San Diego Criminal Lawyers Blog

February 20, 2026

Your Rights Regarding Federal Search Warrants

What could be more menacing than having a group of federal officers arrive at your house with a warrant demanding entry so they can conduct a search? These incidents occur all the time with little or no notice, after federal agencies conduct investigations, and people get caught up in the net. Now, more than ever, you need an experienced criminal defense attorney by your side protecting your rights.

What are Your Rights?

The Fourth Amendment offers clear and reliable protections for anyone facing federal searches, and those protections include the following:

The right to remain silent: You are under no obligation to tell agents a thing, and it’s wise to zip up because anything that you say could wind up causing problems for you down the road. Silence is your friend in this situation.

The right to an attorney: Federal agents are allowed to proceed with their search prior to the arrival of your attorney. That means it would be in your best interest to make a quick phone call to your lawyer. Ultimately, your legal counsel can work to keep the search within the scope of the warrant.

The right to read the warrant: In the event agents fail to produce a warrant, they cannot conduct a search. Immediately obtain a copy of any warrant, read it, and monitor whether agents are at the right location, know the specifics of where they can look, and know what they are looking for.

The right to watch the search: If agents try to force you to wait outside while they go through your home, tell them you are asserting your right to observe their search. As long as you’re not obstructing the officers, you have every right to be there.

The right to have your property protected: Agents are not allowed to tear apart your house unnecessarily and damage your property during the search.

The right to be protected from overreach: Any federal warrant will have clear parameters, and officers are not allowed to search beyond those limitations without your permission, which you are under no obligation to give. If officers are looking for stolen gold bricks, it’s not reasonable for them to search your medicine cabinet, for example.

The right to record the search: You have every right to videotape the search, or, at the very least, take notes during the search—as long as you do so without getting in the way of their work. This documentation could prove useful if undue damage occurs or there are other issues that come up. Continue reading

February 13, 2026

Child Abuse or Child Endangerment Charges

by David M. Boertje

If you have been charged with a crime related to children, you probably already know that you are looking at some serious scrutiny and condemnation. That is why having a hard-hitting and proficient attorney fighting for your rights is essential.

Understand the Charges

The charges of child abuse and child endangerment are very different. Child abuse refers to intentionally inflicting physical, sexual, and/or mental abuse on a child. On the other hand, child endangerment is a matter of exposing a child to potential harm, even if no harm was intended. Endangerment charges may be filed even if actual physical harm to a child did not occur. Rather, it is a matter of potential danger.

Examples of Abuse

Child abuse may occur in many ways. Criminal charges could be filed for any of the following:

Causing physical harm to a child by hitting, kicking, or otherwise inflicting pain;
Intentionally withholding food or care, restraining, or caging a child;
Withholding essential medical care;
Demeaning, bullying, harassing, or otherwise inflicting emotional trauma on a child;
Neglecting the basic needs of a child.

Examples of Endangerment

Like child neglect, child endangerment is a matter of risk of harm to a child related to being put in harm’s way. It occurs under various circumstances, some of which include:

Driving while inebriated or under the influence of drugs when a child is in the vehicle;
Leaving a child in a hot car while doing errands;
Keeping a loaded firearm within reach of a child;
Leaving a toddler in the bathtub unattended;
Sanctioning the use of drugs or alcohol for minor children;
Leaving young children unattended for long periods of time;
Failing to seek medical treatment for a sick or injured child.

Whether you are the parent or not in these situations, you could be arrested for child endangerment if you were responsible for situations like these.

Penalties

The penalties for these crimes are significant and vary depending on the circumstances and previous offenses. At a minimum, a conviction could land an offender behind bars for up to one year, and at a maximum, for six years. Enhancements and related charges could add several more years to a sentence. Issues considered in sentencing include:

The age of the child;
Whether a traumatic injury occurred;
Whether there have been previous convictions of a similar nature.

Potential Defenses

Defending these charges in California can be a challenge because they are so emotionally charged. The public and the courts alike take child safety very seriously. Possible defense strategies may include:

The crime did not happen;
The crime did occur, but someone else was responsible;
Something happened, but not what has been charged.

