Articles Tagged with California criminal attorney

by

After an arrest, many people find themselves feeling so alarmed that they just cannot think straight. But it is important to hold it together because mistakes in this situation can be costly. Try to think logically, and keep these tidbits in mind.

  • Cooperate, while remaining silent until you have contacted your attorney. It is NEVER a good idea to resist arrest or actually try to run away from police.
  • Call your attorney immediately. Police clearly suspect you of committing a crime, and having your attorney by your side is critical to having your rights protected.
  • Do not speak. Remind officers (politely) of your Fifth Amendment rights. You are not required to answer any questions before your attorney arrives because anything that you tell them could ultimately be used to make a case against you. Resist even casual conversation that might seem unconnected to the case at hand. You should not try to explain or defend yourself at all. The only things you should consider asking is if you are free to go, or if you can call your attorney. Period.
  • Limit what you share about the case with friends and family. They may later be called to testify in the case, so whatever you disclose could wind up being discussed in a courtroom at some point. Do not put them in a position where they may have to share information that could hurt your case.
  • Do not post anything on social media sites that could suggest a negative character or lifestyle. You just never know what might be used against you later on. Do not post anything about the case at hand.
  • Do not contact your accuser. Do not try to apologize or clear up any misunderstandings. If they try to contact you, shut it down and let your attorney know.
  • Show up for court on time, appropriately dressed, and with the right attitude.  Anything less might be interpreted as a sign of disrespect for the judge and/or the judicial process. Any belligerence, cockiness, or general disrespect on your part could lead to contempt of  court charges. That will only make matters worse—and could even mean fines and/or jail time.
  • Do not try to get rid of potential evidence. You do not want police going through your garbage cans and finding something that could be incriminating—it is a great way to get additional charges added related to trying to destroy evidence.
  • Be straight with your attorney. A good criminal defense attorney will fight for your rights, but that is tough to do if you hold back relevant information. When the prosecution surprises your attorney with facts, it is incredibly difficult to achieve positive outcomes.

Continue reading

by

After a date that led to physical intimacy—intimacy that you thought was consensual– the partner involved has reported a completely different scenario than what you remember, and you’ve been charged with rape. How could this happen, and what does it mean for your future? 

California Penal Code

According to California statute, there is no real difference between a date rape—one that occurs between people who know one another and are friends or romantic partners– and the sexual assault that occurs when unknown assailants attack random victims in dark alleyways. Simply knowing someone does not give one the legal permission to engage in sexual intercourse if the other person cannot or does not give their willing consent.

What is Consent?

Consent is the free agreement among parties to engage in sexual activity. It cannot occur in certain situations, including:

  • When a minor is involved;
  • When incapacitation due to alcohol consumption or drug use is a factor;
  • When threats or intimidation are a factor;
  • When one party is unconscious;
  • If the power differential between the individuals is seriously lopsided, as in between a teacher and student, for example.

Enthusiastic Consent

When assumptions are made based on what a person is wearing or the ways in which they are flirting, it can lead to serious mistakes. In the latest models relating to relationships, the goal for understanding is enthusiastic consent, which means there’s a clear “yes,” not simply the lack of a “no.” While smiles, eye contact, and body language are all part of the signaling system that may establish moving forward is okay, it’s important to get clear verbal affirmation, as well, particularly when you are with someone you don’t know well.  And never forget that a person is legally able to change their mind at any point. 

Date Rape Drugs

In some situations, individuals determine that they have been raped based on the fact that there is no memory of a block of time and because they may have indications that they have been engaged in sexual activity. Date rape drugs may have been slipped into food or drinks in order to prevent a victim from resisting.  Some of the most common drugs used in this way are Rohypnol (Roofies), Ketamine, and Gamma-Hydroxybutyric Acid (GHB), but there are many others out there. If evidence of these substances, along with other clues, are discovered in a forensic exam, it can go a long way toward a rape conviction.  Continue reading

by

Sexual assault is something that happens every day, but when it occurs at the hands of police officers, it is somehow even worse. And studies show it is not an occasional problem. Officers who are sworn to serve and protect sometimes make victims out of arrestees.  It happens across the country, including right here in California.

