San Diego Criminal Lawyers Blog

October 3, 2025

Bail Hearings and More

After an arrest, anyone could be worried about the possibility of a lengthy jail stay while awaiting trial. It is important for you to make immediate contact with the aggressive and experienced legal team at Boertje & Associates. Our attorneys will fight for pretrial release. Having an attorney who can think on his or her feet, develop a convincing legal strategy, and articulate the points of your defense well is critical going forward.

What is Bail?

After an arrest, the arrestee is allowed to appear before a judge within 24 hours. At that hearing, there is a chance that the judge will give a defendant the opportunity to pay a set amount of money or establish a property or commercial surety bond in exchange for a pledge to appear for scheduled court dates. It is the best way to avoid pretrial confinement. If you are granted bail, your attorney from Boertje & Associates will put you in touch with reputable companies that can assist with bail.

Judge May Consider Multiple Factors

At the hearing, the defense attorney must ensure that all relevant factors are weighed as the court makes a judgment regarding pretrial release. Issues under consideration may include:

The type of crime being prosecuted;
The circumstances of the arrest;
The defendant’s employment status;
The defendant’s links to the community;
The defendant’s history of criminal activity;
Character issues;
Financial issues;
Safety concerns;
Recommendations from opposing counsel and from the defense attorney.

What to Expect at a Bail Hearing

The purpose of the bail hearing is to determine whether it is appropriate to set bail in the case or whether the accused should be released on their own recognizance. Your attorney should have already reviewed the charging documents with you and discussed the plan to address the situation.

At this time, the merits of the case will not be argued, although in some cases an attorney may claim that there was no probable cause for the arrest to begin with. If the judge believes otherwise, several other important decisions will be made as to the progression of the case.

Challenging Probable Cause

If you have been accused of a felony that cannot be heard in District Court, you may choose to have a preliminary hearing, which your attorney must request within just 10 days of your appearance before a commissioner. At the preliminary hearing, State witnesses will be questioned by your attorney to determine what evidence has been collected against you. This will, in all likelihood, be the last chance for a defense attorney to argue that there is no probable cause and that the charges should be dropped. If that does not happen, the case will be moved to the appropriate court. Depending on the situation, the defendant will need to determine, in consultation with the defense lawyer, whether a judge or a jury trial would be best. Continue reading

September 26, 2025

Understanding Grand Jury Indictments

by David M. Boertje

If you have been indicted for a federal crime, or with any capital crime or felony at the state level– you likely have questions about the grand jury process. It is a procedure that is cloaked in secrecy, making it something of a mystery to the public. While we hear terms like “grand jury” and “indictment” in relation to high-profile cases, making sense of the terms when they directly affect you can be seriously troubling.

Understanding the Role of the Grand Jury

A cross-section of adults living in the area where a purported crime occurred will comprise any grand jury. Randomly identified individuals are notified by mail that they’ve been called to serve. Police and/or other investigative bodies have already delivered evidence to a prosecutor, who will then present that evidence—including documents, witness testimony, and more– to the grand jury. At the conclusion of this presentation, the jury will weigh the evidence and decide whether the prosecutor has demonstrated that the crime occurred at the hands of the accused. To put it more succinctly, they will decide if there is probable cause to justify bringing the case to trial.

The Indictment

If the grand jury finds that there is probable cause to charge a suspect on one or more counts, they will indicate so by providing an indictment – a formal finding–to the prosecutor. At that point, the prosecutor must either elect to pursue the case in a trial, use the indictment(s) to pressure a suspect into cooperating in a deal that provides immunity in exchange for testimony against someone else, or drop the case altogether.

Grand Juries Differ from Other Juries

Grand juries are made up of everyday citizens who are arbitrarily selected, just like other juries. Still, they differ from other juries in many important ways:

Grand juries are undisclosed until after an indictment is delivered, with the public—and the suspect– typically unaware they are meeting.
Anywhere from 16 to 23 people typically serve on grand juries, higher than in criminal cases.
Grand juries are tasked with deciding whether there is enough evidence to support bringing the case to trial, as opposed to criminal juries, which are charged with determining innocence or guilt.
There is no defense presentation for a grand jury, as it is not a trial.
Criminal juries must unanimously find guilt beyond a reasonable doubt, while only half plus one is required to move the case to trial in a grand jury (a much easier standard to meet).
A defendant attends a criminal trial but is never present for a grand jury proceeding, as he or she is not even aware that a grand jury is looking into them until after there is an indictment.
Unlike typical juries, the grand jury can call witnesses with the help of the prosecutor,
Because a grand jury proceeding is not a trial, double jeopardy does not apply; therefore, if there is no indictment, the prosecutor can always gather more evidence and try again with a new grand jury in the future.

