A highly qualified criminal defense attorney for vehicle theft charges with over 25 years of experience, David Pflaum knows the legal strategies to get the best results possible for his clients.
Just because a client may have been arrested for vehicle theft charges does not mean the client must plead guilty.
An experienced criminal defense lawyer like Mr. Pflaum makes a difference in the outcome of a vehicle theft prosecution.
HOW THE LAWYER HELPS IF HIS CLIENT IS IN JAIL
Get Released. If you or someone you know has been arrested and put in jail, the lawyer helps get the person released from jail.
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.
Click here for more information: get out of jail asap.
STRATEGIES TO HELP THE CLIENT GET THE RIGHT RESULTS
Initial Consultation. During the first consultation with the defense lawyer, the client and the lawyer review the entire case, including the client’s background and current status, the arrest reports, witness statements, and evidence in order to determine the right strategy to get the best results.
Other Factors. Important factors to consider in successfully defending these charges are the following.
- the manner in which the accused was arrested
- whether there were any witnesses
- does the accused have a criminal record
- did the police read the accused his or her rights
- did the accused make any admissions
- was any property damaged
- the ability to pay for the damages
- surveillance video
If the victim of the crime or owner of the property does not want to press charges, this factor may be helpful as well.
HOW THE DEFENSE ATTORNEY HELPS HIS CLIENT DURING THE COURT PROCESS
Most criminal cases in court may be resolved by way of a plea bargain.
Plea Bargains. The first part of a criminal case involves plea bargaining in which the defense, the prosecution and the judge try to resolve the case.
A good plea bargain should eliminate or reduce the original charges and avoid further time in custody. 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.
The defense attorney analyzes the police reports, 911 calls, photographs, diagrams, witness statements, alleged victim’s statements, phone records, medical reports and any other evidence in the case to determine the strengths of the client’s case and the weaknesses of the prosecution’s case.
The defense attorney then presents the case to the prosecution and the 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.
Attorney Pflaum has extensive experience with gathering information about his client, analyzing the facts of the case, interviewing witnesses, reviewing the police reports and the evidence, and convincing the prosecutor and judge to eliminate or reduce the charges and avoid time in jail.
If the plea bargain offer is acceptable to the client and the defense lawyer, the client is sentenced in accordance with the agreement.
The plea bargaining process can move quickly or slowly, depending upon the facts in the case, and may occur over several court dates.
Jury Trial. For cases that cannot be, or should not be, settled by way of a plea bargain, attorney Pflaum is ready to prepare for and go to jury trial.
Defenses. The defenses to a charge of vehicle theft depend upon the facts and evidence in the case, the presence or lack of evidence to support the charges, and the circumstances surrounding the arrest of the client.
Every case is different. Each client is unique.
The following are the most successful defenses.
- Lack of specific intent
- Consent by the owner
- Insufficient evidence
- Lack of identification
- Failure to advise of rights
- Witness credibility
WHAT IS CONSIDERED VEHICLE THEFT
Vehicle theft according to Vehicle Code section 10851 is defined as follows:
- Any person who drives or takes a vehicle without the owner’s consent
- With intent to deprive the owner of title or possession of the vehicle
Note. The crime of “joyriding” has been eliminated from the Vehicle Code.
A CHARGE OF RECEIVING STOLEN PROPERTY
Any person who takes a vehicle without the owner’s consent can also be arrested and charged with receiving stolen property in violation of Penal Code section 496.
The defense to a charge of receiving stolen property may be that the accused did not know the property was stolen, the accused did not have the criminal intent to receive property that was stolen, or the accused was an innocent witness.
CALL THE RIGHT DEFENDER FOR HELP
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