Criminal Defense

August 13, 2021

How Can a California Drug Conviction Affect a Teen?

It takes around 25 or more years for a human brain to become fully developed. While people can make bad decisions at any point in their life, younger, more naive children and teenagers are well-known for impulsivity and misjudgments. Some errors made at a young age are easily remedied, but others can impact the quality of life and a child’s trajectory forever. Underage drinking and trying drugs is something that most parents warn their children to avoid. While both can harm a teenager’s physical health and well-being, they can also lead to legal troubles.

The worst thing that can happen to a youth who is experimenting with drugs is to lose their life to drugs that are contaminated or from overdosing. Outside of the tragic loss of life from drug use, being arrested for a California drug crime is another potentially life-altering situation. Drug charges for teens are not just restricted to a certain demographic. Even the most well-off, college-bound teen could make a bad decision that results in legal implications.

How Can a California Drug Arrest Affect a Teen?

The outlook of a teenager’s life can be dramatically altered with just one drug arrest in California. If the teen was arrested for a drug crime and ultimately convicted of their charges, then this may impact their ability to get the funding necessary to go to college. These days, a drug conviction does not make it impossible to get student loans. However, the path to secure that aid comes with required actions on the part of the teen and because of this, the amount of time it could take to get a loan may be longer. Similarly, if aid was dispensed before the conviction happened, the teen may have to pay that money back.

A conviction for a drug offense may result in being denied acceptance to a particular institution of higher learning. If a teen is already enrolled in a course and they are arrested and convicted of a drug crime, disciplinary action by the school may take place. For teens already in college, access to a mentorship, work-study slot, internship, or other type of employment opportunity could be limited and extremely challenging to obtain.

It might not seem fair that one mistake can have such vast implications for the rest of a person’s life, but the reality is that in many cases, it does. This is especially true when it comes to errors in judgment that result in criminal convictions. Continue reading

August 5, 2021

Revenge Porn is Illegal in California

by David M. Boertje

It is easy to take pictures and videos of intimate moments between two people. Almost everyone has a phone on them at all times that is equipped with a camera and has video capabilities. Today’s most modern phones are so advanced, there are people who actually shoot professional movies with them. The act of taking a video or picture of a person engaged in sexual activity or without clothes on and then sharing it with others without their consent has a name — revenge porn — and the state of California says it is illegal.

If you were arrested for a sex crime like revenge porn in California, you need skilled and experienced legal counsel defending your rights and fighting your charges. David M. Boertje is a San Diego sex crimes defense attorney who can help you with your case. As a proficient California criminal defense attorney, David M. Boertje thoroughly understands how the system works and knows how to protect your rights. The Law Offices of David M. Boertje will provide you with the strategic defense you need to see the best possible outcome for your case.

What Happens if You are Arrested for Revenge Porn in California?

Romantic relationships do not always work out, and sometimes a breakup turns toxic and bitter. Simply because you have had your heart broken or you were wronged by your ex does not give you permission to share pictures or videos you have of your ex naked or engaged in a sexual act. In the state of California, if you are convicted of revenge porn, you may be subject to paying $1,000 in fines and be sentenced to jail. It can be difficult to think clearly when you are experiencing extreme emotions, but posting intimate materials about your ex online is a big mistake and can alter the course of your life.

Under California’s SB 255, revenge porn was given a valid classification as a crime that could be prosecuted at the misdemeanor level. Posting pictures of your ex without their consent is a crime that will come with an arrest if you are caught. Your full name along with the crime you were arrested for could be made public by law enforcement. That means that your reputation has the potential to be ruined. This would limit your professional opportunities, affect your relationships with others, impede future romantic relationships, and more.

