David M. Boertje

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By the third quarter of 2021, there were an estimated 284 million vehicles driving about throughout the United States with 228.2 million licensed drivers. The United States has some of the highest levels of road traffic when compared to other similar developed nations. In terms of states, California has the most licensed drivers. Because of this heavy road traffic, the US also reports more frequent vehicular accidents than its counterparts.

There are many ways a car accident can happen, but speeding, driving under the influence, and distracted driving are some of the most common causes reported. A common misconception is that illegal drunk driving incidents only happen when a driver has alcohol in their system. While driving with a blood alcohol concentration of 0.08% or more is illegal and a frequent occurrence, there are other situations that also constitute driving under the influence.

Can You be Arrested for Driving With Prescription Drugs in Your System?

California drunk driving laws indicate that driving with more than a certain level of alcohol in the system is unlawful, but so is driving with drugs in the system. This is true for illicit substances, over-the-counter medicines, and those that come from a valid prescription.

If the drug or medication you are taking has impairing side effects, even if you only feel the symptoms are minimal, you should avoid driving until the drug is out of your system. If law enforcement pulls you over because they believe that you are driving unsafely or erratically, consistent with someone who is under the influence, they could arrest you if they find you ingested certain medicines.

For example, for nighttime cold medicine, the warning label will often indicate drowsiness is a side effect. Drowsy driving is incredibly dangerous; there are many issues a drowsy driver has operating their automobile that drunk drivers also have. Slower reaction time, inability to stay focused, and struggling to stay awake are just a few. 

Another example is if you suffer from chronic pain, your doctor may have provided you with a prescription for narcotics to manage that pain. It is legal to take narcotics that were prescribed to you. But, if the narcotics cause you to feel dizzy, sleepy, affect your vision, or cause other side effects, you are putting both yourself and others in danger of injury or death when you get behind the wheel.

If you have a prescription or over-the-counter drug in your system and you cause a crash or are arrested, the fact that the medicines you took were legal will not be a valid defense to a driving under the influence of a drug charge. 

There are some aspects of your arrest that you may be able to use in your defense, however. A San Diego DUI defense attorney will know what aspects of your case can be challenged to give you the best chances of overcoming your charges. Continue reading

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The difference between civil law and criminal law can be confusing at times. In some cases, there can exist both a civil and criminal component to an illegal act. This situation can be true when it comes to harassment. Depending on the details, harassment can be a civil and a criminal matter at the same time.

Civil cases can settle outside of court or go through litigation in court to come to a financial settlement for damages a victim suffered. Civil cases are brought by a person who has been the victim of some type of harm caused by another person’s actions. Criminal cases, by contrast, are brought by the government of a county or state whose purpose is to enforce specific punishments for one’s behavior. Depending on what the criminal charges are, the consequences can be strict.

In both civil and criminal cases, working with legal representation is advisable to improve the chances that you will secure the best possible outcome. In California, David M. Boertje is an experienced San Diego criminal defense attorney that can help you if you are facing criminal charges.

How Can Harassment be a Civil and a Criminal Issue?

For the purposes of this article, we will focus on charges of harassment in California. California recognizes civil harassment as behavior that:

  • Includes unlawful violence such as assault.
  • A real and believable threat that violence may happen.
  • There is no reason for the unlawful violence or threats that are frightening and causing an individual to experience feelings of distress.

A victim of civil harassment can file a lawsuit against the party causing their troubles. If they are successful with their claim, they can obtain financial compensation. In some cases, they may also be able to have a restraining order issued. 

When a person is criminally charged with harassment, it is because the level of harassment they are inflicting on another person is elevated. It is willful and pernicious and it is happening regularly on a recurring basis. The behavior is also causing victims great fear regarding their safety.

Criminal punishments for harassment in California can include expensive fines and jail time in either a county or state facility. It is best for individuals charged with criminal harassment to connect with qualified legal counsel. These charges are very serious and can come with harsh punishments. An attorney will know how to form a strategic defense against the most severe penalties.

