A skilled domestic violence lawyer in Pacific Beach with over 25 years experience, David Pflaum is known as The Right Defender™ in San Diego. He protects the rights of his clients and gets the best possible results for them.
Just because a person was arrested for an accusation of domestic violence 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 domestic violence prosecution.
HOW THE DOMESTIC VIOLENCE ATTORNEY HELPS HIS CLIENT
The most common accusations related to domestic violence are as follows.
- Assault (Penal Code sections 240)
- Battery (Penal Code sections 243e)
- Assault with force (Penal Code sections 245)
- Inflicting corporal injury (Penal Code section 273.5)
- Terrorist or criminal threats (Penal Code section 422)
- Damaging or obstructing a telephone (Penal Code section 591)
Get Out Of Jail: When the police investigate an accusation of domestic violence, the police will arrest and take to jail the person who they believe was the primary aggressor. Bail will be set according to the booking charges and the San Diego County Bail Schedule.
Post Bail: 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.
Request Release from the Judge: 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.
To learn more click here: get out of jail.
HOW THE DOMESTIC VIOLENCE LAWYER HELPS HIS CLIENT BEFORE COURT
Contact the Prosecutor’s Office: Depending upon the circumstances, such as assistance from the alleged victim, interviews with witnesses, and additional facts about the arrest, the defense lawyer gets vital information about the case.
It can be very helpful if the alleged victim does not want to prosecute the accused.
The lawyer then delivers the most important information to the prosecutor’s office as soon as possible with the goal of persuading the prosecutor’s office not to file any criminal charges against the arrested person or to reduce the charges.
HOW THE DOMESTIC VIOLENCE LAWYER HELPS HIS CLIENT IN COURT
Defend the Case in Court: If the prosecutor’s office decides to file criminal charges against the arrested person, a domestic violence defense attorney is prepared to go to court with the client, defend his or her rights, avoid a restraining order, and resolve the case as quickly and successfully as possible during plea bargain negotiations.
Plea Bargains: The first part of a criminal case involves plea bargaining in which the defense, the prosecution, and the judge try to resolve the case.
A good plea bargain should eliminate or reduce the original charges and avoid further time in custody. 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, the defense attorney must first get to know his client well, including the client’s account of the incident, background, present status, and standing in the community.
The defense attorney analyzes the police reports, 911 calls, photographs, diagrams, witness statements, alleged victim’s statements, phone records, medical reports 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: In some cases, depending upon the circumstances, the evidence, and the client’s desires, the case may proceed to jury trial where defense lawyer Pflaum has extensive experience.
The defenses at trial depend upon the circumstances, the evidence, who the witnesses are, physical evidence, the background of the client and the alleged victim, and police officer testimony.
Every case is different. Each client is unique.
Typical defenses at trial may include the following.
- Provocation
- Self defense
- Lack of corroboration
- Insufficiency of the evidence
- Motive to lie
- Bias of the witness
- Improper police investigation
- Violation of constitutional rights
WHAT IS DOMESTIC VIOLENCE
The term “domestic violence” applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, legal partners, gay and lesbian couples, and people who live together in a romantic relationship.
These types of cases almost always start with a call to “911” from either a person involved in a dispute or from a neighbor or a witness.
More than one police officer will be dispatched to the scene to investigate the case. The police will interview everyone at the scene and photograph any alleged injuries. The police will then arrest the person believed to be the “primary aggressor” and take him or her to jail.
The person arrested will be booked into jail for a felony. Bail will generally be set at an amount between $10,000 and $50,000 according to the San Diego County Bail Schedule.
The police then forward the arrest report to the prosecutor’s office which will determine whether to press charges in court.
Depending upon the time and day of the arrest, the person who was arrested if he/she is in custody will generally be brought to court within two business days to begin the process of fighting the charges.
PROVEN RESULTS
Click on investigations, results, testimonials to learn more about a charge of domestic violence.
Contact us today for a valuable legal consultation
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