September 19, 2025

Charges of Violating a Protective Order

by David M. Boertje

If you have been accused of violating a protective order, you are not alone. Studies indicate that half of all survivors of domestic violence who have obtained protective orders in the country report their abusers violate those orders, with a result of escalating violence. When those orders are violated, survivors say nothing happens to abusers when the violation is reported to authorities. While that may be the case in some states, in California, the legal consequences for violating a protective order are significant.

Protective Orders

A protective order can be issued in a civil court in an attempt to protect applicants from harassment and harm from another person. An Emergency Order may be granted if the alleged victim of a crime calls 911 and requests help, and typically lasts no longer than one week. If the defendant is ultimately arrested and charged with a crime, a judge can issue a Criminal Protective Order, which is designed to protect alleged victims of domestic violence and witnesses. A restraining order might also be issued, which orders the accused to stay away from the victim while continuing requirements to pay child/spousal support.

September 12, 2025

Questions to Ask When You Need a Criminal Defense Attorney

by David M. Boertje

If you have had a run-in with the law, make no mistake: hiring the wrong criminal defense attorney is a regret you will carry long into the future. You want someone whose communication style fits your own, and who can help you to understand exactly what the strategy is, what your role in decision-making will be, and any potential outcomes. You need someone who is ethical, hard-working, and creative as they attack your issues. It is certainly worth your effort to find out about any potential firm that may be representing you, and it is easy enough to do with just a few simple questions.

Have you been practicing law for very long? Are you someone who is knowledgeable about not only the law itself, but who is familiar with the legal community, procedures, and customs in the area?
Have you been involved in cases comparable to mine previously? If so, will that experience impact how you choose to handle my case?
Do you have any referrals I can check?
How do you define success, and what’s your success rate?
How many cases have you taken to trial, and how many have you settled out of court? Are there benefits to plea deals, or am I better off fighting for a favorable verdict in court?
What will you expect from me throughout this process?
What are the best and worst scenarios for me? Will you be optimistic and fight for me, but also be straight with me if the news is unpleasant?
Are you familiar with the judge who’s been assigned to this case? What is your take on the judge?
Are there diversion programs that I might be eligible for? What are they like? What can you do for me in that regard?
In a trial, would you support my testifying in my own defense? What factors go into that kind of decision?
While you are working on my case, how often will you be updating me? How should I get in touch with you?
Will you, personally, be working on my case, or will it be assigned out to less experienced attorneys?
While awaiting trial, what should I be doing to improve my chances?
How long do you anticipate this will take?
What is this whole thing going to cost me? Are there payment plans? Are there any fees for the initial consultation?

September 5, 2025

Law Enforcement Accountability

by David M. Boertje

Are police accountable when misconduct occurs? Police have difficult jobs, there is no question about it. They deal with dangerous criminals and have to make weighty decisions in the blink of an eye. Monday-morning quarterbacking their decisions has become a national pastime for some, and they know they can expect cell phone footage to accompany effectively any police action. The gravity for good cops to serve and protect is phenomenal. But what about cops who are not-so-good? Anyone paying attention in the past five years or more has seen the videos and heard the tales of officers who brutalize their fellow citizens, often with little or no consequence for their actions. Why do so many cops, local and federal, get away with mishandling people with mental health disorders, people of color, juveniles, and other individuals who pose only minimal risk to the community or the officer? Many specialists on the subject believe that immunity and modern politics play a significant role.

Financial Accountability?