Jail time and fines are difficult enough to manage. Even after you have paid your fines and served your time, you may still struggle to achieve various goals in your life because you now have a criminal record. This is why it is crucial that you position yourself to obtain the most favorable outcome. Continue reading

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Being arrested for a crime is a distressing situation for anyone. This is particularly true if the crime you have been arrested for is one you did not commit and you were the victim of mistaken identity. There are several examples of innocent people who have been arrested and convicted of crimes that they did not carry out. According to the Innocence Project, of all the wrongful convictions that happen across the country, mistaken identity is the leading cause of these injustices taking place.

After an arrest, it is recommended to get in touch with an experienced and seasoned attorney to have your rights protected. In San Diego, David M. Boertje is a San Diego criminal defense attorney who has your best interests in mind and can provide effective legal representation to help you secure the most favorable outcome for your case.

How Can You Fight Mistaken Identity?

Mistaken identity is responsible for approximately 70% of wrongful convictions. There are several ways that mistaken identity situations can arise.

Errors Made by Police

If the police suspect you are responsible for committing a crime they are going to question you. In doing so, they may employ various tactics to get you to say things that are self-incriminating. Or, the police may use similar methods when they speak to witnesses that motivate those individuals to make false testimony against you.

Errors Made by Eyewitnesses

In the absence of provocation by law enforcement, a person who was a witness to a crime can still make mistakes. This could happen from personal bias or from other issues with memory related to the event.

If you have been wrongly identified as the individual that committed a crime, it is important to get to work on building your defense and finding evidence that shows you were uninvolved with the incident in question. The good news is that there are a couple of things that your San Diego criminal defense attorney can look into to help you overcome your charges.

Once the 1990s began the technology available to forensic investigators made identification much more accurate. DNA testing can be a powerful tool to help those who are wrongly accused prove their innocence. This is one approach to fighting against mistaken identity. 

Another useful defense is if you have a solid alibi, meaning that if you can prove you were somewhere other than the location of the crime scene when the incident took place, this can show that you were not the perpetrator of the crime. Continue reading

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The best thing that you can do after you are arrested for a crime is to get yourself armed with the most talented and experienced criminal defense attorney near you. For residents of San Diego, the San Diego criminal defense attorney David M. Boertje has been committed to helping people who are charged with crimes obtain successful results such as the dismissal of a case, securing a not guilty verdict, having the sentence reduced, or negotiating the most advantageous plea bargain.

What are Your Rights and Options After You are Convicted of a Crime?

There is only one word that anyone who is facing criminal charges dreads hearing. The word is ‘guilty.’ Depending on the sentence you are facing for a guilty verdict, the rest of your life may be affected and any prospects of a positive future in limbo. It can feel overwhelming and even sickening if the jury agrees that you are guilty of the crimes with which you have been charged.

The good news is that there are legal avenues that may apply to you and could lessen the impact of a guilty verdict. A seasoned and savvy San Diego criminal defense lawyer will be able to identify these and fight for the best solution for your situation.

When a guilty verdict is handed down, you will enter into the sentencing phase of your trial. Your attorney may argue on your behalf to make the case that you should have the lightest sentence available. Still, there are other legal methods that could be available to help you change the direction of your case. These include:

  • Expungement: After you have served your time and completed the terms of your sentence it may be a possibility to have your criminal conviction removed from your record through expungement.
  • Motion to Withdraw a Guilty Plea or a New Trial: These motions may be able to put your conviction on the back burner.
  • Modification of Sentence: When probation results from a conviction, there will be established terms that you must follow to stay on probation and out of jail. Your attorney may be able to argue in your favor, for an adjustment of those terms.
  • Appeal: When errors were made during your trial, it may be possible to appeal the guilty verdict you received. If a successful appeal takes place you could change the course of your life by overturning your conviction.