February 6, 2026

Was it a Crime of Passion or Just Plain Old Murder?

by David M. Boertje

An offense committed in the heat of intense emotion, such as rage, despair, or jealousy, is sometimes called Crime passionnel and more commonly referred to as a crime of passion. That emotional surge presumably affects a person’s capacity to think lucidly and wisely. It is a concept with well-defined parameters in the legal world, and could mean the difference between being convicted of premeditated murder or the lesser charge of manslaughter.

Provocation is Key

Crimes of passion are always provoked and occur with no foresight and with no time to cool down. Liability and penalties, though not entirely eliminated, are often reduced because the criminal activity was not premeditated. The common example of coming home to find your spouse in bed with someone else is the classic case that demonstrates how enraged one might be, making their actions somewhat more understandable. The legal principle is based on how a reasonable person might act at the height of this emotion. To be clear, the crime of passion defense is certainly not an attempt to pardon the individual of all wrongdoing; it is simply a way contextualize the crime and to help jurors relate to the situation in the hopes that it will result in a lesser sentence.

California Statute

Every state handles crimes of passion slightly differently. Here in the Golden State, California Penal Code Section 192(a) actually calls out the crime as a voluntary manslaughter that occurs during the heat of passion following significant provocation. The standard of proof, as in most states, is whether the defendant acted as a reasonable person might under similar circumstances. The crime must occur directly after the incitement, with no time in between to think about the situation or weigh response options. The resulting penalty could range from three years in prison to 11 years.

Less Egregious than Murder

In contrast to a crime of passion, a second-degree murder conviction, one that may not have been premeditated or even that occurred in a turbulent moment of passion, but that occurred with malice, could result in fifteen or more years of imprisonment. First-degree murder– one that is a premeditated and deliberate killing– could put a perpetrator behind bars for a lifetime. Under California’s three-strikes law, sentences can be doubled for a third strike. Continue reading

January 30, 2026

Tracking Systems that Follow Americans

by David M. Boertje

Although most Americans understand that surveillance techniques are becoming more common every day, most are likely not aware of the lengths to which the government goes to track us. The truth is, government tracking occurs more frequently and, in more ways, than most would guess. Incredibly, it is often a matter of large-scale efforts, aerial and physical surveillance, and even biometric data that can impact us all. Why all the data collection? Government agencies such as DHS, NSA, FBI, and CIA say crime prevention and national security require it.

Some Specifics

Internet searches, browsing patterns, messaging, and more are available for mass data collection. Under the Foreign Intelligence Surveillance Act (FISA), phone metadata that travels through undersea cables and internet hubs is accessible without a warrant when that data interacts with foreign entities. Thus, the government can identify the numbers called, as well as the location and duration of calls. Government agencies also use cell-phone data for geolocation on a large scale to determine who was in the vicinity of a crime. The facts around surveillance in this country are disquieting:

Literally hundreds of millions of American citizens have had their data collected by the Intelligence Community. Mass surveillance operations include efforts to follow texting patterns, listen in on phone calls, and eavesdrop electronically.
Some federal agencies oversee numerous social media platforms that typical Americans interact with daily, from X to Facebook and beyond.
Aerial surveillance by drones or manned aircraft allows arbitrary mass surveillance of rural and/or urban areas. This is particularly worrisome because there are very few privacy protections on the books in this area. Along with high-resolution cameras being utilized, there are drones with license plate readers, facial recognition technology, motion detectors, infrared cameras, and heat sensors.
Automated license plate readers (ALPR) are ever-present these days, and the data from Flock, the company behind the readers, is available to basically anyone who wants it. Recently, much of this information has been used to identify the movements of immigrants in the country.
Government entities also purchase personal information from data brokers, which is a simple and fast way to get personal information without a warrant.
Facial recognition technology (FRT) is operating in more and more public spaces as retailers opt for the ability to scan customers’ faces in order to hunt for alleged shoplifters and other individuals who have been targeted by law enforcement. BOLO alerts (be on the lookout for) from police are turning this type of surveillance into what some call a “mass surveillance machine,” one that is frequently misused, imprecise, and often is responsible for wrongful arrests.
All of these forms of surveillance are out there being used with regularity, oftentimes collecting data on innocent and unsuspecting individuals.

