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David Pflaum
The Right Defender
Makes The Difference

760-806-4333

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Our Clients Opinions

1. Best lawyer in San Diego.
David wasn’t just a lawyer doing his job, he was a mentor along the process. I thank him for all his hard work.
No one else could have won my case like he did. (m.c)
2. David Pflaum diligently, effectively and successfully represented me and my family in a very serious TRO.
Mr. Pflaum was very generous with his time and legal expertise.
In court his legal skills stood out as he outmaneuvered the other lawyer and graciously addressed the judge.
I highly recommend him. (s.b.)
3. I have worked for the superior court for over 30 years and known David for the past 16 years.
He will shield you from failure or harm if the case is not worth risking in trial and instead work tenaciously and effectively to get you the best of deals.
He is kind, compassionate and dedicated. (s.s.).
4. Attorney David Pflaum is in fact the right defender.
I was looking at a lot of time and charges when I was arrested. Mr. Pflaum took care of that for me from the very start.
I knew I had the right lawyer due to his never ending efforts to fight for not just a good deal, but for my freedom as well.
Mr. Pflaum is the best attorney in the business.
His actions speak louder than words. (c.t)

*The descriptions of results do not provide a guarantee about the outcome of a case.  Attorney Pflaum does his very best for each client.

Misdemeanor Defense Lawyer

A misdemeanor defense lawyer with 30 years of legal experience, David Pflaum vigorously asserts your rights and gets the best possible results for you in court.

Just because a person was cited or arrested for a misdemeanor 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 misdemeanor prosecution.

Get Out of Jail. Many people accused of a misdemeanor are given a Notice to Appear in court and are not arrested.

If a client is arrested and booked into jail, there are several ways attorney Pflaum helps him or her get released 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.

Click on the following words to learn more: get out of jail.

misdemeanor defense lawyer

MISDEMEANOR DEFENSE LAWYER WINNING STRATEGIES IN COURT

The best defense strategy 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 specific criminal intent
  • Insufficiency of the evidence
  • No corroboration by witnesses
  • Self defense
  • Defense of another
  • Provocation
  • Mistake of fact
  • No proof of injury to another
  • No eye witness identification
  • Witness bias
  • No proof beyond a reasonable doubt
  • Violation of the right to remain silent
  • Coerced confession
  • Inconsistent police testimony
  • Incomplete investigation
  • Alibi
  • Failure of proof

 Misdemeanor Defense Lawyer

MISDEMEANOR DEFENSE LAWYER ALTERNATIVE STRATEGIES TO WIN THE CASE

Statistics show that nearly 95% of cases filed in criminal court are resolved prior to trial by way of a plea bargain.

Plea Bargaining.  A plea bargain is an agreement between the judge, prosecutor, the defense attorney and his client regarding the charges and the punishment.  The goal of a plea bargain is to dismiss or reduce the criminal charges, avoid prison and jail time, and reduce the fine amount.

Criminal prosecutions always begin with the plea bargaining process, though a client is under no obligation to accept a plea bargain offer.

Defense Strengths. Good plea bargains come about because attorney Pflaum understands his client well and the facts giving rise to the criminal accusation, investigates the case, carefully reviews the police reports, the medical records, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence, and witness interviews to develop the strengths of a case.

Prosecution Weaknesses. By the same process, the criminal 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. Attorney Pflaum 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 offer for his client.

If the plea bargain offer is accepted by the client and his defense attorney, the case proceeds to 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.

misdemeanor defense

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 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.

Misdemeanor Criminal Lawyer

THE MISDEMEANOR LAWYER DEDICATED TO CLIENTS

Criminal attorney Pflaum truly cares about the needs of his clients and has decades of experience making a positive difference for them in the defense of a misdemeanor charge.

Click on investigations, results, testimonials to learn more.