The bottom line is that a guilty verdict does not always mean that your case is done and you are out of options. There may be ways to respond and rework the outcome.  Continue reading

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According to Chesa Boudin, San Francisco’s District Attorney, the DNA taken from sexual assault survivors is being used to help investigations into other crimes that are not even related to the sexual assault victim. One example was a woman who was found and charged with a felony property crime who was the victim of a rape in 2016. In this case, the DNA from the woman from her rape examination was used as evidence against her in her felony case. 

Supposedly, the San Francisco DA’s office has said that this was not an isolated case where the practice was used. Instead, it was the standard operating procedure. If these claims are true, this raises serious legal questions about how the government is collecting and using DNA. 

How Has the San Francisco Police Responded to the Allegations?

San Francisco’s Police Chief, Bill Scott, appears to be engaging in a proactive response to the allegations. According to SFPD Chief Scott, there will be an investigation. If the investigation shows that the DNA of victims is a tool that is being used to find answers to other crimes, then the practice will stop.

DNA is an incredibly powerful tool to locate potential lawbreakers and convict them of their charges in California and across the rest of the United States. Because of this, police departments far and wide collect DNA and catalog it as a resource when they are looking for criminals.

California DNA collection laws allow police department crime labs to be able to establish their own databases which are not linked to those that the federal and state government have. These labs can analyze their samples without any oversight and regulation.

One of the primary concerns of this practice is the potential negative effects it will have on victims. Meaning, that if a person is victimized by a crime, they may be less inclined to come forward and report what happened to them out of fear that their DNA could be used against them in the future.

Whether this practice is standard or not is still being adjudicated. But many police departments around the country have come forward to deny that these practices are widely used in criminal investigations. In other words, a victim’s DNA is never used as a means to investigate other crimes. 

If you were charged with a crime in San Diego, it is imperative that you have legal counsel on your side that is experienced and skilled to secure the best outcome possible for your case. One way your San Diego criminal defense attorney may be able to dismantle the prosecution’s argument against you is to show that evidence used was illegally obtained and therefore needs to be thrown out. When this happens, a case can be dismissed regardless of its strength. Continue reading

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When you have been arrested and charged with a crime, you may see your future as being bleak. Indeed, depending on the type of criminal offense you were arrested for and the surrounding details of your case, there may be significant and harsh penalties including expensive fines and many years behind bars. But sometimes, you can get out of having to go to jail by way of probation.

Often, a defendant will be more accepting of a deal if there are lesser charges than what they were originally facing and if probation instead of jail is included. While there are benefits to probation, there are also terms associated with your probation that you must follow because if you violate them you will find yourself heading back to jail.

Understanding your rights after an arrest and protecting your interests can be done with the help of the experienced San Diego criminal defense lawyer David M. Boertje.

Why Prosecutors Might Offer Probation

Typically, when a person is facing criminal charges that they have little chance of overcoming or having dropped, securing probation is the preferred next best outcome. While there are many people who know they dodged a bullet when being granted probation and because of this will abide by all the necessary terms, others have a more difficult time following the probation guidelines.

When a prosecutor knows that it will be an uphill and challenging task to get a conviction for the charges at hand, they may opt for an alternative way to resolve a case without going to trial. In these instances, it is common for the prosecution to offer probation as a part of the adjusted sentence.

But, the prosecution may have ulterior motives in offering such reduced penalties. Prosecutors that know they may not be able to get the desired outcome in court, and could use probation as a means to improve their chances of getting that conviction they want against you. 

For instance, if you are arrested and charged with felony possession of some type of controlled substance and you have a past history of arrests for illegal drug possession, there is the real possibility that you could be convicted. But if you actually never had the drugs on your person at the time of your arrest, and the drugs were only in your vicinity, a jury could also conclude that there is not enough evidence to show the drugs were yours and that you were going to use them.

So, instead of taking chances in court, the prosecution may defer to probation knowing that if left to your own devices, you will probably use those drugs while on probation. A simple drug test can show that you are using the drug and that you had the intent to control it. When this happens, you will be in violation of the terms of your sentence and now, the prosecution has the ability to send you to jail. Continue reading

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No one is without fault or perfect all of the time. We all make mistakes no matter how old we are. That being said, younger people with a less mature mindset and a more relaxed understanding of consequences in life, tend to make impulsive decisions moreso than older adults. 