January 23, 2026

If ICE Agents Stop Your Vehicle

by David M. Boertje

Aggressive ICE tactics toward people who are in their vehicles have been hitting the news of late, oftentimes with disturbing video and witness commentary. We have observed officers blocking vehicles with their often-unmarked SUVs, smashing through car windows, dragging people from their cars, and, worse yet, shooting into vehicles. It has America feeling out of sorts, to say the least, and merits a review of the rights we all have—citizen or not–when it comes to being approached by ICE agents while in a vehicle.

As ICE Approaches

Immigration Customs Enforcement (ICE) officers have been observed swarming a vehicle, which surprises and overwhelms motorists. Even though a situation like this may be alarming, it’s wise to remain calm when interacting with these officers. Whatever they ask of you, it is important to assert your rights, even when it appears that officers are ignoring your words. It could later prove to be valuable in a legal case if things progress that far. Regardless of the situation, your citizenship status, and your race, you always have the right to remain silent and to request an attorney.

January 16, 2026

Fighting Charges of Domestic Terrorism

by David M. Boertje

Contemporary events in Minneapolis escalated rapidly when the conflict between ICE agents and protestors led to the deadly shooting of Renee Good, a woman who was accused of trying to use her car as a weapon against a law enforcement officer. That officer shot her in the head multiple times. Federal authorities were quick to label Renee Good as a domestic terrorist. If you find yourself in a similar situation and facing a similar label, here’s what you need to know.

Federal Statutes

Under federal law, domestic terrorism is any ideologically motivated violent or dangerous criminal act that is intended to coerce civilians or to influence government conduct or policy in this country. While no actual provisions specifically ban domestic terrorism per se, several federal statutes fit within the statutory definition. In a nutshell, domestic terrorism includes acts that endanger human life in violation of state or federal laws and that seem to be intended to:

Coerce/ intimidate civilians;
Sway government policies through acts of intimidation;
Impact government deportment with kidnappings, assassinations, or mass destruction.

Other provisions include the potential for charges for providing material support, which would include:

Being aware that one’s support will be used to commit terrorism;
Knowingly harboring a terrorist;
Knowing that the support provided will go to an organization with an official terrorist designation.

Additional federal charges related to domestic terrorism that have been used in prosecutions over time include:

Operating weapons of mass destruction, including chemical weapons, bombs, or bioweapons;
Crimes related to arson and/or explosives;
Attempting to or successfully killing a federal officer;
Destroying government property;
Using violence or threats to interfere with commerce;

Penalties

Unless an accused domestic terrorist is killed– as in the case of Renee Good–charges of domestic terrorism can lead to significant penalties:

The death penalty, or life in prison;
Public judgment and rebuke ;
Isolation;
Inability to provide for and interact with family.

Defending Charges of Domestic Terrorism

Prosecuting this type of crime requires a heavy burden on prosecutors. They are required to demonstrate the following:

The attack was planned in order to incite fear;
Threats and/or violence were used;
The act was politically or religiously motivated;
The incident targeted civilians or federal officers.

Charges may be levied even in the event a suspect never followed through with the terroristic actions, such as if a bomb was built but not actually used. Even threatening to bomb a bridge, for example, could result in charges. Aiding and abetting charges could land on anyone taking definitive actions to support the alleged terrorist.

Defenses might include a claim of mistaken identity or of false charges and could be bolstered by a strong alibi and evidence that the defendant had no ideological basis to be involved in the crime. Continue reading

January 9, 2026

What Happens at a Parole Hearing?

by David M. Boertje

Anyone who is serving a long prison sentence may eventually petition the parole board for early release. There are things that can be done in advance of this important hearing starting right at sentencing so that as the parole hearing date nears, one will have more confidence in the possibilities. Prisoners will be allowed to make a statement, as will victims. While there is no real way to impact what victims may say, a petitioner can surely take steps to make a good showing.