Officers sometimes face civil penalties for their actions. But one study demonstrated that more than 99% of the damages forked over to plaintiffs in lawsuits going back to the 1990s were not paid by the officers themselves, but by the government—meaning your tax dollars were at work protecting known rogue officers. Even in situations where officers were fired or were otherwise disciplined for misconduct, this is the case. Financial culpability is just not a reality for officers when they are found guilty of engaging in wrongful conduct, and history shows that to be true in cases ranging from obstruction of justice to actual murder charges. That is largely because of indemnity policies protecting officers.

August 29, 2025

Defending Against Charges of Date Rape

by David M. Boertje

When someone is accused of acquaintance rape, or date rape, the charge is exactly the same as for any other rape. The fact that the parties knew one another is beside the point. A guilty verdict could result in prison time and having to register as a sex offender. The reputational damage, along with the emotional toll these charges take on a person, cannot be overstated. These are consequences no one wants to live with. If you are facing such charges, you need a no-nonsense criminal defense attorney fighting for your rights.

First Things First

It is a good idea to hire an attorney the minute you realize there could be a legal issue—even before charges are filed. That way, you will have someone by your side who understands the law and who can guide you when it comes to answering questions, submitting evidence, and more. Additionally, it will be necessary to take some additional steps:

Get off all dating sites. Do not communicate with anyone through such a site, the accuser in particular. The problem with these kinds of “blind” communications is that you cannot ever know if the person inquiring about you is an innocent individual who happened to like your profile, or if it is a friend of your accuser who is trying to get some dirt on you.
Do not discuss the case with anyone. The only person who is protected by the attorney-client privilege is you. Friends and family could be compelled to elaborate on anything you say to them in a courtroom.
Assuming both parties stipulate that there was a sexual encounter, DNA evidence will likely not be a major factor in the case. The issue at hand will be whether the sex was consensual. If the victim had an examination, often referred to as a rape kit, we will carefully examine the results, looking for any physiological evidence that might be consistent with your accuser’s claims.
If there was no physical examination, the case will rely more heavily on witness statements and circumstantial evidence. Typically, there are strong protections for alleged rape victims, and it can be difficult to bring up previous actions or relationships.
We will analyze the circumstances and try to determine if there was a misunderstanding of some kind or if your accuser is overtly lying. We will look for omissions and inconsistencies in the accuser’s story and highlight those issues in our defense.

August 22, 2025

White-Collar Spouses are Victims, Too

by David M. Boertje

The price of white-collar crimes reaches trillions of dollars in this country each year. Commonly, the charlatans involved in these crimes—3/4 of whom are men—are married, and are operating their shady transactions unbeknownst to their spouses. Then, out of the blu,e an indictment appears and all Hell breaks loose. Despite their innocence in the situation, spouses tend to pay a hefty price for their spouses’ misdeeds. And while both men and women find themselves in this quandary, far more women share the consequences of their husbands’ illegal activities than men.

Paying the Price for Being a White-Collar Wife

Just because wives are unaware of and do not participate in the crimes for which their husbands are being prosecuted does not mean the women are afforded release from the painful consequences. The surprise of the charges leads many spouses to panic, and as their beloved is handcuffed and sent away to a federal prison, bewildered spouses are left to deal with the disarray of the family while facing potential financial devastation and figuring out what comes next. The long arm of the law, it seems, reaches innocent families of convicted felons, and there are virtually no resources to assist those families as they navigate a bewildering and wearisome future.

Facing the Facts

The devastating news that your spouse is being prosecuted may come alongside claims of innocence and appeals for understanding. But you need to appreciate that no fewer than 95% of white-collar indictments lead to a guilty plea, so holding your breath in the hopes that a not guilty verdict is on the horizon is likely wishful thinking. At this point, you need to think about protecting yourself and your interests. What does that mean?

