Up For Your Rights. Mr.Pflaum protects his clients by making sure the police did not violate their constitutional rights by detaining them illegally, searching them without a warrant, or questioning them without advising them of their rights to remain silent and have a lawyer present during questioning.
Get Out of Jail: When a client is in jail, there are several ways attorney Pflaum helps him or her get released from 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.
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.
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.”
Click on the following words to learn more: get out of jail.
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.
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 CRIMINAL ATTORNEY HELPS HIS CLIENT IN COURT
Both misdemeanor and felony cases are typically resolved 95% of the time during the court process by way of a plea bargain.
A plea bargain is an agreement between the prosecutor, judge, defense attorney and his client to eliminate or reduce the charges, avoid or minimize the amount of time in jail, reduce the fines, and may allow for a modification to be built into the deal for even a better result upon successful completion of probation.
Once Mr. Pflaum has the best information about the case, which includes the full background of his client, the client’s account of what caused the arrest, witness statements, the evidence seized by the police and other evidence involved in the prosecution, he goes to court to negotiate a plea bargain with the prosecution and the judge.
In many cases the client will never have to go to court. Mr. Pflaum does all the work on behalf of the client.
Defense Strengths: Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, the medical records, DNA, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case to develop the strengths of a case.
Prosecution Weaknesses: By the same process, the criminal defense attorney 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, missing or inconclusive evidence, and problems in the forensic evidence.
Effective Presentation: The criminal defense attorney 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 for his 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 is not accepted, then the client and the defense attorney continue to aggressively defend the case as it heads towards a trial.
Click here for more information: excellent plea bargains.
Jury Trial: For cases that cannot be, or should not be, settled by way of a plea bargain, attorney Pflaum is ready to go to jury trial and get the best possible results.
One of the best ways to win a case is to aggressively prepare for a trial, pick an excellent jury, make a compelling opening statement, cross examine witnesses, put on a defense, and tell a convincing closing argument.
The best defense at trial depends upon the type of charge, the evidence (or lack of evidence), the witnesses, whether the client will testify, the forensic evidence, and many other factors but commonly include the following.
- No criminal intent
- Insufficient evidence
- No corroboration
- No eye witness identification
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
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