Case in Point

An officer has been indicted for assaulting a number of women here in the state. The abuse ranged from instructing a victim to remove her clothes with no legitimate legal reason to forcing victims to have sex, in one instance, after locking his victim in his car and driving to a remote location. If the charges hold, the officer could be spending the rest of his life in prison and paying hundreds of thousands of dollars in fines. When individuals in power use the badge to manipulate and harm people, it is a horrendous crime. That is even more true when the victims are children.

WaPo Study

According to a study conducted by the Washington Post, children have been sexually abused by police officers and sheriffs’ deputies in hundreds of situations country-wide. And in many cases, these abusers have used their connections and knowledge of the law to protect themselves from the most serious of consequences. For example:

  • An officer who offered to “help” a 13-year-old run-away and be her mentor wound up ultimately impregnating her.
  • An L.A. County sheriff’s deputy abused a woman he had stopped near a hotel. He was later allowed to become a bureau detective with the special victims unit, where he sexually abused a 15-year-old girl.
  • A 16-year-old who was considering becoming a police officer went on ride-alongs with one officer who sexually abused her in multiple locations. After pleading guilty to statutory sodomy, he received only probation as his sentence. 
  • When a 14-year-old went to the hospital for a rape kit, she wound up being raped again—by the officer in charge.

Officers Groom Teens

In case after case, officers meet troubled teens and spend months grooming them and gaining their trust and the trust of their parents. Then they created situations when they could be alone with the teens and threatened them if they told anyone about what was happening.

Departments Must Do Better

Researchers concluded that police and sheriff departments must be better about flagging issues in officers’ background checks and at responding to complaints when they occur. Additionally, officers must be compelled to report incidents they see or suspect. Continue reading

by

If you are booked in jail for a DUI, you should be pretty worried about how the whole thing will impact your life. In particular, this is a serious situation if this is not your first issue with driving under the influence of alcohol or drugs, and you are going to need the skills of an experienced criminal defense attorney in order to secure the best outcomes for you. 

California Law

The laws related to alcohol and cannabis are quite strict in the state of California. In terms of simply being in a vehicle, you may not:

  • Consume alcohol or cannabis as either a passenger or a driver;
  • Carry alcohol or cannabis products in the passenger compartment if they are unsealed;
  • Hold alcohol in the glove box in an open container.

BAC Limits

While most people understand that drivers may find themselves getting a DUI if it is discovered that they have a Blood Alcohol Concentration (BAC) of 0.08% and higher, some may not realize that drivers under the age of 21 can get a DUI if they have a BAC of just 0.01%. That is true for drivers who are older but who are on probation for having had a DUI. Drivers who are hired to transport passengers (like ride-share or taxi drivers) or those driving vehicles requiring a commercial license could get a DUI with a BAC of 0.04%.

First Convictions

A first conviction could result in the following:

  • Revocation of your driving privileges;
  • Enrollment in a DUI program;
  • Mandatory filing for SR ww/SR1P (expensive auto insurance);
  • Fees related to driver’s license restriction and/or reissuance;
  • Potential requirement to have an ignition interlock device installed in your vehicle and related costs;
  • Up to six months in county jail;
  • Fines of up to $390;
  • Vehicle impounding with related storage fees;
  • Probation;
  • 10 years having the DUI conviction on your driving record.

Second and Subsequent DUIs

For anyone convicted of a second DUI, the penalties get much worse. Fines jump up to $2,000, DUI school extends to up to 30 months, and jail time could double to up to a year. Other penalties will be extended, as well. If there were any aggravating factors, such as a BAC of 0.15%, having a minor in the vehicle, refusing to submit to testing for chemicals in your blood, speeding, or causing an accident, the legal consequences could get even worse. Continue reading

by

When looking at the potential penalties related to criminal charges you are facing, it can be more than a little unnerving. That is one reason it is so important to have an experienced attorney on your side. The fact is that there are many details in criminal law, one of which relates to the wobbler. Yes, the term sounds a bit trivial and flip, but wobblers are very serious business in the criminal justice system. Successfully addressing a wobbler in a court of law can have an enormous impact on the penalties you face, from incarceration to fines and beyond. What, then, is a wobbler? 

