An experienced and skilled Encinitas misdemeanor defense lawyer helps you resolve your case in many important ways.
A misdemeanor is defined as a crime that carries a maximum sentence of 364 days in custody.
Though less serious than a felony, you should take an accusation of a misdemeanor seriously and get the best possible results. Call the right defender. Fight for your rights.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT
Consultation: Most misdemeanors begin with a citation from a police officer to appear in court.
This is commonly referred to as a Notice To Appear.
Bring your notice to appear to your consultation with Mr. Pflaum. He will discuss your case with you in detail and figure out the right strategy to get the best possible results.
Note: You may not need to be present in court. The defense lawyer can do all the work for you.
Get out of Jail: If the accused is in jail, there are several ways attorney Pflaum can help him or her get released before the first court date, or during the first court date at the arraignment.
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 as soon as possible.
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 DEFENSE LAWYER HELPS HIS CLIENT IN COURT
Plea Bargain: If the prosecutor’s office decides to file criminal charges against the accused, the defense attorney is prepared to go to court, defend his or her clients rights, and resolve the case as quickly and successfully as possible during plea bargain pretrial negotiations.
Most cases in court are resolved by a plea bargain, so it is super important to have an experienced defense lawyer on your side to get the best possible results.
Mr. Pflaum will know all about the strengths of your case, and the weaknesses of the prosecution case, in order to get the best deal possible. He will consult with you and let you know everything that he is doing to help.
With the clients approval, he resolves the case and the judge will accept the plea bargain according to the terms that the defense lawyer and his client agreed to.
Defenses at Trial: Some cases, depending upon the circumstances, the evidence, and the clients desires, may go to jury trial where Mr. Pflaum has many years of successful experience.
There are many defenses at trial. The right defense depends upon the type of case, the state of the evidence, and the believability of the witness/es or lack of witness/es.
For example, there may be insufficient evidence to prove the case beyond a reasonable doubt because the prosecution witnesses could not testify effectively against the client.
There may also be no corroboration for the prosecution’s case, so the jury cannot convict the client.
Click on investigations, results, trials, and testimonials to learn more.
COMMON MISDEMEANOR OFFENSES
Assault, Penal Code section 240
An assault is an unlawful attempt, coupled with a present ability, to commit an injury on another person. These types of crimes come in all varieties. An experienced attorney can help you by asserting your right to self-defense, defense of another person, or defense of your property.
Battery, Penal Code section 242
A battery is any willful and unlawful use of force or violence upon another person. Like the crime of assault, there are many ways to defend against this charge.
Indecent Exposure, Penal Code section 314
Every person who willfully and lewdly, exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
Burglary, Penal Code section 459
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 petty larceny or any felony is guilty of burglary. A burglary is not necessarily someone sneaking into a home at night to steal something. A burglary can be something as simple as entering a local store and stealing something. This charge can be a felony or a misdemeanor.
Forgery, Penal Code section 470
Every person who, with the intent to defraud, knowing that he or she has no authority to do so, alters, forges, counterfeits, or signs the name of another person or of a fictitious person to any check, money order, promissory note, bond, cashier check, traveler check, and any other document to obtain money is guilty of forgery.
Petty Theft, Penal Code section 484, 488, 490.5
A theft of less than nine hundred and fifty dollars ($950) is considered a misdemeanor petty theft. This is considered a crime involving dishonesty and can have serious effects on a person’s life. The right defender can help you try to eliminate this charge, or work out a deal to minimize its effects on your present and future life.
False Pretenses, Penal Code section 532
Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, 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 possession of money or property, or obtains the labor or service of another, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.
Nonpayment of Services, Penal Code section 537
Any person who obtains any credit, food, fuel, services, or accommodations at a hotel, inn, restaurant, boardinghouse, lodging house, apartment house, bungalow court, motel, marina, marine facility, auto camp, ski area, or public or private campground, without paying there for, with intent to defraud the proprietor or manager thereof, or surreptitiously, or by force, menace, or threats, removes any part of his or her baggage there from with the intent not to pay for his or her food or accommodations is guilty of a public offense.
Vandalism, Penal Code section 594
Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
Disorderly Conduct, Penal Code section 647(a)
Every person who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. This crime happens more frequently than you might think, and can have serious consequences. Talk to an experienced lawyer to know your options.
Solicitation of Prostitution, Penal Code section 647(b)
Every person who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution.
This criminal accusation is very common, especially when the police set up “sting” operations designed to bust as many people as possible.
Hit and Run, Vehicle Code section 20002
This section makes it a misdemeanor to leave the scene of an accident involving property damage to a third party, without first providing the other party with certain identifying information
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