A top sex offense lawyer with 30 years expertise, David Pflaum aggressively asserts the rights of his clients and gets the possible results for them in court.
An allegation of a sex offense offense may include solicitation of a prostitute, sexual assault, sex with a minor, statutory rape, child abuse, rape, molestation and indecent exposure.
Accusations of a sex offense are often easy to make but not necessarily easy to prove. Just because someone claims to be a victim of, or a witness to, a sex offense does not make it so.
An experienced criminal defense lawyer like Mr. Pflaum makes a difference in the outcome of a prosecution of an alleged sex offense.
Investigation. If you are the subject of an investigation for an alleged sex offense and the police, a detective, or a child protective services wants to speak with you, you should immediately seek the guidance of an experienced criminal defense attorney like Mr. Pflaum to protect your interests.
During an investigation the defense lawyer properly advises the client of their constitutional rights and how to invoke their rights for protection. Mr. Pflaum speaks to police, detectives and child protective services agents on behalf of the client to prevent an arrest or prosecution in court.
Get Information to the Prosecutor. In some cases the defense lawyer prepares vital information about the client and the case and delivers the information immediately to the prosecution’s office with the goal of persuading the office not to file charges in court.
Get Released From Custody. If you or someone you know has been arrested and put in jail for an accusation of a sex offense, attorney Pflaum helps the person get out of jail as soon as possible before the first court date or during the first court date at arraignment.
The procedures to get a person out of custody depends 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 on the following words to learn more: get out of jail.
SEX OFFENSE LAWYER DEFENSE STRATEGIES
Many people who claim to be victims of a sex offense crime have reasons not to tell the truth, have prior criminal records that make them less believable, or there are circumstances that make their claims less than credible.
Defenses. It is always important to examine closely the witness statements and the background of the complaining witness. Often times the statements of the witnesses show that there are problems with the believability of the witnesses.
There may be a defense built around the lack of credibility of the complaining witness since that background of the witness may show previous false claims, or a claim based on a lawsuit to collect money, or some other reason that the witness should not be believed.
Another defense to a sex offense charge may be consent. A person’s willingness to participate in sexual activity can be a complete defense.
Sometimes the alleged victim has made similar claims against others which proved to be untrue. This factor can be used to discredit the witness and throw the case out of court.
Sometimes the alleged victim is just trying to make money based upon the accusation and therefore is less believable. This defense would be based upon bias or motive of the alleged victim to fabricate.
Another example of a defense is lack of evidence or sufficient proof.
Some cases rely on testimony of undercover police officers or secret tape recordings which might show that the accusations are not provable in court. This defense would also be called insufficiency of the evidence.
Tape recordings and video evidence can also be used to prove the defense of entrapment, meaning that the accused did not initially have the criminal intent to commit a crime.
Additional defenses may include the following.
- Motive of the witness to fabricate
- Violation of the right to remain silent
- Faulty police investigation
- Inconclusive medical records of the alleged victim
- Mistake of fact
- Lack of corroboration
PLEA BARGAINING
Criminal Charges. The plea bargain is a vital part of the criminal justice system that involves an agreement between the criminal defense lawyer, his client, the prosecutor, and the judge to dismiss or reduce the original criminal charges.
A client is under no obligation to accept a plea bargain offer, but it is the first stage in a criminal prosecution.
Punishment. The plea bargain usually includes an agreement about the terms of the punishment such as no 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.
Defense Strengths. Good plea bargains come about because criminal defense attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, the medical records, videos, photographs, tape recordings, 911 calls, forensic evidence, and witness interviews to develop the strengths of a case.
Prosecution Weaknesses. By the same process attorney Pflaum 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.
Jury Trial. In some cases, depending upon the circumstances, the evidence, and the client’s preference, may proceed to jury trial where defense lawyer Pflaum has extensive experience.
PROVEN RESULTS
Mr. Pflaum stands tall as a relentless legal advocate for his clients. He has the proven skills, experience and dedication to make a difference for them.
Click on the words results, trials, or testimonials to learn more.
Call today for a confidential consultation
(760) 806-4333
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