Articles Posted in Criminal Defense

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If you think that you will get away with giving out services or products from your job without your employer knowing, you may have some success. But you also could face serious repercussions if you are caught. Any product or service that is worth more than $1,000 that you unlawfully provide to another party under the table could result in commercial bribery charges. This behavior is commonly called providing kickbacks. The state of California punishes individuals arrested, charged, and convicted of commercial bribery with jail time. 

To defend against bribery charges in California, you will need a knowledgeable and competent defense. David M. Boertje is a San Diego criminal defense attorney who has extensive experience helping individuals charged with crimes fight to overcome them and secure the most favorable outcome possible.

What Happens if You are Charged with Bribery in California?

When an employee knowingly takes a product or service to their own benefit without the consent and permission of the owner of the business they work for and offers it to another party this is considered bribery. It is not just the person who is fraudulently offering the valued product or services that can be arrested and charged. The parties that accept these products or services can also be arrested and charged.

For a commercial bribe to take place, an individual intentionally tries to insert influence with the goal of defrauding the business for which they work. Commercial bribery is considered to be a corrupt act and the value of the property that was used in the dishonest transaction will determine how severe the penalties are.

Products or services that are $1,000 or more can result in a misdemeanor-level crime. This crime comes with prison time that can be as long as one year. When the products or services are high-value, the crime can be moved up to the felony level. Felony bribes can put a person in state prison for up to three years.

Successfully combating bribery charges can be done with a targeted and strategic approach. A talented San Diego criminal defense attorney will be able to scrutinize your case and find areas that can be advantageous for your defense. Some of the arguments that could potentially be made include:

  • Your employer knew that the transactions were taking place.
  • You did not have corrupt intent when you were engaging in the transactions.
  • The amount of the product or service in question was under $250 and therefore does not incur criminal penalties.

The time spent behind bars and the establishment of a criminal record can be very damaging to one’s life after they serve their time. Being able to have your charges dropped, or at the very least reduced is the ultimate objective.  Continue reading

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The United States has an ethos that favors fairness, especially when it comes to the criminal justice system. While the criminal justice system is imperfect, it is based on the idea that a person who is charged with a crime is essentially innocent until it can be proven they are guilty. Known as the “presumption of innocence,” such an attitude aims to minimize the risk that people will be given unfair trials for their alleged crimes. 

People in the United States have certain fundamental rights, such as the presumption of innocence. If you were arrested and charged for a crime in San Diego or the surrounding areas, it is essential to get in touch with a criminal defense lawyer who can safeguard your rights and work diligently to secure the best possible outcome for your case. David M. Boertje is a San Diego criminal defense attorney that is dedicated to helping aggrieved people charged with crimes secure justice.

Interjecting Fairness Into Criminal Law

In the absence of the presumption of innocence, obtaining a fair and true outcome in a criminal case becomes much more of a challenge. The legal principle of the presumption of innocence makes it so that the state has the responsibility to prove the charges are correct and that the person is guilty of the criminal acts for which they are being tried.

In a civil case, the bar for showing that a person is liable for paying another for their damages is not as high as proving guilt is in a criminal case. To be convicted of a crime, it must be shown that a person is believed to have committed their crime beyond a reasonable doubt. If there is any doubt whatsoever, then thwarting a conviction is what should take place. 

Because the burden of proof is the job of the state, a defendant’s criminal defense counsel will try to combat any claims and evidence produced to instill doubt in a judge and jury. If the legal defense is strategic, detailed, and focused, this can be so. Simply being charged with a crime does not mean that there has been a conviction. The only time that a person will have a pronouncement of guilt is if the state successfully shows that culpability exists.

Another right that defendants have is that they do not have to produce information that could hurt their case. Defendants do not have to self-incriminate. 

