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David Pflaum
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760-806-4333

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Our Clients Opinions

1. Best lawyer in San Diego.
David wasn’t just a lawyer doing his job, he was a mentor along the process. I thank him for all his hard work.
No one else could have won my case like he did. (m.c)
2. David Pflaum diligently, effectively and successfully represented me and my family in a very serious TRO.
Mr. Pflaum was very generous with his time and legal expertise.
In court his legal skills stood out as he outmaneuvered the other lawyer and graciously addressed the judge.
I highly recommend him. (s.b.)
3. I have worked for the superior court for over 30 years and known David for the past 16 years.
He will shield you from failure or harm if the case is not worth risking in trial and instead work tenaciously and effectively to get you the best of deals.
He is kind, compassionate and dedicated. (s.s.).
4. Attorney David Pflaum is in fact the right defender.
I was looking at a lot of time and charges when I was arrested. Mr. Pflaum took care of that for me from the very start.
I knew I had the right lawyer due to his never ending efforts to fight for not just a good deal, but for my freedom as well.
Mr. Pflaum is the best attorney in the business.
His actions speak louder than words. (c.t)

*The descriptions of results do not provide a guarantee about the outcome of a case.  Attorney Pflaum does his very best for each client.

PC 261

PC 261 refers to a charge of rape according to the California Penal Code.

David Pflaum is a skilled criminal defense attorney with over 25 years of experience who understands the criminal procedures and laws that are involved with charges like rape and knows how to defend the accused and get the best possible results.

An accusation of rape is often easy to make, but not necessarily easy to prove.  Just because someone claims to be a victim, does not make it so.

HOW THE LAWYER HELPS IF SOMEONE IS IN JAIL

Get Released: If you or someone you know has been arrested and put in jail, the lawyer helps get the person released from jail as soon as possible.

The procedures to get a person released from custody depend on many factors. Click on the word “released” in blue to learn more.

DEFENSE STRATEGIES FOR A CHARGE OF RAPE

Many people who claim to be victims of a sex crime have reasons not to tell the truth, have prior criminal records that make them less believable, or there are circumstances that make their claims less than credible.

It is always wise to examine closely the witness statements and the background of the complaining witness.  There may be a defense built around the lack of credibility of the complaining witness.

Another defense to a sex offense charge may be consent.  A person’s willingness to participate in sexual activity can be a complete defense.

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.

Sometimes the alleged victim is just trying to make money based upon the accusation and therefore is less believable.  This defense might be called bias or motive to fabricate.

Another example of a defense could be lack of evidence such as DNA, fingerprints, hair, or other missing proof.

WHAT IS THE DEFINITION OF RAPE

Rape is defined in the law as an act of sexual intercourse with a person not the spouse of the perpetrator, under any of the following circumstances:

(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.

(2) Where the sexual act is by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. Unconscious could be asleep.

(5) Where the person is defrauded intentionally to induce belief that the sexual act serves a professional o medical purpose.

(6) Where the act occurs using menace or fear. “Menace” means any threat, declaration, or act which shows an intention to inflict an injury upon another.

In cases of rape accusation is important to establish if there was consent.

Imprisonment, fines and sex offender registration are some of the penalties that the law establishes for rape convictions.

PROVEN RESULTS

Click on the words results, trials, or testimonials to learn more about defending sex offense charges.

Call today for a confidential consultation

(760) 806-4333

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This page is also available in: Spanish

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Recent Court Victories *

1.  Client charged with felony assault, spousal abuse and criminal threats. Bail was set at $200,000. 
Attorney Pflaum convinced the judge to reduce bail to $20,000 and to allow the client to return home. 
The case was hard fought. 
The results: dismissal of all charges but for one count of misdemeanor battery.

2.  Client charged with grand theft.  Mr. Pflaum presented substantial favorable information about the client to the district attorney. 

Charge reduced to a misdemeanor disturbing the peace.

3.  Client filed a request for a temporary restraining order (TRO) due to being humiliated and harassed by the respondent. 

Attorney Pflaum resolved the case.

Our client received attorney fees from the respondent, a written apology and an extension of the TRO.

4.  Client was charged with DUI of prescription drugs. 

The DUI was dismissed. Drivers license not suspended.

5.  Client charged with a hit and run.  We arranged to make payment of damages to the victim. 

Case dismissed.

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San Diego Criminal Justice Lawyer David Pflaum serves his clients to get the best possible results.  And succeeds. Reach out to him for the service and legal representation that makes the difference from consultation to court.

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The Law Office of David Pflaum
380 South Melrose Drive, Suite 305
Vista, CA 92081       (760) 806-4333

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