The top skilled criminal defense attorney for shoplifting in La Jolla with more than 30 years of experience in court defends theft charges and get the best possible results.
The most common type of theft accusation is shoplifting, also known as petty theft, according to Penal Code sections 459.5, 484, 488, 490.5.
Note. If you receive a notice in the mail demanding payment of money, call the right defender right away for expert guidance.
HOW THE EXPERIENCED DEFENSE ATTORNEY DEFENDS HIS CLIENT
Most people charged with shoplifting receive a citation, a notice to appear in court, or a letter from the District Attorney’s Office to appear in court at a future date. They are not arrested nor taken to jail.
Get Out Of Jail. Some people accused of shoplifting are arrested and taken to jail where bail will be set according to the booking charges and the San Diego County Bail Schedule.
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.
For more information click here: get out of jail asap.
Consultation. Attorney Pflaum meets with his client to learn about the facts of the case during an initial consultation.
He also learns about the client’s present status including employment, ties to the community, background, and education since this information may be helpful to resolve the case favorably.
DEFENSE ATTORNEY FOR SHOPLIFTING IN LA JOLLA DEFENSE STRATEGIES
There are many ways that an experienced defense attorney in La Jolla successfully defends an accusation of shoplifting. Every case is different. Each client is unique.
Defenses. Effective defenses to an accusation of shoplifting include the following.
- No specific intent to steal
- No proof beyond a reasonable doubt
- Inconclusive evidence
- Mistake of facts
- The witnesses are not believable
- Video surveillance shows no act of concealment
- The loss prevention officer is not credible
- Failure of the police to advise of rights
Plea Bargaining. Statistics show that 95% of criminal cases are resolved in court prior to trial by way of a plea bargain.
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 jail time, reduce the fine, and keep the client’s record free of a theft-related conviction.
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 the state of the evidence, eye witness testimony, the value of the items allegedly taken, the client’s present status and background, the police investigation, admissions by the client, and video surveillance of the alleged theft,
Defense Strengths. Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, and carefully analyzes the alleged evidence.
Prosecution Weaknesses. Mr. Pflaum also 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 or investigating officers, missing or inconclusive evidence, and the lack of video or camera surveillance to corroborate the alleged theft.
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.
Jury trial. For cases that cannot be, or should not be, settled by way of a plea bargain, the client and the attorney may proceed to jury trial where attorney Pflaum has substantial experience and success.
The best defense at trial will depend upon the facts of the case, witness testimony, police officer investigation, video surveillance (if any), and whether the client will testify.
Click on the tab in blue to learn more: jury trial.
PROVEN RESULTS
Attorney Pflaum understands his clients needs. He has the experience and dedication that makes a difference for them.
Call the right defender today for immediate help