Defendants also can answer questions or talk if they choose, but if they decide not to then that is well within their rights, too. Should a defendant refrain from speaking and remain silent, this is lawful. Additionally, staying silent is not an action that is supposed to mean that a person must be guilty. Many defendants are advised to stay silent and end up walking away from the court with a verdict of their innocence. Continue reading

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When a person is arrested and charged with a crime, developing a thorough legal defense can improve the chances of obtaining the best possible outcome in their case. While any defendant can choose to represent themselves without counsel, this route is seldom advised. Effectively resolving a criminal case for the benefit of the client is the goal and job of a criminal defense attorney. 

Finding a suitable pathway to the most favorable results is the preeminent objective of your attorney. Your attorney will defend your interests and rights, while lending counsel to advise you of your most advantageous options. Ultimately, though, you have the final say in what you choose to do.

How Attorneys Try to Secure the Best Outcomes for Their Clients

The way your attorney will attempt to competently resolve your case can vary. Some of the avenues your attorney may pursue include:

  • Your attorney may try to have your case dismissed. When the evidence clearly shows you are not guilty of the crimes you are charged with, your attorney can request that your case be dismissed. With sufficient grounds, the request may be successful.
  • Sometimes certain defendants are eligible for specific diversion opportunities. This could be counseling programs or other therapeutic and rehabilitative work that, if fully completed, may lead to the charges being dismissed.
  • Law enforcement has to follow specific guidelines and rules when they make an arrest. If there were violations of these procedures, your attorney will alert the court. A judge may review the information and determine that the case should be dismissed on the grounds of a violation of rights.
  • A plea bargain may provide the best path for minimal repercussions for an alleged crime. Plea bargains can allow a defendant to get their case either dismissed or their charges reduced.
  • If the case goes to trial, your attorney will compile as much evidence as possible to build a compelling case for your defense. In addition to strategic defense, your attorney will forcefully examine any witnesses brought against you. Your legal counsel will also make the case that the jury should at the very least have doubt about the charges and at best, believe that you are not guilty. When successful, the jury may decide that you are not guilty of your charges and then you will be free of criminal punishment.

When you work with a proficient criminal defense attorney, your lawyer’s objective will always be to have your charges reduced or dropped. Your attorney will fight to protect you and will look into many different strategies to help you overcome your charges. Continue reading

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Domestic violence charges can result from a wide array of actions. In California, the most common domestic violence charges are filed when one party physically harms another with whom they were intimate at some point. This type of corporal or physical punishment between intimate parties can have criminal implications if reported to law enforcement. Domestic violence charges in California can be at the felony or misdemeanor level.

Being arrested for domestic violence, even if you are not charged, can greatly damage your reputation and negatively impact your life for the long term. Such accusations can tear families apart and even have professional ramifications. Guarding yourself against domestic violence charges is incredibly important. If you were arrested for a domestic violence incident in the greater San Diego area, the San Diego domestic violence attorney at the Law Offices of David M. Boertje offers effective and strategic legal defense services that may help you secure the best possible outcome for your case.

Basics of Domestic Abuse in California 

Domestic violence is not just restricted to adult men; people of all genders and ages have the potential to harm a loved one. Also, abuse happens in every environment including those that are rural, in the city, or in the suburbs. Additionally, no one race is immune from domestic violence nor is any income level. 

The National Coalition Against Domestic Violence reports that as many as 20 people every minute will be a victim of domestic abuse in the United States. This means that over 10 million people annually will be the victims of abuse.

There are several contributing factors common in many domestic abuse situations: 

  • People who have witnessed abuse as a child can come to believe that is how to interact with others. 
  • Being a victim of abuse at some point in a person’s life can lead them to be abusive, too.
  • As a matter of routine, a couple may go through the progressions and stages of violence, cycling from calm to intense rage.
  • Individuals experiencing certain mental health issues may act out violently. Schizophrenia, depression, and post-traumatic stress disorder are a few examples.
  • Drug and alcohol use can cause a person to act differently when they have a substance in their system than they would if they were sober.
  • A person who was raised without examples and guidance on proper values may translate into an adult that is also unable to judge what is acceptable and what is not.