Number one: It is essential to get your own hard-hitting criminal defense attorney who will be focused on protecting your rights!
If you want to protect your assets—and you certainly should–getting a divorce may be one of the first things you should consider. Otherwise, community property may be seized in order to punish the offender (and you, by the way) or to pay restitution. Although it may be a grim decision to have to make, it will be best to address this early so as to give yourself a decent chance of keeping your half of the assets.
You will be responsible for half of the tax debt on any ill-gotten gains if you file taxes jointly. Don’t do it. While you are at it, avoid any other legal complications the second you discover that your spouse is under investigation. Sign nothing.
Don’t create new accounts for yourself or anyone else, and do not move assets around once you learn of the investigation. It will make you look like you are up to something untoward. All financial transactions—legitimate or not—will be dissected thoroughly. Don’t do anything that could be construed as an attempt to hide assets.
Be aware that even though conversations with your spouse are protected while you are married, a shrewd official could still attempt to get evidence from you. Avoid this by evading conversations with law enforcement and/or investigators until your attorney is present.
Be aware that although your conversations with your spouse are protected, any conversations that occur after the divorce are not, so take heed.
Never discuss the case with others because, lacking marriage confidentiality, your friends and family will not have the right to refuse to answer questions. And it goes without saying—keep the matter off of social media.
Assume that your phones will be tapped. It is perfectly legal if the feds got a warrant to listen in on your spouse.

August 15, 2025

Just Say No to Police Dogs

by David M. Boertje

Fourth Amendment protections guard Americans from unreasonable searches and seizures. However, the use of dogs in helping to conduct searches for contraband and drugs is quite common throughout the country. That is where the potential for violations of these protections can become a serious issue.

Traffic Stops

Police dogs are often used during traffic stops. To be clear, police are required to have a legitimate reason to stop a vehicle in the first place, such as witnessing an improper lane change, for example. You can be pulled over and issued a citation, but they must have probable cause to believe you have committed a crime or see evidence of a crime in order to search the vehicle without your permission. In other words, without your consent, they cannot search, and a dog cannot even circle the outside of your vehicle. Additionally, police cannot force you to wait around longer than necessary in order to get a dog to the scene, and they cannot use the dog to obtain probable cause of a crime without your advance consent.

If an officer reasonably believes that there are exigent circumstances, they can prolong your stop. That would mean there is evidence to suggest:

You have a weapon on your person or within arm’s length;
You are likely to destroy evidence of a crime.

How Accurate are Dog Searches When they Occur?

In a study conducted by the Chicago Tribune, researchers concluded that just 44% of dog alerts led to findings of drugs or drug paraphernalia. However, in the case of Latino drivers, the accuracy rate for the dogs dropped to a ridiculously low 27%. Both statistics are alarming, and the discrepancy amplifies concerns. What could be the reason behind this inconsistency? It is illogical to think the dogs could be racist! Dog experts believe the problem lies with the handlers, who can inadvertently or intentionally miscue their dogs when they take them around a vehicle too frequently or too slowly. When handlers are more suspicious of particular individuals, the dogs could be given indications that they should alert.

At Your Home

Privacy protections in your home are guaranteed by the Fourth Amendment, as well. In order for police to bring a dog to your home, they must have probable cause. The dog is not allowed at your door or on your porch or unless officers have a warrant, probable cause, or your consent.

Airport Sniffers

In an airport, it is not considered a search when a police dog sniffs luggage randomly, and officers have no need for probable cause when bringing dogs through. There are several types of screening dogs that are commonly found in airports:

Drug-sniffing dogs in search of narcotics;
Bomb-sniffing dogs in search of bomb components, C-4, and TNT;
Dogs searching for agricultural contraband such as banned foods and/or invasive species.

August 8, 2025

Defending Federal Charges of White Collar Crime

by David M. Boertje

White collar crimes may seem somewhat innocuous because they are not violent. Nonetheless, they do cause considerable harm. That’s why the government tracks such cases and charges them eagerly. These offenses rely on deception and abusing others’ trust. When this activity crosses state lines or occurs on federal property, it becomes a federal crime, which must be investigated and prosecuted by the IRS, the FBI, and/or the Securities and Exchange Commission (SEC). If you are facing federal white collar crime charges, you need a practiced criminal defense attorney on your side looking out for your rights.

Some Common White Collar Crimes

There are multiple crimes that fit into the category of federal white collar crimes. Some of the most common include:

Bribery: Exerting influence on individuals in positions of power or trust with monetary inducements;
Wire fraud: Using electronic systems such as the internet, email, etc., to engage in fraudulent activities for financial gain;
Mail fraud: Using the U.S. Postal Service in the furtherance of fraudulent actions;
Embezzlement: Misappropriating the belongings or monies of unsuspecting individuals.