Wobblers

Wobblers are an exclusive class of crimes that vary in their level of seriousness. Plenty of offenses are wobblers, including property defacement, domestic violence, vehicular manslaughter, and assault with a deadly weapon. Some of the most common wobbler cases include certain drug charges, sexual battery, and forgery. Notably, these crimes may be charged as either a misdemeanor or a felony, meaning the penalties can be fairly mild or very, very serious. A guilty verdict could land an offender with a simple fine, in the county jail, or with a lengthy prison sentence.

Misdemeanor or Felony?

A judge considers the specifics of cases involving wobblers to determine whether the crimes should be charged as misdemeanors or felonies. Some factors to be weighed include the severity of the crime, as well as any previous charges and convictions the defendant may have amassed. 

Felony Charges Have Long-Term Implications

Certainly, being charged with a misdemeanor, even a gross misdemeanor, has far better outcomes for defendants than felony charges. Besides having much lighter penalties, the social shame associated with felony charges is much tougher than is it for misdemeanors. And there are more:

  • Felons may be denied housing;
  • Felons cannot vote while in prison or on parole;
  • Felons may not serve on a jury while imprisoned;
  • Felons may have professional licenses revoked, suspended, or disqualified permanently;
  • Felons may be barred from working with labor unions, banks, federal defense contractors or subcontractors, and more;
  • Felons may be denied other employment opportunities based on employer preference;
  • Felons cannot serve in the armed forces;
  • Felons cannot purchase or possess firearms, and could be charged with another felony if they violate this rule for anywhere from 10 years to life;
  • Certain felons may not hold public office;
  • Felons may not be eligible for student loans;
  • Felons may not be eligible for public assistance;
  • A felony record may be more difficult to expunge.

Continue reading

by

If, while defending yourself, someone else, or property, you caused harm to another individual, it’s possible you could be charged with a crime like assault, battery, or even, in the most extreme situation, murder.  But you were only defending yourself, so how is this possible? Sometimes it takes a court of law to sort things out and come to an equitable and just conclusion. And when self-defense is a factor, having a good attorney to represent your interests is important.

Legal Requirements for Self-Defense

In California, there are three key elements that must be proven when self-defense is claimed:

  • You were in imminent danger of being harmed, touched illegally, or killed: This means that the danger was right in front of you, and you had to react to prevent it.
  • You had a reasonable belief that you needed to react with force in order to address the harm headed your way: Even if you  were mistaken in your perception of danger, if you had reason to believe you were in a precarious situation, your violent response may be considered reasonable by a jury.
  • You used just enough force to eliminate the threat: If your use of force was not proportionate to the threat, it is not a viable defense, meaning if someone slaps you and you beat them to death, you have probably exceeded the force necessary to protect yourself.

Stand Your Ground

Under California law, you are not required to back down or try to run away when facing a threat. You have every right to protect yourself and others when necessary. When it comes to property, it is legally permitted to protect yours and others’ too.

Deadly Force

Deadly force is allowable if that’s what it takes to provide a proper defense. Additionally, as per the Castle Doctrine, you are always allowed to use deadly force when protecting against a home invasion.  Even if you do not know the intent or the types of weapons an intruder may have, you are fully within your rights to use deadly force. That’s because when someone forcibly enters your home, it can be assumed they are up to no good, and it is reasonable to believe they will cause harm to you, your family, and/or your property. Continue reading

by

If you have been arrested for a felony, you are doubtlessly feeling frightened. What is in the cards for you? Should you accommodate police requests for information to demonstrate your innocence? Should you do anything and everything to get out of custody? No, and no! If you are looking at felony charges, your initial decisions will have a massive effect on your case. So sit tight and remember your rights. 

Fifth Amendment

Regardless of how pleasant or how threatening investigators may be, it is crucial that you remain silent. It is the first step toward avoiding self-incrimination and is your Constitutional right under the Fifth Amendment. This is the number one instruction to remember. Outside of identifying yourself, answer nothing. Then, courteously request an attorney, zip your lips, and stay cool. It will not necessarily be easy, especially if you believe you are innocent and you are being pressured by authoritative figures. Were you wrongfully arrested? Was excessive force used? Maybe. But it will require an attorney to get to the bottom of it, so forget the temptation to defend yourself or to accuse officers of misdeeds. It will not get you anywhere except in deeper trouble.