Revenge porn has become a serious problem, which is why legislators are taking notice and passing laws with harsh penalties against it. In some situations, though, the laws create loopholes that your attorney can use to your benefit. Continue reading

July 30, 2021

Can the San Diego Police Question You if You are Not Being Arrested?

by David M. Boertje

The police do not always need to detain someone before asking them questions. In fact, there are many situations outside of arrests in which you could be questioned by the police. For example, if law enforcement is investigating a case, they may have to speak to witnesses or other parties who could have valuable information about their case. Simply questioning these people in some instances does not mean the person who supplies answers is under any suspicion of committing a crime or will have their words used against them. In other situations, what you say to an officer even if you are not being arrested can come back to cause you serious legal hurdles.

If you have been arrested in San Diego, it is highly advisable that you say nothing about your situation to the police until you have your attorney present. Your San Diego criminal defense attorney will be looking out for your best interests and working to protect you. Anything you say can be taken out of context and even the most innocent statements can be distorted to harm you. David M. Boertje is a San Diego criminal defense attorney that is here to fight your charges to keep you out of prison.

Is it Legal for Police to Question You Without Arresting You?

July 23, 2021

How Does a California Probation Violation Happen?

by David M. Boertje

Sometimes, individuals who are convicted of crimes at the misdemeanor level can be sentenced to serve their time outside of jail and instead be put on probation. Even some felony offenses may qualify for probation. In general, probation and staying out of jail is usually the preferred way to serve a sentence for a crime. There are specific guidelines and terms that will come with a probation sentence in California, and a violation of such specifications means that a court can easily end probation and send a person to jail to serve the rest of their time.

It is not just losing your probation that can come as a result of a violation of its terms; more time may be added to your sentence. Following the direction of your probation is absolutely necessary to get through your sentence in the most efficient and straightforward way possible. Yet, if you do find yourself having difficulties following the terms of your California probation agreement, and you violate them, David M. Boertje can review your case. If there is a way to argue that you should stay out of jail and remain on probation with no extra time added, David M. Boertje will find it.

What Types of Acts are Considered Violations of Probation in California?

July 16, 2021

What Makes Growing Marijuana in California Illegal?

by David M. Boertje

If you are over the age of 21 in the state of California you are allowed to have marijuana on your person and use it for recreation. This is true, as long as the amount you have does not exceed 28.5 grams. Thanks to Prop 64, in addition to being able to recreationally possess and use marijuana a person of lawful age can also grow the plant. Just like the way that the amount of marijuana you can have has its limits, so do the number of plants that you grow.

If you have an illegal amount of marijuana on you or if you have too many plants, you can be arrested and charged with a California drug crime. As a defendant facing criminal charges in California, you have to be prepared to go up against an aggressive and ruthless prosecution that will be making every argument that they can to slap you with the most severe penalties. The best way to protect yourself and your rights is to have the most talented and proficient legal defense on your side supporting you.

When Can You be Arrested for Growing Marijuana in California?

July 9, 2021

What Causes People to Lie About Domestic Abuse in California?

by David M. Boertje

No one should have to be the victim of domestic violence, but this type of abuse is prevalent around the country and the globe. In the United States alone, approximately 20 people every minute are victimized at the hands of a person with whom they have an intimate relationship. Yet, even though domestic violence is a very serious and real problem in the United States, there are also countless instances of people being falsely accused of the crime.

When a person is accused of domestic violence in California, they face severe criminal penalties and public shame. Jail time, fines, and developing a criminal record can result from a conviction. Even when there is no conviction, the accusations alone can follow a person and may lead to many negative life outcomes such as losing a job or a shattered reputation.

Top Reasons Why False Domestic Violence Accusations are Made

It is disturbing and unfair when a person lies about domestic violence. It is particularly concerning for a person who is on the receiving end of these false allegations. The top reasons why people lie about domestic abuse include:

When a couple is parting ways by means of divorce or separation and especially when children are involved, claiming that the home environment was unsafe because of domestic abuse is a way to strengthen one party’s case for child custody.
When intimate relationships fail, the amount of emotion involved can be high. Especially if the dissolution of a relationship was not mutual, jealousy and rage can motivate a person to say things that aren’t true about their ex. This need for revenge can easily provoke a person to tell lies to hurt someone.
When tensions are high and a disagreement becomes intense, one party involved may misunderstand the situation and feel like domestic abuse happened when it did not.
If someone has something that another person wants, greed may be what prompts a person to say that domestic violence and other abuse took place.