The Federal Whistleblower Pilot Program

A Corporate Whistleblower Awards Pilot Program has been started up by the Department of Justice (DOJ). Through it, whistleblowers are encouraged to report fraudulent activity, and, if the information they provide leads to a conviction, they may eventually be rewarded with a portion of forfeited assets.

Penalties

The financial devastation that occurs after being duped by a white collar criminal is crushing for both individuals and businesses. This country says goodbye to over $300 billion annually due to these crimes, which makes prosecutors determined to get convictions for them. There is a range of penalties for a guilty verdict, which become more serious as the degree of financial harm rises. They include any combination of the following:

Home detentions;
Community confinement;
Supervised release;
Responsibility for the costs of prosecution;
Restitution for victim’s losses;
Fines;
Property related to the illegal actions being forfeited;
Imprisonment.

Defending Charges

Your experienced and knowledgeable defense attorney will examine the case against you and decide on a defense strategy that may include, among others:

Arguing that you, too, were conned by others and were unaware that a swindle was occurring;
There was no proximate cause;
You had no intention of defrauding others.

August 1, 2025

Defending Charges of Sexual Abuse of a Child

by David M. Boertje

It is tough to imagine a more sinister crime. In a criminal case alleging child sexual abuse, public sentiment is essentially guaranteed to be against the defendant, which is just one of the reasons that these kinds of cases are innately difficult to fight. For the person on trial, the unqualified trepidation associated with the charges and trial is logical. A defendant’s life will never be the same—the verdict notwithstanding. Being accused of child sexual abuse or exploitation— whether it’s viewing or filming pornography, lewd acts, incest, or actual assault of a child— will have grim consequences delivered by society, regardless of whether a legal penalty is deemed appropriate.

The Challenges of These Cases

The cases themselves contain vile details that elicit a strong reaction from the public, who simply cannot conceive of a child fabricating such a tale. Most of the time these cases are based primarily on what a child reports, and, because a huge portion of such cases are reported long after the alleged abuse occurred (the law allows plaintiffs to initiate a case up to the age of 40 for childhood incidents, or within five years of suffering psychological injuries), there is often literally no forensic evidence available to imply guilt or innocence. Additionally, there is generally no eyewitness testimony to support claims of criminal acts. Even though these cases rely heavily on personal recollections and circumstantial evidence, defending someone facing these charges is extremely difficult due to the nature of the charges and the reasonable obligation to shield innocent children. This leaves defense with three key points to examine:

1- Whether Plaintiff’s Claims are Plausible

The defense must attempt to create reasonable doubt as to the likelihood that the events occurred as reported. That will entail reconstructing the timeline of events down to the last detail and attempting to provide autonomously-verifiable facts to support the defendant’s version of events. It will require a search for records to confirm that the defendant was in a different location when the alleged crime occurred or other evidence to create doubt in the jurors’ minds. Phone records, receipts, credit card statements, and events around the time of the accusations should be examined to see if they can implicate innocence.

2- Whether the Witness is Credible

The defense must examine any inconsistencies in the plaintiff’s statement by communicating with anyone possible to get an image of the child’s personality. Friends, neighbors, teachers, and others may be able to shed some light on the conditions of a child’s life at the time of the purported crime. The defense may be able to utilize facts about the child’s home life, including aspects related to conflict, the need for attention, and so on. They will also conduct an investigation to discover whether the child was ever involved in any episodes of dishonesty about serious matters, and to see what, if anything, an examination of social media reveals. Does the plaintiff discuss the accusations? Is there a tendency to seek attention or exaggerate? All of these issues will be examined.

3- Whether an Event was Misunderstood or Misinterpreted

Although a person may honestly and credibly believe that something inappropriate occurred at the hands of the defendant, is it possible that the plaintiff’s view was contaminated by someone else who has leaned into the idea that the defendant committed a crime? While the complaint itself may be delivered truthfully, is there a possibility that what occurred has been misinterpreted, exaggerated, or otherwise shaded by the impulses of someone else who was not present for the event in question? Is there a possibility that the memory of events could have been influenced by others? A nasty divorce, for example, could feasibly be a factor in such accusations made by a child. Memories from long ago could be muddled with other facts. Did the plaintiff receive counseling in advance of the accusations? After the allegations? What could that mean for the veracity of the claims? Continue reading