Articles Tagged with California criminal defense attorney

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If you have been charged with a criminal offense, you know it is a jarring experience, even if you are innocent—or maybe especially if you are innocent.  Some may tell you not to fret—the truth always wins out in the end.  But the fact of the matter is that innocent people are convicted of crimes and locked up every single day across this country. What you need more than anything at this point is a hard-hitting, straightforward criminal defense attorney fighting on your behalf. 

Don’t Buy it!

Law enforcement is legally allowed to mislead—aka lie—to you in order to squeeze information out of you. So just because they tell you something, it doesn’t mean it’s grounded in fact. Additionally, television may have left you with some misconceptions. For example: 

  • If you are not read your Miranda Rights before being interrogated, a recent Supreme Court decision determined it is not a violation of a constitutional right. Instead, it violates a constitutional rule, which means you can never collect damages for violations. It turns out, sadly, that Miranda Rights are not all they are cracked up to be.
  • Officers may say that things will go well for you if you just cooperate, but that is not necessarily the case. Never say anything without your attorney present because whatever comes out of your mouth could be twisted out of context and used against you later.
  • You may be told that there is clear and damning evidence and/or testimony implicating your guilt. But police could be a police fantasy story! Don’t fall for it!
  • Police may say that if you just confess, things will get easier for you. Of course, never, never make a verbal or written confession without the advice of your attorney. You just can’t know how binding any deal the police offer you will be without your lawyer there.
  • Perhaps you will be told that if you just cooperate, you will be home in a snap. Don’t count on it. Unlike the fast-paced cases that occur every week on your favorite crime-drama TV show, once enmeshed in a criminal case, it could be a very long time before you are in the clear.
  • After charges are filed, you may think that they can be rapidly and effortlessly dropped, but in truth, the whole thing must go through a court process, which can take time.
  • You may believe that since you are innocent, going to trial is your best option–no matter what. In fact, with a trial, there will be costs in money, time, stress, and worry, and after all that, you still may be found guilty. In some cases, a plea deal is a good option, so listen to your attorney before making any decisions.

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All across the country, packages are stolen from doorsteps and porches at an alarming rate—particularly around the holidays. But with cheap, easy access to home security available to homeowners these days, more than a few porch pirates have been caught skulking around where they don’t belong, which has led to more arrests for thefts. If you have been caught up in this kind of scenario, you may be in the market for an experienced criminal defense attorney. 

Porch Pirating Facts

Package thieves–nicknamed porch pirates in reference to their penchant for plundering from unsuspecting online consumers—swipe packages from yards, porches, and doorways to the tune of billions of dollars, which is more than a little problematic and maddening to the public and to the police charged with addressing local crime. Some noteworthy facts on the issue include:

  • $12 billion in merchandise was stolen from porches and yards last year.
  • One out of every four citizens– 58 million people—were victims of porch piracy and lost packages in 2023.
  • Apartments dwellers are twice as likely to be hit by porch pirates than those who live in houses.

Precautions That Help

With the rise of porch pirates, many have started to take steps to protect their purchase, including:

  • Installing motion-detector lighting;
  • Installing doorbell cameras and other security cameras;
  • Having neighbors keep an eye out for deliveries and/or strangers.

California Law

California law punishes individuals for stealing packages and selling stolen merchandise. The penalties depend on the value of the merchandise taken. Thieves could face time behind bars, as well as fines.

Defending Charges

If you have been charged with stealing packages from others, there are a number of possible defenses worth considering: 

  • It was a misunderstanding: The package was in a public area and you thought it was intended for you;
  • It was a case of mistaken identity: They got the wrong person;
  • There was no criminal intent: You did take the package but legitimately thought it was yours (more likely in an apartment scenario);
  • The arrest involved a violation of your rights: Perhaps there was an improper search and seizure, or you were not read Miranda rights. 

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If you are facing criminal charges, you may be hoping that charges will be dropped or dismissed, eliminating the tension and cost of a trial. While plenty of defendants are not so lucky, it is certainly a possibility in many cases. 

Dropped and Dismissed Charges are Not the Same

There is a distinct difference between having charges dropped and having them dismissed:

  • Dropped Charges: Charges may be dropped at any time during a case if a prosecutor loses confidence in their chances of winning. Even if charges have not yet been officially filed, they may be dropped.
  • Dismissed Charges: Charges can only be dismissed after they have been filed, and this must be done by a judge.

Why Might Charges be Dropped or Dismissed?

