A skilled criminal defense lawyer for Penal Code 207 kidnapping with 30 years of experience, David Pflaum aggressively asserts the rights of his clients and gets the best possible results for them in court.
Kidnapping is an aggravated form of false imprisonment that involves confining a person against their will and moving them from one location to another.
A kidnapping accusation is considered a violent felony also known as a “strike” with a maximum punishment of 8 years in prison.
Aggravated kidnapping is a more serious offense and it carries a sentence of 5 years to life in prison, depending on the facts of the case.
False imprisonment is considered a “lesser included offense” of kidnapping and is defined as holding or confining a person against their will under Penal Code section 236.
HOW THE DEFENSE LAWYER GETS THE CLIENT OUT OF JAIL
If the accused is in jail, there are several ways defense attorney Pflaum helps him or her get released before or during the first court date.
The release of the client can be accomplished by posting bail right away.
The advantage is that the accused is released the same day. The disadvantage is the bail bond may cost a lot of money that is not refundable. It is wise to consult with Mr. Pflaum to get the best advice for your situation.
The release of the client can also be accomplished at the first court date by requesting from the court a release from custody without posting bail, also called a release on the client’s “own recognizance,” or a reduction in the amount of bail.
The advantage is that there is no cost to pay for a bond, or the cost may be reduced. The disadvantage is that the accused must wait in jail until the arraignment to get out of jail.
HOW THE DEFENSE LAWYER FOR PENAL CODE 207 KIDNAPPING AGGRESSIVELY DEFENDS HIS CLIENT
Defenses. The defenses depend upon the circumstances, the investigation and alleged evidence, who the witnesses are, physical evidence, the identify and background of the client, the identity and background of alleged victim, and police officer testimony.
Every case is different. Each client is unique.
Typical defenses may include the following.
- Consent
- No asportation of the victim
- Unbelievable witness
- Lack of corroboration
- Insufficiency of the evidence
- Bias of the alleged victim
- Motive to lie or fabricate
- Violation of constitutional rights
- Violation of the right to remain silent
- Incomplete or faulty police investigation
- No proof beyond a reasonable doubt
Plea Bargains. A plea bargain is an agreement between the defense lawyer, his client, the prosecution, and the judge try to resolve the case by way of a formal agreement prior to trial.
A good plea bargain should eliminate or reduce the original charges and avoid time in prison or custody.
The accused is under no obligation to accept a plea bargain offer, but it is the first stage in every criminal case.
To get an excellent plea bargain attorney Pflaum must first get to know his client well, including the client’s account of the incident, background, present status, and standing in the community.
Attorney Pflaum analyzes the police reports, 911 calls, photographs, diagrams, witness statements, alleged victim’s statements, and any other evidence in the case to determine the strengths of the client’s case and the weaknesses of the prosecution’s case.
The defense attorney then makes a presentation to the prosecution and the judge to get a favorable plea bargain for the client.
If the plea bargain offer is acceptable to the client and the attorney, the case is resolved. If not the case continues to additional court dates and heads towards a trial.
Jury Trial. Some cases, depending upon the circumstances, the evidence, and the client’s preference, may proceed to jury trial where defense lawyer Pflaum has extensive experience.
Mr. Pflaum understands the needs of his clients. He has decades of experience making a positive difference for them in the outcome of their cases.
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