Pronto: Call an Attorney Right 

It is important to have experienced legal counsel by your side immediately. And that means a knowledgeable criminal defense attorney, not your hairdresser’s divorce guy. A good defense attorney will know all the tricks in the book and will protect you from saying things that will lead to trouble or signing a bogus plea deal. Remember: prosecutors and police are in cahoots to lock you up. A criminal defense attorney is working for you.

Tell Your Attorney the Truth

Any defense attorney will tell you there’s nothing worse than being blindsided by new information presented by the prosecution. You help your own defense when you spill it all, knowing that attorney-client privilege keeps that information private. It is the best way to build a strong defense.

Stay Mum Otherwise

It may be tough, but do not talk about the case on social media with reporters who want to know what you have to say for yourself or even with family or friends. And remember, what you say to friends is not protected—so if anyone gets the wrong idea or you reveal a defense strategy, the prosecution could get a hold of it. Let your attorney defend you in court and keep quiet otherwise.

This is Serious

If you are convicted of a felony, it could mean time in prison and hefty fines. And the punishment does not end after you have paid your debt to society. That is when you could re-enter a society that has no concern with your ability to find a home, a job, professional certifications, or happiness. Remember this and make smart decisions going forward. Continue reading

by

Swatting—or placing false calls requesting emergency assistance– is illegal, according to the FBI. These harassing and deceptive emergency calls send response teams to various locations with claims that an emergency is underway. Although the prank calls send SWAT teams and others to a scene where nothing unusual is occurring, officers do not know that the location is actually safe. That means they arrive with weapons brandished– making the potential for accidents distressingly high. 

Types of Calls

What kinds of phony emergency service calls are we talking about? Sometimes, callers claim there is a dangerous hostage situation unfolding; other times, they say there are bombs present in a building. Still other calls report rapes, murders, or other criminal activity.

California Case

A recent swatting case here in California involved a 19-year-old man who was stalking a young woman who was underage. The two had become acquainted online, and when things did not work out as planned, the man made multiple calls reporting bombs at the high school attended by the object of his attention. Although explosive devices were never discovered, the school was evacuated repeatedly as a safety measure, interrupting school programming and burning through police resources.

Politicians Targeted

While it is true that many swatting calls focus on public areas like businesses, schools, and airports, there have been a number of recent swatting calls directed at the homes or offices of well-known politicians:

  • Here in California, Lt. Gov. Eleni Kounalakis was the victim of a swatting call that reported a shooting in her San Francisco home.
  • Rick Scott of Florida endured a swatting experience when an anonymous call came in reporting that a woman had been shot by her husband with an AR-15 at Scott’s home address.
  • Republican Brandon Williams, from New York, was stunned when police notified him that they had received a call reporting a crisis in his home. When law enforcement arrived, the Williams family was directed to assemble in the kitchen and to keep their hands in view.
  • The embattled secretary of state from Maine, Shenna Bellows, was swatted when a man claimed to have broken into her home.
  • Marjorie Taylor Greene, Georgia’s federal House representative, claims to have been swatted as many as eight times, including on Christmas Day 2023. 

Continue reading

by

Anyone who has watched courtroom drama on TV has heard of double jeopardy—the 5th Amendment protections against being tried twice for the same crime. But there is a qualification here — separate prosecutions are permitted when state and federal governments prosecute separately for the same crime. In fact, two different state governments could prosecute in two separate trials for a single offense if both have jurisdiction in the case. And there is one more consideration: civil and criminal trials could pursue different forms of justice for the same act. 

An Example of Two Trials for the Same Act in Los Angeles

Originally, the Double Jeopardy Clause applied to just federal cases, but it later was integrated into state laws, as well. While it is true that a criminal trial and its related penalties cannot be held successively for the same act or omission, the Supreme Court has held that both civil and criminal sanctions may be handed down for the same offense after separate civil and criminal trials. So, an offender might be tried criminally for a particular offense, only to later face civil charges in a separate trial based on the same actions.

A notorious situation illustrating this ability involves the criminal murder trial of O.J. Simpson seeking incarceration or worse (found not guilty), followed by the civil trial for wrongful death seeking monetary damages after the initial trial (found guilty). Simpson managed to avoid prison time in the criminal trial but was ordered to pay over $33 million in damages after being found responsible for the deaths of Nicole Brown Simpson (his ex-wife) and Ronald Goldman in the civil trial. Same act, different trials, with different goals and different outcomes. But even after being found guilty in the civil trial, Simpson could not be retried criminally for the same offense under double jeopardy protections.

