Criminal lawyer for child molestation: I am David Pflaum with 30 years of experience ready to help and defend you.
An accusation of child molestation is often easy to make but not necessarily easy to prove.
Just because you were investigated or arrested for an allegation of child molestation does not mean that you are guilty. You have constitutional rights and remedies.
An experienced criminal lawyer makes a difference in the outcome of a prosecution.
If you require legal representation that makes a difference, send us a message now, come to the office, or call (760) 806-4333. I can help you now.
Definitions. Child molestation is defined as the unlawful touching of a child under the age of 14 for sexual gratification (Penal Code sections 288 et.seq). There are many accusations related to child molestation charges including the following crimes 288.
- Sending harmful matter to seduce a minor (Penal Code sections 288.2)
- Contacting a minor with the intent to commit a felony (Penal Code section 288.3)
- Arranging a meeting with a minor for lewd conduct (Penal Code section 288.4)
- Continuous sexual abuse of a child (Penal Code section 288.5)
- Sex with a child under 10 (Penal Code section 288.7)
- Child pornography (Penal Code section 311)
Investigation. If you are the subject of an investigation and the police, a detective, or a child protective services workers wants to speak with you, you should seek the guidance of an experienced criminal lawyer for child molestation to protect your interests.
Mr. Pflaum properly advises you of your constitutional rights and how to invoke your rights to protect their legal interests. More importantly Mr. Pflaum speaks to investigators and law enforcement representative on behalf of his client to prevent an arrest or prosecution in court.
Get Out Of Jail. If you or someone you know has been arrested and put in jail for an accusation of child molestation, attorney Pflaum helps the person get released from jail as soon as possible.
The procedures to get a person out of custody depend on the circumstances of the alleged crime, 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.
For more information click here: get released asap.
Get Information To The Prosecutor. In some cases attorney Pflaum gathers vital information about the accused and the allegation of child molestation and delivers the information immediately to the prosecution’s office with the goal of persuading the prosecution not to arrest the person or file charges in court.
DEFENSE STRATEGIES OF THE CRIMINAL LAWYER FOR CHILD MOLESTATION
The best defense strategy for a client charged with child molestation depends upon the nature of the accusation, the alleged evidence, the identity and credibility of the alleged victim, and the law enforcement investigation.
Mr. Pflaum begins the defense by speaking extensively with his client to learn the basis for the investigation, detention and arrest. He examines the entire file presented by the police and the prosecution, witness statements, telephone recordings, videos, and medical records of the alleged victim.
Many people who claim to be victims of child molestation have reasons not to tell the truth, or there are circumstances that make their claims less than credible.
It is always necessary to examine closely the witness statements and the background of the complaining victim. Often times the statements of the alleged victim show that there are problems with their believability.
There may be a defense built around the lack of credibility of the complaining victim since the background of that person may reveal previous false claims, a claim based on a lawsuit to collect money, or some other reason that the victim should not be believed.
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.
Another example of a defense is lack of evidence or sufficient proof, sometimes including inconclusive medical records and forensic findings by a nurse or doctor.
Some cases rely on secret tape recordings which might show that the accusations are not provable in court. Tape recordings and video evidence can also be used to assert the defense of insufficiency of the the evidence, meaning that the the case cannot be proved beyond a reasonable doubt.
Additional defenses that attorney Pflaum may invoke in order to successfully defend his client also include the following.
- Lack of corroboration
- Motive of the alleged victim to lie
- Bias of the alleged victim not to tell the truth
- Coercion or duress that causes the alleged victim to fabricate
- Improper police investigation
- No medical records to confirm the charges
- Violation of constitutional rights
- No advisement of the right to remain silent
- Inconsistent witness statements
- Insufficiency of the evidence to prove the charges
HOW THE CRIMINAL LAWYER FOR CHILD MOLESTATION MAY SUCCESSFULLY RESOLVE THE CASE
Plea Bargaining. Statistics show that 95% of criminal cases are resolved prior to trial by by way of a plea bargain.
A plea bargain is an agreement between the judge, prosecutor, the defense attorney and his client to dismiss or reduce the criminal charges, avoid time in prison and jail, and reduce the fine amount.
A client is under no obligation to accept the plea bargain offer, but plea bargaining is the first stage of every prosecution.
Strategies. The best strategy depends upon many different factors including the existence (or non-existence) of evidence, the type of the evidence, the client’s background, the police investigation, the testimony of witnesses, forensic experts, physical evidence, and other issues that may arise through the course of the trial.
Defense Strengths. Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, carefully analyzes the police reports, videos, photographs of the scene, tape recordings, surveillance videos, witness statements, and all the additional evidence associated with the case to develop the strengths of a case.
Prosecution Weaknesses. By the same process attorney Pflaum attorney looks for and develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, violation of a client’s right to remain silent, discrepancies in the conduct of the loss prevention officers and/or investigating officers, missing or inconclusive 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 offer is not acceptable to the client and the attorney, the case continues to additional court dates and heads towards a trial where attorney Pflaum has had many years of success.
A good plea bargain should eliminate or reduce the original charges and avoid further time in prison or jail. 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 offer, Mr. Pflaum must first get to know his client well, including the client’s account of the incident/s that may have occurred to give rise to the allegation of child molestation, the client’s standing in the community, education, training, professional affiliations, military experience if any, mental and physical health, and background.
The defense attorney analyzes the police reports, 911 calls, photographs, diagrams, witness statements, victim’s statements, medical reports, and the evidence in the case determine the strengths of the client’s case and the weaknesses of the prosecution’s case.
Mr. Pflaum then makes a presentation to the prosecution and the judge to get a favorable plea bargain offer for the client.
If the plea bargain offer is acceptable to the client and the attorney, the case proceeds to sentencing immediately or at a future court date. If not the case continues to additional court dates and heads towards a trial.
Jury Trial. In some cases, depending upon the circumstances, the evidence, and the client’s preference, proceed to jury trial where defense lawyer Pflaum has extensive experience.
The right defense at trial will depend upon the circumstances surrounding the investigation, detention and arrest of the accused, the evidence, the witnesses, physical evidence, the identity and background of the client and the alleged victim, and police officer investigation and testimony.
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THE CRIMINAL LAWYER FOR CHILD MOLESTATION DEDICATED TO THE RIGHTS OF THE ACCUSED
Attorney Pflaum has decades of dedication, expertise, and experience that make a difference for the accused.
For the right legal representation
(760) 806-4333
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