There are plenty of reasons that a case might not make it to trial and a verdict. Some of the most common scenarios include:

  • A strong case cannot be developed with the evidence currently available, so proof beyond a reasonable doubt is unlikely.
  • A victim may request that the charges be dropped and refuse to cooperate with the prosecution, weakening the case.
  • There could be errors in the criminal complaint.
  • The prosecutor may lack the resources to pursue the case.
  • The defendant may be exonerated based on new evidence– even after a conviction.
  • Information central to the case may have been illegally obtained and is therefore inadmissible.
  • The rights of the suspect may have been violated—such as through an illegal search or failure to Mirandize, leading to a decision to drop it.
  • A plea deal may have been negotiated between the prosecution and the defense that drops certain charges in exchange for a guilty verdict or cooperation in testifying against others.
  • Venue issues may lead to dropped charges.
  • A Plea in Abeyance may be offered, requiring rehabilitative classes, for example, in exchange for dropped charges (although failure to complete the requirements would result in a mandatory guilty plea on the charges).

Is it the Same as Being Acquitted?

Having charges dropped or dismissed is definitely not the same thing as getting an acquittal. In the case of an acquittal, a judge or jury found that there was not enough evidence to convict the defendant. That means the defendant can never be retried on those charges—that would be Double Jeopardy. Conversely, if the charges were simply dropped or dismissed, the prosecutor could refile the exact same charges at a later date when they believe they have a stronger case. 

What Appears on My Record?

Both dismissals and acquittals will appear on one’s criminal record unless the record is expunged. Of course, neither will have the crushing impact on employment or housing that a guilty verdict has. Continue reading

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Alarm bells ring when a baby dies.  In this nation, some estimate that anywhere from 1,000 to 3,000 children experience shaken baby syndrome (SBS). One-fourth of those children eventually die, and the rest suffer from lifelong debilitating issues, including seizures, behavior and learning issues, hearing loss, blindness, cerebral palsy, and paralysis. 

Is the Science Solid?

The quest for an explanation is ravenous after the death of a child. While there are many pediatricians who stand by SBS diagnoses, it must be noted that the American Association of Pediatrics (AAP) has backed away from it, stating that both legal and medical authorities had misinterpreted it. What is that about?

The Stance of the AAP 

According to the AAP, there are many conditions that can cause the symptoms associated with SBS. Norman Guthkelch–the neurosurgeon who developed the theory of SBS– believed it had been misinterpreted. For him, it was merely a suggestion to parents on how to prevent childhood injuries. Currently, many doctors agree that there are myriad issues that can cause the symptoms of SBS. Never had Dr. Guthkelch envisioned that the diagnosis would lead to the imprisonment of innocent parents who were grieving their injured or dead children. To date, there have been 32 exonerations of people who had formerly been found guilty of SBS. Will the very public case of a death penalty inmate in Texas be the 33rd exoneration?

A Recent Case 

A man’s infant daughter died after experiencing brain swelling, bleeding behind the eyes, and head bruising. The diagnosis at the time was SBS, even though the man claimed the baby had fallen from a bed. He took his daughter to the hospital and raised suspicions with hospital staff with his lack of emotion. It was just one of many factors that led to a guilty verdict and the death penalty sentence he received. (It was later discovered that the man was autistic, explaining the lack of emotion). More than two decades later, the lead detective in the case says that alternate theories to SBS were never considered or investigated. The man’s attorneys report that the baby had pneumonia at the time of her death, and it had become septic. She suffered numerous other health issues that may have contributed to her death, as well. A bipartisan group of lawmakers in Texas is calling for clemency for the man, and only time will tell how it unfolds for him. 

California Law

When a parent or caregiver is accused of Shaken Baby Syndrome in California, they may be charged with child abuse, murder, or attempted murder. These charges could put an offender behind bars for decades. Continue reading

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Michigan’s school shooter pleaded guilty to a mass shooting and was sentenced to a life behind bars for his actions, but that was not the end of the story for Michigan prosecutors. It was not long before his parents were charged and convicted of involuntary manslaughter—one count for each of the four students killed by their son. Even though the shooter’s parents had not been on the scene of the shooting and had not even known what was occurring until after the fact, the law held them accountable for their son’s actions based on evidence that they had ignored the warning signs that should have forewarned them of the possibility of exactly the murderous event that occurred. That negligence cost them each 15 years behind bars. Could an incident like this in California have the same kind of result? 

Gun Violence Facts

The tragic truth is that children and adolescents die as a result of firearm interactions more often than they do as a result of motor vehicle collisions, or of any other cause, for that matter. Additionally, just the exposure to gun violence can have incredibly negative impacts on America’s youth. Every day in 2022, seven children died from gun violence across this country. Two-thirds of those fatalities were from actual assaults, while the rest were suicides (27%) or accidental (5%).

Parental Responsibility Laws

Since 1996 states nationwide have been enacting parental responsibility laws to address delinquent behavior by children. The hope to get parents more involved in their children’s lives was the driving force behind these laws. It was believed that the fear of both civil and criminal penalties would motivate parents to supervise their kids more carefully and reduce juvenile crime. 