What Constitutes the Same Offense? 

When weighing whether an act can be charged a second time, prosecutors must examine whether each offense to be charged has an element that is not encompassed in the previous trial. Without that unique element, it would be considered double jeopardy. In the O.J. Simpson case, for example, because the elements of the case were unchanged, the case could not be retried in a criminal court despite the guilty verdict in the civil trial.

When is Jeopardy Attached?

Jeopardy is attached when:

  • A jury is sworn in for a jury trial;
  • Any witness is sworn in in a district court;
  • Initial evidence is heard in a trial before a judge with no jury;
  • A guilty plea is accepted by a judge.

In Simpson’s case, the defendant had double jeopardy protections as soon as the jury was sworn in because he had a jury trial. Legal problems pursuant to the civil trial were completely unrelated to the slayings of his ex-wife and Goldman. Continue reading

by

Society has struggled with how to deal with the most deviant criminals for centuries. The question of justice becomes more complex than ever when juvenile offenders are involved.  Sadly, it’s a dilemma that is more and more frequently upon us: 

  • 17-year-old Jonathan Rojas is accused of engaging in a shooting spree that killed one person and wounded another in Greenfield, California;
  • A 14-year-old and a 16-year-old are accused of firing into a stopped vehicle, killing the driver and wounding a passenger, in what is believed to be a gang shooting in Los Angeles, California;
  • A juvenile has been charged with murder following reports of a family disturbance in Culver City, California;
  • A 14-year-old has been arrested in connection with a murder in Boyle Heights, California, and is suspected to have participated in no fewer than six additional homicides.
  • A 15-year-old has been arrested in connection with the murder of a Japantown security guard in San Francisco, California;
  • Four teens were arrested and charged with murder after the fatal gang-related shooting of a 16-year-old in Escondido, California.

Clearly, teens are connected to serious crimes more and more of late, with some facing penalties in the juvenile system, and others being tried as adults. 

Why Teens Commit Serious Crimes

Unquestionably, the depravity of these cases and others like it is stunning. It leads us, as a society, to ask how we should address children who engage in such activity. Perhaps we start by trying to come to some understanding of who teen killers are and the multifaceted environments that often produce them.

In a recent study, researchers concluded that oftentimes, young offenders grow up in homes in what they call disordered neighborhoods. These children generally have easy access to firearms and frequently have extensive exposure to violence during their formative years. Consequently, their compromised home lives drive young people to behave in foolish, passionate ways, reacting to the situations they find themselves in.  They fail to process their actions in relation to potential consequences. Rather than the myth of the “super predator teen,” researchers believe reckless morality-stripped teens are born of treacherous family and neighborhood norms.

 That, combined with myriad research surmising that the human brain does not fully develop until roughly age 25, leads to some of the horrendous criminal outcomes we see involving juveniles and is precisely the reason the Supreme Court cited as it eliminated the death penalty for juveniles in 2005, and why a sentence of life without parole is only rarely handed down to juvenile offenders still today.

The Teen Brain and Criminal Penalties

Further studies confirm what is quite obvious to the casual observer: teens crave peer approval and pursue reckless actions in their quest for that approval. Combine this with the inability to balance risk and reward, along with a shaky personal history, and you wind up with juveniles in the criminal justice system. These facts make it imperative that the expectations for teen criminals are tempered when facing courtrooms and justice systems designed with adults in mind. That is not to minimize the anguish of victims; it simply recognizes the reality of the science behind teen behavior. Continue reading

Contact Information
SAN DIEGO OFFICE
501 W Broadway #800
San Diego, CA 92101
Phone: (619) 229-1870Fax: (760) 230-5888Toll Free: (888) 476-0901Email: dboertje@boertjelaw.com
NORTH COUNTY OFFICE
1808 Aston Ave #235
Carlsbad, CA 92008
Phone: (760) 476-0901Fax: (760) 230-5888Toll Free (888) 476-0901
We accept the following credit cards: Credit Cards Icons

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, David M. Boertje
JUSTIA Law Firm Blog Design