A top criminal lawyer in Encinitas with 30 years of expertise, David Pflaum aggressively asserts the rights of his clients and gets the best possible results for them.
Just because a person was cited or arrested for an accusation of a crime does not mean that he or she is guilty. The accused has rights and remedies.
An experienced criminal defense lawyer like Mr. Pflaum makes a difference in the outcome of a criminal prosecution.
HOW THE CRIMINAL LAWYER IN ENCINITAS DEFENDS HIS CLIENT
Consultation. Most misdemeanors begin with a citation from a police officer to appear in court.
Most felony cases begin with an arrest. The accused is put in jail where he or she remains until bail is posted or the judge releases the accused.
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 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 asap.
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 LAWYER IN ENCINITAS DEFENDS THE ACCUSED
The best defense to a criminal accusation depends upon many things including the circumstances of the detention and arrest, forensic evidence, witnesses, physical evidence, 911 calls, medical records, the identity and background of the accused, the identity and background of the alleged victim, and police officer testimony.
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- Lack of Evidence
- Strengths and Weaknesses
- Inconclusive Witness Identification
- Self Defense
- Defense of Another
- No Criminal Intent
- Mistake of Fact
- Violation of Rights
- Plea Bargaining
- Jury Trial
Additional defenses may include the following.
- Defense of property
- Provocation
- Insufficiency of the evidence
- Lack of corroboration
- Ulterior motive of a witness to fabricate
- Lack of specific criminal intent
- No proof of injury
- No proof of financial loss
- Failure to advise the client of their rights
- Lack of credibility of the complaining witness
- Violation of the right to remain silent
- Incomplete police investigation
- Lack of credibility of the alleged victim
- Inconclusive forensic evidence
Plea Bargains. Both misdemeanor and felony cases are resolved 95% of the time prior to trial by way of a plea bargain.
A plea bargain is an agreement between the prosecution, judge, defense attorney and his client to resolve the case before trial.
A plea bargain should include dismissal or reduction of the charges with an agreement on no time in prison or jail, or alternatives to custody, and other favorable terms.
A good plea bargain comes from dedicated and skilled work by the defense lawyer who looks for the strengths of his client’s case, and the weaknesses of the prosecution’s case, in order to persuade the prosecutor and judge to offer a favorable deal to the client.
A client is under no obligation to accept a plea bargain, but plea bargaining is the first stage in every criminal case.
Strengths. Attorney Pflaum excels at getting excellent plea bargains for his client.
He accomplishes this by analyzing the case, reviewing the arrest reports, viewing diagrams of the area of arrest and detention, experts reports, crime lab analysis results, witness statements, video and surveillance tapes, phone records, and any other evidence–or lack of evidence–that the police claim supports the charges.
If the plea bargain is accepted by the client and the defense lawyer, the judge will sentence the client in accordance with the agreement.
If the plea bargain is not accepted, the case continues and heads towards a trial.
Defenses at Trial. Some cases, depending upon the client’s preference, the circumstances, the evidence, the witnesses, and much more, may proceed to jury trial where Mr. Pflaum has many years of successful experience.
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