If you were accused of domestic violence in California, you have to get the most experienced and skilled California criminal defense attorney to examine your case and develop a winning strategy to beat your charges. When the assertions made about you are untrue or if you do not believe that your actions constitute domestic violence, then David M. Boertje is a San Diego domestic violence defense attorney who can aggressively handle your case and fight so that you see the best outcome possible. Continue reading

July 2, 2021

What Happens to First-Time Probation Violators in California?

by David M. Boertje

After a conviction for a crime, if you were sentenced to probation, it is incredibly important that you understand the terms of your probation in California. If you violate these conditions, even if you do so unwittingly, you could still be sent back to jail. To best preserve your ability to serve your time outside of jail, you must completely abide by the requirements of your probation. Doing so can help you better get through your sentence as quickly and painlessly as possible.

If you are unsure about how to follow the terms of your probation in San Diego, David M. Boertje is a San Diego criminal defense attorney who can answer your questions and clear up any confusion you may have. David M. Boertje is dedicated and committed to providing the most effective criminal defense services to individuals who have been charged with both misdemeanor and felony crimes. The California criminal defense attorney at the Law Offices of David M. Boertje has a successful track record of helping people who are charged with crimes have their case dismissed, get their charges reduced, obtain the most advantageous plea bargains, as well as achieve not guilty verdicts.

What are the Consequences of Violating Your California Probation the First Time?

June 25, 2021

Common California Gun Control Questions Answered

by David M. Boertje

People who are interested in purchasing a gun must do so lawfully because the repercussions that come with unlawful possession of a firearm in California are harsh. According to the Giffords Law Center, California has an A rating on gun laws and is the most restrictive state in the nation when it comes to gun legislation. This is why it is incredibly important to understand California’s strict gun laws so that if you purchase one, you do so legally. Once you own a gun, you must follow the laws to avoid any potential pitfalls that could result in you getting tangled up in the criminal justice system.

What California Gun Control Questions are Asked Most Often?

If you are unsure about issues like illegal possession of weapons, what is in the Gun Control Act, or how you are allowed to use your firearm, a knowledgeable California criminal defense lawyer can help. The following information may provide more clarity when it comes to the most common concerns and inquiries about gun ownership in California:

How old must you be to buy a gun?

People who are over the age of 18 are legally allowed to buy rifles and shotguns as well as ammunition for them. You have to be older than 21 years of age for all other types of legally available firearms.

How can you legally sell a firearm in California?

People who are older than 21 years of age must have a Federal Firearms License, must contact their local police station that they applied for the license, and have an appropriate location for selling firearms.

Who regulates gun ownership?

The Second Amendment of the United States Constitution provides Americans the right to keep and bear arms and the federal government determines what people qualify to own specific types of firearms. The ability to carry in public, though, is regulated by the state and local governments.

What must you do to buy a firearm in California?

If you are interested in buying a firearm in California, you have to undergo a background check. You must file an ATF 4473 so the federal government can look into your background and see if there is anything that would prevent you from being able to purchase a firearm. Sellers use the information that the ATF 4473 brings about to determine a potential purchaser’s eligibility for buying a firearm.

Some states also require that people who want to purchase a firearm have a permit. In California, if you want to buy a shotgun or a rifle, a permit is a must. Also, California mandates taking a gun safety class and obtaining a passing grade on a written test before a person can purchase a gun. Continue reading

June 17, 2021

How Sexual Assault Crimes are Defined in San Diego

by David M. Boertje

Sex crime charges in California are some of the most difficult ones for people to overcome for many reasons. The public disgrace and shame that goes along with a sex crime arrest are considerable. When an accusation of some type of sexual assault is made, it is common for people to naturally side with the victim. Because of the nature of sex crimes, people will tend to feel bad for a victim and want immediate justice by having the alleged perpetrator punished to the harshest extent. Even when a sexual assault accusation is false, the person who was victimized by such dishonesty may never be able to fully escape the stigma that goes along with the charges. They may always be treated differently.

