David Pflaum is the right theft crime defense attorney with the expertise that makes a difference for people in the criminal justice system.
Just because a person was cited or arrested for a theft crime does not mean that he or she is guilty. The person has many constitutional rights and remedies. Keeping a client’s record free of a theft conviction is a high priority.
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Theft crime accusations range from misdemeanors to felonies and include the following classifications.
- Petty theft
- Shoplifting
- Grand theft
- Fraud
- Embezzlement
- Identify theft
- Forgery
- Burglary
- Robbery
- Armed robbery
Defenses include the following.
- The client did not commit a theft
- No motive to steal
- No specific criminal intent
- No proof beyond a reasonable doubt
- The evidence is inconclusive
- Mistake of fact
- The witnesses are not believable
- The witnesses have a motive to lie
- The video surveillance shows no theft
- The loss prevention officer is not credible
- Failure of the police to advise of rights
- Improper police investigation
- The client had the money to pay for the item
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Resolution of the criminal case comes in many forms and at different times in the court process. Sometimes the fix comes quickly. Other times it requires multiple appearances in court. Either way attorney Pflaum does what it takes to keep his client informed and to work towards getting excellent results.
Before the first court date, a direct written request to the prosecutor to dismiss the charges, based on evidence the police overlooked or did not have access to at the time of the arrest, may be successful.
Once court proceedings begin, diversion is a court process in which a client does not plead guilty. Instead he or she complies with certain instructions from the judge like counseling or community service that, upon completion, results in a dismissal of the case.
The plea bargain is by far the most common and successful way that cases are resolved. The plea bargain is an agreement between the defense, the prosecution and the judge to dismiss or reduce the charges and avoid time in custody. The optimal plea bargains occur by presenting critical information about the strengths of the defense and exposing weaknesses in the prosecution.
Some cases may go to trial. Winning the trial requires an effective opening statement, examining prosecution witnesses to create reasonable doubt, and closing with a persuasive presentation for the right verdict of not guilty.
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THE RIGHT THEFT CRIME DEFENSE ATTORNEY
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COMMON THEFT CRIME ACCUSATIONS
Robbery, Penal Code section 211
Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
An “Estes” robbery is a petty theft that involved some sort of allegation of force, such as resisting the loss prevention officer.
Robbery comes in different degrees, depending upon the circumstances. The punishment can vary from probation to nine years in prison.
This offense qualifies as a strike.
Burglary, Penal Code section 459
Felony and Misdemeanor. 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 petit larceny or any felony is guilty of burglary.
Petty Theft, Penal Code section 459.5, 484, 488, 490.5
Misdemeanor. Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, 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 or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.
Grand Theft, Penal Code section 487
Felony and Misdemeanor. A theft of more than nine hundred and fifty dollars ($950) or theft of a firearm is considered a felony.
Petty Theft, Penal Code section 488
Misdemeanor. A theft of property that is valued at less than nine hundred and fifty dollars ($950).
Petty Theft with Three Priors, Penal Code section 666/488
Felony and Misdemeanor. A petty theft with three prior convictions for petty theft may be charged as a felony.
Embezzlement, Penal Code section 503
Felony. Embezzlement is the taking of money or property by someone to whom the money or property was entrusted, usually an employee of a business of company.
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