Vista sex crimes defense attorney David Pflaum relies on over 30 years of expertise to aggressively defend his clients.
Just because a person was investigated or arrested for a sex crime does not mean that he or she is guilty. The person has many constitutional rights and remedies.
VISTA SEX CRIME DEFENSE SERVICES
Investigation. If you are the subject of an investigation for an alleged sex crime and the police, a detective, or a child protective services worker wants to speak with you, Attorney Pflaum properly advises his client of their constitutional rights and how to invoke their rights for protection. More importantly Mr. Pflaum may speak to police, detectives and child protective services workers on behalf of the client to prevent an arrest or prosecution in court.
PreFiling. In some cases attorney Pflaum prepares vital information about the client and the case and delivers the information immediately to the prosecution’s office with the goal of persuading the prosecutor’s office not to file charges in court.
Jail. Virtually all people accused of committing a sex crime are arrested and taken to jail where bail will be set according to the booking charges and the bail schedule. The procedures to get a person out of jail depend on the circumstances of the alleged crime and the present status of the client, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references. Click on the following words to learn more: get out of jail asap.
VISTA SEX CRIME DEFENSE STRATEGIES
There are many proven methods to successfully defend a sex crime allegation, depending upon the circumstances and the alleged evidence in the case. The professional defense of a sex crime accusation begins with the consultation with the client to learn about the facts of the case, and the client’s general background.
Mr. Pflaum then analyzes the criminal file presented by the prosecution including witness statements, the identity and background of the alleged victim, police reports, tape recordings if any, 911 calls, photographs, and the evidence seized or gathered by the police.
The most common defenses that attorney Pflaum may successfully invoke on behalf of his client include the following.
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 not believable, or there are circumstances that make their claims incredible.
It is always wise to examine closely the witness statements and the background of the complaining witness. Often times the statements of a witness show that there are problems with the believability of the witness.
There may be a defense built around the lack of credibility of the alleged victim since the background of alleged victim may show previous false claims, a claim based on a lawsuit to collect money, or some other reason for which the alleged victim should not be believed.
Another defense to some sex offense charges is consent. A person’s willingness to participate in sexual activity may be a complete defense in certain circumstances.
Another example of a defense is lack of evidence or sufficient proof.
Some cases rely on testimony of undercover police officers or secret tape recordings which might show that the accusations are not provable in court.
Some cases rely on medical examinations of the alleged victim which medical records are inconclusive.
Tape recordings and video evidence can also be used to prove the defense of entrapment, meaning that the accused did not initially have the criminal intent to commit a sex crime.
An alternative method to resolve an accusation of a sex crime is by way of a plea bargain. A plea bargain is an agreement between the prosecution, judge, defense lawyer and client to eliminate or reduce the charges, avoid or minimize the amount of time in prison and jail, or alternatives to custody, and when possible the elimination of the legal requirement to register as a sex offender pursuant to Penal Code section 290.
Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, medical records, videos, photographs, tape recordings, forensic evidence, and witness interviews to develop the strengths of a case.
By the same process the effective criminal defense attorney develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, an incomplete investigation, inconsistent statements by the alleged victim or witnesses, missing or inconclusive evidence, and faults in the forensic evidence.
If the plea bargain offer is accepted by the client and his defense attorney, the case proceeds to sentencing in accordance with the plea bargain. If the plea bargain is not accepted, then the client and the defense attorney continue to aggressively defend the case as it heads towards a trial.
Some cases, depending on the client’s preference and the state of the evidence, may proceed to trial. The best defense at trial depends upon the exact type of sex crime accusation, the state of the evidence, the witnesses, the identity and background of the alleged victim, medical records, whether the client will testify, and the forensic evidence.
THE VISTA SEX CRIME DEFENSE LAWYER DEDICATED TO CLIENTS
Defense lawyer David Pflaum understands the needs of his clients. He has a long record of experience and dedication that makes a real difference them.
(760) 806-4333
* * *
COMMON SEX CRIME CHARGES
Sexual Battery, Penal Code section 243.4
Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.
Rape, Penal Code section 261
Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another, or where a person is incapable of giving legal consent because of a mental disorder, developmental or physical disability, or is in state of unconsciousness.
Statutory Rape, Penal Code section 261.5
Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is a person who is at least 18 years of age.
Lewd Act on Child, Penal Code section 288
Any person who willfully and lewdly commits any lewd or lascivious act, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
Contact or Communication with a Minor for Purposes of Engaging in Lewd and Lascivious Behavior, Penal Code section 288.3
Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit a sex offense involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense. Contact or communication with the minor can be personally, by mail, phone, computer, or any other means of communication.
Arrangement of Meeting with Minor for Purpose of Engaging in Lewd and Lascivious Behavior, Penal Code section 288.4
Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.
Solicitation of Prostitution or Engaging in 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 crime is very common, especially when the police set up sting operations designed to bust as many people as possible. There are usually witnesses, tape recordings, and legal issues involved in these types of cases that a skilled attorney may use to benefit his client.