According to a study out of the Saint James School of Medicine in The Netherlands, the full development and maturation of the brain happens at age 25. The prefrontal cortex is critical to behavioral performance. So, until the prefrontal cortex reaches its most mature state, younger adolescents are more prone to making poor decisions when it comes to their actions.

What Crimes Do Minors Commit the Most?

Even if minors are aware that they could be in legal trouble for certain acts, that does not mean that they can fully understand the scope of the punishment they could face. If your child was arrested for a crime, it is critical that they have the best legal representation fighting to protect them from the harsh penalties that could result from a conviction. A conviction can follow your child throughout their life and affect their quality of life as well as the opportunities to which they may have access. 

David M. Boertje is a San Diego criminal defense attorney that can help you and your child throughout the entire criminal legal process and fight to get the most favorable outcome possible for your child’s case.

Children are different and what one child will try or do another may not. Still, there are some crimes that are committed more commonly than others when it comes to youth. These include:

  • Assault and battery happen when a child threatens to physically harm and/or actually causes physical harm to another party. This often is the case with bullying and school violence.
  • Underage drinking is widespread across the country. According to the Centers for Disease Control and Prevention, this issue is a huge public health concern in the United States. Each year there are an estimated 3,5000 young people who will die in incidents related to underage alcohol consumption. In 2013, over 119,000 youngsters were hospitalized for conditions related to alcohol. 
  • Like alcohol consumption, drug use and distribution are also high in the youth population.
  • Theft such as shoplifting from a store or taking something without permission from a friend’s home happens with high frequency in younger individuals.
  • Vandalism or damaging property in some way whether it is via spray paint or breaking something, are acts in which young people will often participate.

Continue reading

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It can be incredibly stressful and scary to be put under arrest for a crime. But, when you did not commit the crime that you have been arrested for, you may feel even more uneasy, frightened, and worried about how things will pan out. And while the eyes of the criminal justice system in the United States are said to be blind, not every person who is arrested gets a fair and true outcome for their situation.

When an innocent person has to endure the harsh penalties associated with committing a crime, it is an outrageous injustice. This type of situation also becomes another blaring example of a system that does not always get it right all of the time. So, even if you were questioned with relation to a crime you did not commit or you were arrested for a crime you are not guilty of perpetrating, relying on the justice system alone to clear your name is not ideal. 

If you live in San Diego, even in these situations, partnering with an experienced criminal defense lawyer in San Diego is recommended to protect and safeguard your rights and interests. This is because you have rights as outlined in the United States constitution.

Why Do Innocent People Need Legal Representation?

It is a misconception that an innocent person has nothing to worry about when they are being charged with a crime they did not commit. Still, so many people believe that if they did nothing wrong, this invalidates their need to have criminal legal counsel. This belief could not be further from the truth, and the reality is that when you are arrested, guilty or not, you are taking a huge risk without having an attorney by your side.

While the system should be considering all people innocent until they are proven guilty, in real life, this does not happen all of the time. In fact, when a person becomes a defendant, or someone being tried for a crime, they typically are not treated as an innocent party while their case progresses.

For this reason and more, arming yourself with competent legal counsel is in your best interests. Your attorney will advocate for you, fight to protect your constitutional rights, identify errors and issues with the prosecution’s case against you, and find inconsistencies that can all show you are innocent. Or at least, that you should not be convicted because the evidence against you does not rise to the level of the legal standard that exists, “beyond a reasonable doubt.”

While you may feel like you are in a position in which you have to prove your innocence, the criminal justice system is not intended to work that way. It is supposed to be the job of the prosecutor to prove that you are NOT innocent. However, during criminal proceedings, it can be incredibly overwhelming. As a result, you may feel like you are the one who is tasked with taking on the legal burden of establishing your innocence. Continue reading

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Being aggressively questioned by the police can be stressful and intimidating, to say the least. Even if the alleged crimes that you are being asked about are those that you do not know anything about or have any involvement in perpetrating, police interrogations are quite draining and can be traumatic. 