California Law

In California parents can be held civilly liable for up to $45,000 in property damage, and can be held criminally liable for contributing to the delinquency of a minor if their neglect resulted in violent behaviors from their child. What constitutes neglect? Essentially it is just the lack of supervision, control, and protection of a minor child. For parents, the misdemeanor charge carries a 364-day jail sentence. California’s safe storage laws can come into play if a minor got their hands on a firearm that should have been safely locked up. That could add another three years in prison to a parent’s sentence. Continue reading

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Neighbors called the police when they heard yelling in the apartment. They were concerned that the man’s elderly mother might be in danger after he had allegedly punched another neighbor and stormed into his home. When deputies arrived at the apartment complex, they found the man’s mother with wounds to her hands, crying in her apartment. Her son was unstable mentally, she said, and had been screaming about one of the neighbors, grabbing his mother’s hands earnestly until he broke the skin on her hands with his nails. Officers arrested the suspect on domestic battery charges, and he was held on a bail of $3,137. The man’s mother was clearly the victim of a crime, though it seems equally clear that the perpetrator was the victim of mental illness. 

Mental Health Problems Linked to Crime

According to a plethora of research, people who suffer from psychiatric disorders have a higher likelihood of committing crimes. Without proper treatment, these individuals tend to experience cognitive impairments, delusions, hallucinations, and paranoia. They are also more likely to experience substance misuse disorders, homelessness, and unemployment. These factors all interact, making people with mental health issues more likely to be involved in criminal activity, and violent crimes in particular. Even so, they are more likely to be victims than to be perpetrators.

Help is Limited

People experiencing mental illnesses often have a tough time accessing treatment for their mental health conditions. A dearth of treatment facilities, combined with exorbitant costs related to treatment, leads many of those suffering from serious mental health conditions to do without the help they need. It is clear that individuals who have a support system and health insurance are much less likely to engage in additional crimes following their release from jail, largely because they have better access to the help they need. 

Arrests of Mentally Ill Individuals

People with mental illnesses are arrested and imprisoned disproportionately in comparison to the rest of the population. This seems to be in large part because society simply does not know what else to do with them. Minor issues like jaywalking result in preventative arrests to keep these people off the streets temporarily, perhaps in the hopes that being locked up will limit their ability to commit more serious crimes. The truth is that roughly four in 10 men incarcerated across the country suffer from mental illness, and two in three women who are incarcerated are suffering from mental illness. When it comes to juveniles, the numbers are even more alarming: seven in ten youth in the juvenile justice system have mental health conditions that impact their lives. Continue reading

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Anyone accused of child abuse or neglect may be facing some pretty serious penalties. In addition to the risk of losing custody of one’s children, the possibility of criminal charges that could lead to serious jail time is very real. 

Abuse Defined

According to the Federal Child Abuse Prevention and Treatment Act (CAPTA), abuse can be defined as an action– or lack of action– by parents and/or caregivers that leads to severe emotional or physical outcomes, sexual abuse or exploitation, or a failure to act that results in serious harm or death. Examples might include: 

  • Cruel and harsh spanking, hitting, punching, burning, shaking, and similarly severe physical punishments;
  • The prolonged denial to provide food;
  • Sexual abuse of any kind;
  • Restraining children to their beds or locking them in a closet;
  • Withholding provisions such as food or water as a form of  discipline;
  • Verbally cruel statements or name-calling that is intended to humiliate or demean. 

Neglect Defined

According to CAPTA, neglect is likely the most common form of child abuse. It is defined as a parent or caregiver’s failure to provide a child with necessary supervision, clothing, food, and shelter. Examples of neglect include:

  • Underfeeding or feeding only limited foods (such as only ramen noodles);
  • Failing to provide a clean and secure environment;
  • Failing to bathe children or provide clean clothing;
  • Failing to provide adequate medical, vision, and dental care;
  • Failing to provide clothing that is appropriate for weather conditions; 
  • Apathy toward a child;
  • Leaving a child in a hot vehicle;
  • Leaving a child unattended for periods of time that are inappropriate for the age of the child;
  • Experiencing inebriation or drug abuse in the presence of the child.

California State Law

In addition to the definitions in federal law, under California state law, abandonment is also listed as a form of child abuse—which is essentially the lack of supervision for an extended period of time.

What is Not Abuse or Neglect?

Parents are very much in the spotlight these days, and discipline techniques are often criticized by outsiders. Parents need not be concerned about charges that lack merit, including disciplinary actions that include:

  • Talking with the child about right and wrong;
  • Having reasonable expectations for behavior that are age-appropriate;
  • Taking away a toy, phone, computer, etc. for a period of time;
  • Ignoring bad behaviors and allowing natural consequences to follow (as long as they are not dangerous);
  • Redirecting misbehavior;
  • Using time-outs for time periods that are age-appropriate (generally, one minute per age is considered about right).