Showing Remorse

An important issue the parole board will be looking at is whether a prisoner’s remorse is sincere. They will expect a detailed explanation of the events leading to incarceration and will scrutinize prison conduct, including the programs and educational opportunities taken advantage of, as well as any negative incidents that occurred. This will all be indicators of personal growth, reform, and regret, or the lack thereof.

Having a Post-Release Plan

The board will also be interested to hear about intentions post-release. They will want to know whether the root causes of the criminal behavior have been examined and addressed. Their concerns will include future employment and housing plans, support networks, and the ability to avoid people and circumstances deemed dangerous to one’s ability and willingness to contribute to society while avoiding illegal entanglements.

Victim Impact

Victims will be allowed to make statements and send letters to try to influence the board’s decision, and the impact of your crimes on victims will be weighed, in addition to any details and special circumstances relating to the crime.

The Risk Assessment

A statistical calculation that looks at criminal history and other risk factors, such as substance abuse, education level, and job options, will be created based on all of this information. This risk assessment will use all available data to estimate the likelihood of recidivism—or reoffending. It is all thrown together to come up with a risk score to assist the parole board in balancing the value of granting early release against public safety considerations.

Following the Hearing

The parole board will consider the case in its entirety after the hearing to determine whether to grant a petition for early release. If granted, a release with severe supervision and clear expectations will follow, with total compliance expected in lieu of being returned to prison. If release is denied, reasons will be given, and reapplication may occur at a later date if certain conditions are met. Continue reading

January 2, 2026

Is a Polygraph a Good Idea?

by David M. Boertje

You are all about demonstrating your innocence, so when law enforcement asks you to take a polygraph test, it seems logical to comply. You have nothing to hide, after all. You couldn’t be more mistaken! There are lots of reasons to steer clear of lie detector tests.

Just Say No

Along with the fact that the results of your polygraph test will not likely be admitted in court, and the fact that a “conclusive” result showing you to be telling the truth will not persuade police to release you, there are some very compelling reasons to avoid taking one, including:

The police are not interested in helping to prove your innocence. If you are a police suspect, there are no laws or rules for police about lying to you in order to confuse or frustrate you. You may have passed with flying colors, only to be told by detectives that the test confirmed your guilt in the hopes that you’ll crumble and confess.
On the other hand, there’s the chance that you might actually fail the test. If the test indicates deception in the slightest, it might energize law enforcement to come at you even more vigorously.
Despite the results of the polygraph likely never making it into a courtroom, anything that you say can still be used against you, whether it was said in the pre-polygraph interview or during the test itself.
The tests are not considered reliable (thus the hesitancy of courts to allow test results as evidence). The machines used in polygraph testing measure a person’s physiological reactions to various questions—including heart rate, perspiration, and so forth. Is it conceivable that a person might experience changes in pulse, breathing, or perspiration simply as a result of their worry or apprehension? Do blameless people ever fail the test? Can guilty people who feel no remorse or who have psychopathic tendencies pass the lie-detector test? The answer to these questions is a categorical yes.
When you consent to take a polygraph test, you give up your Fifth Amendment right to remain silent. That, in itself, may be the biggest mistake anyone on the radar of law enforcement can make.

Instead…

There is no requirement that you take a lie detector test. You have no legal compulsion to agree to this law enforcement request, regardless of the amount of pressure exerted by authorities. A better option is to respectfully request to see your attorney. That is the one person who is guaranteed to be in your corner, irrespective of the circumstances or charges. When you are a suspect in a criminal case, your defense attorney is the person who can help you through every stage of your defense. Continue reading

December 26, 2025

Know the Terminology in an Investigation

by David M. Boertje

Following the horrific Brown University shooting spree, police quickly released photos of an individual they called a person of interest. Tips from the public led to a quick apprehension, and that man was held and released in a matter of hours. Just four days later, another video was released, with the expectation that the public could again assist law enforcement in getting in touch with this new individual, identified as a person of interest. It all resulted in lots of public dialogue about the mysterious person in the video and about what it means to be a person of interest.