This is why having an experienced and aggressive defender on your side is so important. What you say to the police can and will be used against you if it benefits their case. When you have a seasoned criminal defense lawyer with you during a questioning session, you will have the legal counsel you need to best protect your rights and keep you from unknowingly putting yourself in legal jeopardy. 

In San Diego, David M. Boertje is a San Diego criminal defense attorney who is dedicated to protecting individuals that are accused of crimes. David Boertje has extensive experience helping the aggrieved with the highest quality legal counsel and a resume that includes successfully handling thousands of criminal cases.

Lying and Law Enforcement

Police officers are trained to get the most information out of people they suspect either know about or were involved in the commission of crimes. This is their job and many officers do it very well. As such, police officers can engage in tricky tactics that are meant to confuse, dishearten, and pressure people into talking to them and answering their questions.

One of the things that an officer may do when they are interviewing you is lie. While this may seem unlawful, it is actually an acceptable practice. The reason that an officer will do this is to maneuver you into making an incriminating statement or providing details that implicate you and others for alleged crimes.

If you are brought in for questioning, it is critical that you do not go alone, but rather that you have the assistance of a lawyer. The San Diego felony defense attorney at the Law Offices of David M. Boertje can advise you of your rights and help you through a police interview so that you are safeguarded from saying something that harms your case.

It is not uncommon for a person to incriminate themselves even when they are completely innocent. One example is giving a false confession to a crime. This happens more than you may think. You are especially vulnerable to having this and more happen to you if you do not have an attorney by your side during a police interview.

It is not just lying that you have to be concerned about when you are interviewed. Police may attempt to scare you. They could make threats that prompt you to give them information or say something that is not true out of fear. Continue reading

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When law enforcement is alerted that a crime has taken place, they must respond by coming out and investigating the situation. They will examine the crime scene, talk to witnesses and knowledgeable people, and collect evidence. In addition, forensic science techniques and other modern technology may be employed to figure out how a crime took place and who is responsible for committing it.

The police are supposed to review all of their evidence to start to unravel the mystery of who must be held legally accountable under the eyes of the law. And while the police are good at what they do when it comes to breaking evidence down and getting to the truth of a crime, they do not always get it right. There are times when it may be plausible to think that one person could have committed a crime, but this person of interest is not the actual perpetrator of the unlawful act.

What is Police Tunnel Vision? How is it Harmful to the Public?

Tunnel vision, with respect to the police identifying a suspect in a crime, is a term that describes a scenario in which the police suspect a person is guilty and because of this, they do not investigate any other potential leads. It can be challenging once a criminal narrative and theory are developed to deviate from it. All-too-often, once clearly defined speculation becomes a believable option, the police can become less interested in other information that could negate its validity.

If you are being targeted by the police, it is important that you have effective legal counsel on your side fighting back at attacks that may be unfair and unwarranted. As a nation, we expect that law enforcement is going to do a full and exhaustive investigation into all crimes to come to the truth and only penalize those people who are actually guilty.

However, poor investigative procedures, mistakes and missteps, and negligence happen all of the time in the United States. As a result, there are times when innocent people are charged with crimes, and in some cases, convicted. Being wrongly charged and penalized for the crimes that another person committed is the most egregious type of injustice that can happen.

It is crucial to the outcome of your case that you have a seasoned lawyer representing your best interests if you are identified as a potential subject of a crime. Having a lawyer does not mean that you can guarantee freedom and a not guilty verdict, but arming yourself with legal counsel substantially improves your chances of securing the most favorable results. David M. Boertje is a criminal defense attorney in San Diego who can help you if you have been implicated in committing a crime. Continue reading

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Phone: (619) 229-1870Fax: (760) 230-5888Toll Free: (888) 476-0901Email: dboertje@boertjelaw.com
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