For experienced legal representation

 

(760) 806-4333

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COMMON MISDEMEANOR OFFENSES

Assault, Penal Code section 240
An assault is an unlawful attempt, coupled with a present ability, to commit an injury on another person.  These types of crimes come in all varieties.  An experienced attorney can help you by asserting your right to self-defense, defense of another person, or defense of your property.

Battery, Penal Code section 242
A battery is any willful and unlawful use of force or violence upon another person.  Like the crime of assault, there are many ways to defend against this charge.

Indecent Exposure, Penal Code section 314
Every person who willfully and lewdly, exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.

Burglary, Penal Code section 459
Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, that it is being used for dwelling purposes, with intent to commit grand or petty larceny or any felony is guilty of burglary.  A burglary is not necessarily someone sneaking into a home at night to steal something.  A burglary can be something as simple as entering a local store and stealing something.  This charge can be a felony or a misdemeanor.

Forgery, Penal Code section 470
Every person who, with the intent to defraud, knowing that he or she has no authority to do so, alters, forges, counterfeits, or signs the name of another person or of a fictitious person to any check, money order, promissory note, bond, cashier check, traveler check, and any other document to obtain money is guilty of forgery.

Petty Theft, Penal Code section 484, 488, 490.5
A theft of less than nine hundred and fifty dollars ($950) is considered a misdemeanor petty theft.  This is considered a crime involving dishonesty and can have serious effects on a person’s life.  The right defender can help you try to eliminate this charge, or work out a deal to minimize its effects on your present and future life.

False Pretenses, Penal Code section 532
Every person who knowingly by any false or fraudulent representation or pretense defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.

Nonpayment of Services, Penal Code section 537
Any person who obtains any credit, food, fuel, services, or accommodations at a hotel, inn, restaurant, boardinghouse, lodging house, apartment house, bungalow court, motel, marina, marine facility, auto camp, ski area, or public or private campground, without paying there for, with intent to defraud the proprietor or manager thereof, or surreptitiously, or by force, menace, or threats, removes any part of his or her baggage there from with the intent not to pay for his or her food or accommodations is guilty of a public offense.

Vandalism, Penal Code section 594
Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism:

(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.

Disorderly Conduct, Penal Code section 647(a)
Every person who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.  This crime happens more frequently than you might think, and can have serious consequences.  Talk to an experienced lawyer to know your options.

Solicitation of Prostitution, Penal Code section 647(b)
Every person who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution.  This crime is very common, especially when the police set up “sting” operations designed to bust as many people as possible.

Hit and Run, Vehicle Code section 20002
This section makes it a misdemeanor to leave the scene of an accident involving property damage to a third party, without first providing the other party with certain identifying information

 *                    *                    *

(760) 806-4333

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Recent Court Victories *

1.  Client charged with felony assault, spousal abuse and criminal threats. Bail was set at $200,000. 
Attorney Pflaum convinced the judge to reduce bail to $20,000 and to allow the client to return home. 
The case was hard fought. 
The results: dismissal of all charges but one count of misdemeanor battery.

2.  Client charged with grand theft.  Mr. Pflaum presented substantial favorable information about the client to the district attorney. 

Charge reduced to a misdemeanor disturbing the peace.

3.  Client filed a request for a temporary restraining order (TRO) due to being humiliated and harassed by the respondent. 

Our client received attorney fees from the respondent, a written apology and an extension of the TRO.

4.  Client was charged with DUI of prescription drugs. 

The DUI was dismissed. Drivers license not suspended.

5.  Client charged with a hit and run.  We arranged to make payment of damages to the victim. 

Case dismissed.

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Premier San Diego Criminal Defense

San Diego Criminal Justice Lawyer David Pflaum serves his clients to get the best possible results.  And succeeds. Reach out to him for the service and legal representation that makes the difference from consultation to court.

The Right Defender is here.

The Law Office of David Pflaum
380 South Melrose Drive, Suite 305
Vista, CA 92081       (760) 806-4333

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Your Freedom is Our Goal

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