Legal Terminology Worth Understanding: In terms of criminal law, most Americans are pretty well acquainted with much of the lingo thanks to the many TV shows and movies on the subject. But being aware of the language and truly understanding it can often be two very different things. Let’s take a look at some common terms used in the world of law enforcement:

A Person of Interest: Although it’s not a legal term, a person of interest is a casual reference to a person that law enforcement would like to talk to about the facts of a particular case. It’s a term that helps police and other law enforcement agencies to gather intelligence without the need to formally accuse that person. Additionally, police do not need probable cause, which is required to make an arrest. Eventually, that person may have information relevant to the case and might later become a witness, an accomplice, or a suspect.
An Accomplice: An accomplice to a crime is a person who intentionally aids and abets someone else in committing a crime. Generally speaking, the accomplice can be held liable for the crime even if they were not directly involved, which means they could wind up with the same punishments as the principal in the crime.
The Principals: The principal in the first degree is the person who actually committed the crime, while any accomplices who assisted or who were present are called principals in the second degree.
The Suspect: A suspect, unlike a person of interest, is someone who is believed to be guilty of a crime based on evidence collected by law enforcement. Typically, police have reasonable grounds to believe that the suspect is the person responsible for the crime, even if they do not yet have enough to formally charge that person.
Unsub: Unsub is another informal term that is shorthand for “unidentified subject.” It denotes a perpetrator of a crime whose identity remains unknown.
Perp: A perp is the person who actually committed the crime—short for perpetrator.

December 19, 2025

Getting into the Minds of the Jury

by David M. Boertje

If your future is in the hands of a jury, you are undoubtedly wondering what jurors think as evidence and witnesses are offered up in a trial. How supportive are they of a defense attorney’s argument? How influential is a specific piece of evidence? It is a multifaceted and ever-changing puzzle that attorneys are relentlessly working to predict and understand.

A Juror’s Background

Everyone is a blend of their history and experiences. Jurors come to the task with their own feelings, passions, and predispositions, and each piece of evidence in a trial will be filtered through those biases. Although jurors are instructed to reach their conclusions based only on the factual evidence presented in court, it’s impossible to know just how much power their backgrounds will exert on their thinking. For example:

Most people have preexisting views about the justice system, police officers, race, gender, sexual orientation, and more, even if that bias is not a conscious thing.
Financial standing, education, employment status, living arrangement, and even zip code can sometimes be a window into a particular person’s worldview.
Sometimes ,jurors may be experiencing personal stress in their personal lives that impacts their views and emotions.
Past experiences will have led to emotional inclinations or predeterminations for or against certain people or circumstances.
Some people may be deeply empathic and will sympathize so entirely with one party that they cannot view a situation with a logical perspective.

Cognitive Bias

Another aspect of the way jurors evaluate a case is the degree of cognitive bias. Some jurors may seize on evidence that validates their existing beliefs, while others may be heavily impacted by first impressions and be closed off to later revelations in a trial. Still others may zero in on a specific positive (or negative) quality in a person and be unable to see any other side to that person.

Voir Dire

The voir dire process is the opportunity for attorneys to select jurors for a particular trial. Lawyers for each side have the chance to question each potential juror, and they do so with an eye toward any bias that may impact a juror’s ability to weigh the evidence in an impartial manner.

What Impacts Thinking?

How can a juror’s mind be swayed? In addition to the facts of a case, the presentation style of attorneys is critical. Additionally, each witness will be viewed as either credible or self-serving. Finally, the deportment of the defendant will be scrutinized. In some cases, prior knowledge about a case will influence a juror’s thinking. In a best-case scenario, the judge’s instructions will have the weightiest impact and will guide each juror to a fair and impartial assessment of the facts, overshadowing any previous biases. Continue reading