Every domestic abuse situation is unique, and the contributing factors will vary from couple to couple. 

If you are struggling with managing your anger, understanding why can make all the difference. There are programs and supportive resources that can help you cope with your internal strife. Looking at root causes and putting efforts toward getting better and changing behavior can not only keep you and your partner together in a healthy relationship, but it can also improve your overall quality of life. It can also keep you out of trouble with the law. Continue reading

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Wisconsin has been the center of media attention and unrest with the recent verdict of the Kyle Rittenhouse case followed by the Christmas parade that was terrorized by a motorist. According to reports, Darrel Brooks was charged with an attack on parade-goers who were attending a Christmas parade in Waukesha, WI. As a result of his arrest, he was held on bail at $5 million. On Tuesday, November 23, Brooks came to his first court appearance. 

What Was the Aftermath of the Massacre in Waukesha?

It has been reported that as a result of allegedly driving his car into a Christmas parade in Waukesha, WI, Darrel Brooks killed at least six people and injured 62 individuals. The state of Wisconsin does not have a statute for the death penalty, but each person who succumbed to their injuries will count toward a homicide charge. In Wisconsin, homicide can be life in prison with no potential for parole.

Brooks was stated to have a long criminal record before the incident in Waukesha took place. Even with police barricades set up, Brooks is said to have driven his car through the crowd that came to see the Christmas parade and participate in it. Two officers attempted, unsuccessfully, to stop the vehicle from mowing down the crowd. The vehicle that Brooks used was a red Ford Escape SUV.

When seen in his first court appearance, it was noted that Brooks appeared regretful and sad about his actions. Authorities have mentioned that the incident did not appear to be a terroristic threat.

Because his bail is so high, it is not expected that he will be able to pay it, and because of this, he is going to stay behind bars. Should a conviction happen, the most likely result is life in prison. 

There is no doubt that Darrel Brooks has a tall hill to climb to overcome his charges. While his case is egregious in nature, he still deserves his day in court. Having a smart and skilled legal defense may secure the best possible outcome. Often, the quality and experience of a person’s legal counsel are what makes the difference between the harshest penalties and those that are more sustainable.

If you have been charged with homicide in California, you may face many years behind bars if not life, and extremely high fines. Also, it is possible that victims’ families may bring civil suits against you and that can come with a hefty price tag if they win their case. The aftermath of a murder charge in California is very serious and can be life-altering. Having the right legal defense representing your best interests can be pivotal to how your case turns out. Continue reading

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If you were issued a restraining order in California, you are required to follow the guidelines set forth in that decree. Violations of these legal pronouncements are a crime, and because of this, jail time and fines could be the end result.

It is best to get in touch with a San Diego criminal defense attorney as soon as you can once charges are made that you violated your restraining order terms. The best way to counter your charges is to get a talented and knowledgeable legal professional on the case and in a position to best protect your interests. David M. Boertje is a San Diego criminal defense lawyer who has helped countless individuals facing criminal legal challenges overcome their situation and secure the best possible outcome. David M. Boertje can assist you with your specific legal predicament.

What Punishments Can Result From a California Restraining Order Violation?

Continue reading

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Prostitution is illegal in the state of California. Despite this, it is possible that if a person is arrested for prostitution, they may not be prosecuted. It is not just the person selling prostitution services who can be arrested and charged with crimes, the buyer of such services can also be arrested. “Johns” may also face harsh criminal penalties if convicted of soliciting sex services.

If you have been arrested for a sex crime, either selling or soliciting sex services, you will need a skilled criminal defense attorney protecting your interests. Since law enforcement engages in sting operations to identify sex workers, but mainly their customers, being caught engaging in these illegal acts can have devastating results. Working with a San Diego sex crime defense attorney improves your chances of overcoming your charges and getting the most favorable results.

How Do Prosecution Stings Happen in San Diego?