It is incredibly important that if you were arrested for a sex crime in San Diego, that you obtain the counsel of an experienced San Diego sex crime defense attorney immediately. Getting started on your case as soon as possible can minimize the impact that the allegations will have on your life. Quickly working on your case will also be crucial to building the strongest defense strategy to improve your chances of getting a not guilty verdict.

The Different Types of Sexual Assault Crimes in San Diego

Sexual assault comes in many different forms and the state of California does not take these offenses lightly. Convictions can result in many years in state prison, high fines, as well as having to register as a sex offender, which is a permanent black mark on your name and your life.

The following are some examples of sexual assault:

Rape is a violent offense that can take place between people familiar with each other or not, and sexual intercourse is forced on an unwilling party or parties. There are many forms of rape including:
- Date rape happens between people who have some type of relationship with each other.
- Spousal rape happens between people who are married.
- Statutory rape happens when a person who is 18 years of age and older engages in sexual intercourse with a person between the age of 14 to 17. Knowing or not knowing a person is considered a minor does not shield a person from prosecution.
Prostitution is when a person either pays for sexual acts or accepts money to perform sexual acts.
Sexual Battery is an unwanted touch that is sexual in nature from one party to another.
Indecent Exposure is when a person displays their genitalia in public.
Lewd Acts happen when a person engages in sexual behaviors in public where they can be seen.
Pornography is sexual content that can exist in pictures, videos, artwork, or in writing.
Child Molestation happens when sexual and lustful actions are directed at minors.

June 11, 2021

Final Phase of Construction for San Diego’s New Youth Transition Campus Approved

by David M. Boertje

The final phase of San Diego County’s $205 million construction for a juvenile detention center has been approved. San Diego supervisors voted for $75 million to go to the transition center without any dissent. The new facility will be a replacement for the Kearny Mesa Juvenile Detention Facility, which was erected in 1954. The supervisors supported the construction of the new facility because it will be better equipped to house important therapeutic services that are meant to help youngsters who got caught up in the criminal justice system. By minimizing punitive responses to these younger individuals and favoring more intrinsic healing methods, it is believed that these young people’s prospects will be improved.

In November, a portion of the facility will open with 96 beds available to minors who were charged with serious offenses. When the second and third phase of construction is completed, 72 to 96 beds will be open for minors. There will be a focus on understanding the children’s past trauma and the way those experiences may have been a reason for the child’s criminal behavior.

The Impact of Incarceration on Juveniles

Most of the juveniles who make mistakes and are arrested will not be convicted. For others who have the misfortune of being incarcerated for crimes committed, there is going to be an increased risk for these young people to be more vulnerable to many negative life and health outcomes. The system can affect minors in many ways including the development of mental health conditions, the inability to finish school as well as struggles to find jobs and earn a living. Ultimately, these children often re-engage in criminal acts and are sent back to jail. According to studies that examine trends with youths that are tangled up in the juvenile justice system, the longer a young person is behind bars the more likely that when they become adults they will have problems with their physical and mental health.

A large portion of youth that get into trouble with the law are already suffering from physical and mental health issues. Of all the children going into the juvenile system, 46% are in need of emergency medical care while 70% of the population that is incarcerated are afflicted with one or more mental health conditions. A shared factor amongst these young people is that almost all of them were victims of trauma. When a child who has already been devastated with horrendous life experiences is put into the juvenile justice system, their distress amplifies. It becomes a challenging task to help them overcome their anguish so that they can heal and move forward. Continue reading