A top possession for sale defense attorney with 30 years of experience, David Pflaum is dedicated to asserting the rights of his clients and getting the best possible results for them.
The fact that a police officer may have discovered drugs in someone’s possession, car or home, or claims that the drugs were being transported or possessed for sale, does not mean that there is enough evidence for a conviction.
The accused has constitutional rights. Stand up for your rights. An experienced criminal defense attorney like Mr. Pflaum makes a difference in the outcome of a drug prosecution.
Get Out Of Jail. Almost all people accused and arrested for a drug-related crime are put in jail.
When a client is in jail there are several ways attorney Pflaum helps him or her get released from jail before the first court date or during the first court date at the arraignment.
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.
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To view the bail schedule click here: San Diego County bail schedule.
DEFENSE ATTORNEY STRATEGIES
The successful defense attorney must have extensive experience defending various types of drug-related accusations including alleged possession for sale.
Detention and Arrest. One of the first things to do when defending a drug-related criminal accusation such as possession for sale is determine whether the police had probable cause for a detention or a search of the person, automobile, or house where the drugs may have been found and, if not, whether the illegal evidence can be thrown out of court.
Search Warrant. If there was a search warrant involved, then the analysis should focus on the affidavit in support of the search warrant, and whether the scope of the search was appropriate.
Examine The Evidence. The attorney looks carefully at such important factors as where the drugs were supposedly found, the quantity of drugs, whether there was a scale, materials to package the drugs, a large amount of money, tape recordings of sales, undercover purchases, pay-and-owe sheets, sales records, surveillance tapes, lab analysis, and other factors.
WINNING STRATEGIES
The criminal attorney for a a charge of possession for sale should have years of experience.
The first important part of a defense is to meet with the client and find out from him or her the facts of the detention and arrest.
It is also vital to learn from the client his or her background, present status, current employment, mental and physical health condition, and prior record if any.
Defenses. The best defense depends on the exact type of drug accusation, the facts of the case, the evidence the police claim to have, expert witness testimony, eye witness testimony, body cameras, patrol car cameras, tape recordings, and the client’s assistance.
Typical defenses include the following.
- No criminal intent
- No actual possession
- No proof of sales
- No proof of intent to sale
- No knowledge of the presence of drugs
- Insufficient evidence
- No independent corroboration
- No eye witness identification
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
- Faulty laboratory analysis
Plea Bargains. Criminal prosecutions always begin with the plea bargaining process, though a client is under no obligation to accept a plea bargain offer.
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 prison and jail time, and reduce the fine amount.
Defense Strengths. A good plea bargain comes from skilled work by attorney Pflaum who develops the strengths of his client’s case by analyzing the arrest reports, search warrant affidavits, the search warrant, laboratory test results, witness statements, and police officer testimony.
Prosecution Weaknesses. Mr. Pflaum also analyzes the weaknesses of the prosecution’s case which may include an unlawful detention, insufficient evidence, violation of constitutional rights, inconsistent eye witness testimony, and entrapment.
After analyzing the case, reviewing the arrest reports, viewing diagrams of the area of arrest and detention, drug analysis results, witness statements, video and surveillance tapes, phone records, and the evidence that the police or DEA claim supports the charges, Mr. Pflaum excels at getting excellent plea bargain offers for his clients.
If the plea bargain is accepted by the client and the defense lawyer, the judge will sentence the client in accordance with the agreement.
If the plea bargain is not accepted, then the defense lawyer continues to defend the case as it goes through the court system and heads towards a trial.
Trial. For those cases that cannot be settled with a plea bargain, or for clients who choose to go to trial, attorney Pflaum has extensive experience at preparing cases for trial, presenting excellent opening statements and closing arguments, and winning.
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THE DEFENSE ATTORNEY DEDICATED TO CLIENTS RIGHTS
Mr. Pflaum understands the needs of his clients. He has decades of experience making a positive difference for them in the outcome of their legal cases.
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(760) 806-4333