Police officers in San Diego who are tasked with finding prostitution activities go undercover in many different ways including:

  • Posing as a prostitute on websites, chat rooms, social media, and other online forums.
  • Renting venues that are commonly associated with sex solicitors. Massage parlors are common.

Prostitution stings in San Diego have the main goal of identifying the people who are looking for sex services and willing to pay for them. If you are arrested for solicitation of sex services in San Diego and convicted, you can spend months in jail and pay heavy fines. With multiple solicitation arrests, you may be subject to an extended jail sentence.

It is necessary that the authorities show that a defendant had the intent to engage in a sexual act with another party and that there would be a transaction of some form of compensation for the sex. One defense available to a defendant is that they have been the victim of entrapment. Entrapment by police is different from simply being caught in a sting. If entrapment exists, it can make for a strong defense against solicitation charges.

Entrapment happens when a person is forced into committing a crime they had no prior desire to  commit. For example, if it can be shown that a defendant was tricked, intimidated, pressured, or was on the receiving end of other forceful acts to get them to pay for sex services, this would be considered entrapment. 

Law enforcement largely goes after solicitors more so than prostitutes themselves. This is because it is believed that if the demand for sex services is eliminated, the supply will disappear. Also, there is some belief that it is improper to punish someone for offering sex-related services. Amnesty International, for instance, believes that all sex services, both buying, and selling should be decriminalized.

Still, in some cases, prostitutes themselves are arrested and people who are shown to be their pimps can also be arrested. Continue reading

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You teach your child to avoid danger and to protect themselves when appropriate. You also teach them not to start fights or try to hurt other people. It can be quite confusing for kids. Across the country, fights and other violent acts are taking place in schools. The causes of these incidents can vary, but it is nonetheless a serious problem for all of us. 

In some situations, a person may engage in violence as a result of trying to defend themselves against physical harm by another party. If self-defense can be shown, the legal criminal implications will be much less than if the aggressive actions were intentional and unprovoked.

If your child was involved in a physical altercation in which law enforcement had to intercede, it is best to connect with an experienced criminal defense lawyer as soon as possible. If you believe that your child was the victim of an attack and acted in self-defense, it will take a proficient and knowledgeable legal professional to help make the case. David M. Boertje is a San Diego criminal defense attorney who can help your family should your child find themselves facing criminal charges.

Can Minors Plead Self-Defense?

When it comes to physical violence, there is assault and then there is the battery. California’s assault and battery definitions are not the same. The two are quite different. Assault happens when a person has the ability to inflict harm and attempts to inflict harm on another person. For example, if a person tries to push another party but no harm was inflicted, it can still be considered assault.

By contrast, battery takes place when someone attempts to harm another party and succeeds. So if the damage inflicted on another party did cause injuries and harm, then the crime would no longer be assault but rather elevated to battery.

When an adult is facing an assault and/or battery charge, they will be processed in the criminal justice system. The result is likely going to be some severity of punishment in the form of prison time and potentially a costly fine. Not to mention, the blemish on the person’s record will reflect poorly on them when they try to get a job, apply for a loan, or take part in other life opportunities.

For juveniles, though, the case is likely to be adjudicated in the juvenile court system. The main difference between the criminal justice system and the juvenile court system is that the former relies on punitive actions while the latter emphasizes rehabilitation.

As long as a young person under the age of 18 did not commit an egregious act that warrants the adult criminal justice system, they can get a second chance in the juvenile system. Though, if your child is convicted of assault or battery, their school may take action such as expulsion due to zero-tolerance rules. This is why having a skilled criminal defense lawyer advocating for your child is so critically important. Continue reading

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The statute of limitations for a crime is the length of time that a person can be charged with committing that crime. If the statute of limitations has passed, and no criminal charges have been made, prosecutors may try to still apply criminal charges. However, an experienced attorney will be able to defend against such actions if charges are brought about after the statute of limitations has expired.

When a crime is committed, law enforcement will investigate the incident. When the perpetrator or perpetrators of the crime are unknown, the police will be looking for a person of interest who may have committed the offense. 

Even if you are not an official person of interest, law enforcement may be an ongoing presence in your life. It is normal to feel distressed, anxious, and uneasy if your life is constantly being scrutinized by law enforcement. 

Similarly, if you were arrested for a crime, but the prosecution did not charge you, you would be let go. However, the prosecution may still believe that you have a connection to the crime, and if they want to charge you, they will keep on your case. This too is a perplexing and upsetting position for anyone.

When Does the Time Run Out for Law Enforcement to Charge Individuals With Crimes?

The classification of crime, whether a felony or misdemeanor, will impact the duration of time in which a prosecutor can bring charges. Once the police establish that a crime has taken place, the statute of limitation begins to toll. In California, misdemeanor crimes typically have a one-year statute of limitations, while felonies have three years. There are some deviations from this general rule, in which the statute of limitations has different time frames:

  • Assault and battery misdemeanors have one year while felonies have three years.
  • Theft crimes in San Diego are one year for misdemeanors and three for felonies.
  • Fraud of public money and any crime that has the death penalty, life in prison, or life in prison without parole have no statute of limitations.
  • Forcible rape has no statute of limitations.
  • Violent or forceful rape of a spouse has no statute of limitations.
  • Murder has no statute of limitations.
  • Gang rape has no statute of limitations.
  • Treason has no statute of limitations.
  • Aggravated kidnapping has no statute of limitations.
  • Felonies, where at least eight years or more behind bars can be assessed, have a six-year statute of limitations.
  • Making child pornography or not registering as a sex offender when a conviction exists has a 10-year statute of limitations.
  • Elder abuse has a five-year statute of limitations.
  • Various forms of fraud can have a four-year statute of limitations.
  • Medical professionals who have committed sexual crimes against their patients have a two-year statute of limitations.

Continue reading

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When you hire a criminal defense attorney after you are charged with a crime, the ultimate goal of your attorney is to get your charges dropped or secure a “not-guilty” verdict. To accomplish this, your attorney will comprehensively review your case and develop the most tactical and strategic plan to negotiate with the prosecution or persuade a judge or jury. If it is possible to avoid having your case tried in the first place, that is another angle that your lawyer may pursue.

There can be very serious implications to criminal convictions, such as extensive time in jail, costly fines, destroyed reputation, and missing time with your family. Having quality legal counsel improves your chances of overcoming your charges. Your attorney will employ specific methods and actions that will improve your chances of getting the best results.

Five Tactics That Could Beat Criminal Charges

The following tactics could be successful in winning your criminal case:

  • Simply because charges are made and a case is active does not mean that it will go to trial. There are many instances in which there are clear flaws in a criminal prosecution. A lawyer who identifies these issues can file a Motion to Dismiss your case. If there are established grounds for a case dismissal, a judge may grant the motion and you will be free from your charges.
  • If law enforcement did not have legitimate legal cause for stopping or detaining you, it is possible to file a Motion to Suppress. If your lawyer can show that the police wrongfully stopped you and detained you and the motion is granted, it is likely that the prosecution will back down and drop the case.
  • Your lawyer can break down the forensic test results and show that they cannot be trusted and were conducted improperly.
  • Finding mistakes on behalf of law enforcement and discrediting officer testimony.
  • Taking the time to scrutinize every piece of evidence and each detail of the case to show that you are innocent of the charges you are facing.

The quality of your legal counsel will weigh heavily on how successful and effective your defense will be. An aggressive, convincing, and experienced attorney who has a history of getting the best possible results will be your best choice. Skilled lawyers like David M. Boertje know what they are doing and can provide the peace of mind that they will work hard for you.

If your case can be concluded expeditiously and not be tried in court, you will save time, money, and be better shielded from public shame. It is incredibly important that you connect with a qualified attorney as soon as you can after your arrest. Continue reading

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