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Being charged with animal cruelty in the state of California is a big deal, resulting in time behind bars and big fines in most cases.  Fighting such charges will go much better for you with the help of an experienced and determined criminal defense lawyer.

Specific Crimes and Penalties

In general, it is against the law to harm or torture animals, to neglect their food and water requirements, to abandon an animal, or to kill an animal with malice.  Specific related offenses and their penalties include:

Crime Maximum Penalty
Maliciously maiming/mutilating/wounding/torturing or

Killing an animal

 3 years in prison and $20,000 in fines
Dog fighting 3 years in prison and $50,000 in fines
Sexual abuse of an animal 6 months in jail and $1,000 in fines, plus costs associated with rehabilitation
Unlawful tethering of a dog 6 months in prison and $51000 in fines
Confining animals improperly 6 months in jail, $500 in fines,
Leaving animals in vehicles in bad weather 6 months in jail and $1,000 in fines
Poisoning a pet 6 months in jail and $1,000 in fines, plus costs associated with rehabilitation
Cockfighting 1 year in jail and $10,000 in fines
Transporting animals in a cruel way 6 months in jail and $1,000 in fines

Defending Charges

One of the key factors in these charges is the state of mind of a defendant.  If one intentionally causes an animal distress, it could be a legal problem. A person’s maliciousness is factored into the penalty phase of any trial. If a defendant was not responsible for an animal, or the animal was harmed with no ill intent, things will go better in court. Another issue that plays a big role in determining penalties is the number of times the person has faced similar charges. Continue reading

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If you have been arrested and charged with a crime, the best thing you can do is to cooperate with authorities on basic matters, like providing your name, and then respectfully request an attorney before answering any other questions. That is because, in the criminal justice system, coercion can be an issue that leads to real problems for you down the road. Any confession, coerced or otherwise, is going to be a headache in one way or another. 

Volunteer Nothing

If you are in custody, you are a suspect. You may think that being cooperative and answering questions will demonstrate your innocence, but nothing could be further from the truth. And do not think that you can use the fact that you had not yet been Mirandized as a defense—police can always claim that they would have figured out our guilt without your help. So never, ever share incriminating information, no matter how innocent you think it is. 

Police Coercion

When authorities–like police– pressure or intimidate individuals in order to get a confession, it sometimes leads to poor outcomes for victims, communities, and even law enforcement agencies. Some techniques that can be disastrous include:

  • Threatening horrendous consequences if cooperation is not forthcoming;
  • Using rank and the associated power to intimidate someone who is already afraid of police;
  • Psychological techniques that confuse or frighten victims;
  • Lying to scare suspects;
  • Physically threatening individuals.

Coerced Confessions

Even when one waives their Miranda rights, when police do not live up to expected standards of interrogation, they can get coerced confessions from unsuspecting detainees. Obviously, punching a suspect or pointing a weapon at them in order to get them to confess is extreme, but there are much more benign ways authorities might coerce. Improperly threatening to go after family members, publicizing embarrassing information about a suspect, or even refusing to let a suspect use the restroom or have food and water are techniques that could lead to involuntary or coerced confessions. 

Consequences of Coercion

The obvious issue with coercion is that innocent people get sent to jail, leaving the real criminals on the streets to repeat their crimes. But that does not have to be the case. When officers intimidate a suspect, which results in getting that suspect to acquiesce to authority, the confession and any information shared under duress could be suppressed, meaning the evidence would not be admitted in court. It could all be considered “fruit of the poisonous tree” and be inadmissible. Continue reading

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Innocence and guilt are determined in courtrooms across the country every day. While the burden of proof is on the prosecution in any criminal trial, the defense strategy offered during a trial can certainly do a lot to dismantle a prosecutor’s presentation. Whatever defense you wind up with, you want your attorney to put forth a calculated foundation that challenges the theories delivered by the prosecution. Certainly, the best-case scenario has the defense providing an alternate theory of the case that will decimate any chance of a jury finding guilt beyond a reasonable doubt. An experienced criminal defense attorney can help you to weigh four basic defenses: perfect, imperfect, affirmative, or denial.  

A Perfect Defense

A perfect defense is looking for an acquittal on all charges. It could be based on something like a strong alibi or similar factual matters or on legal statutes, such as an expired statute of limitations that negates the state’s ability to prosecute in the first place. Whatever the specifics, a perfect defense is designed to provide a path to acquittal. 

An Imperfect Defense

Sometimes, attorneys are simply unable to deny any connection between a defendant and the crime, so they seek to reduce the severity of the charges. In other words, the defendant’s attorneys argue that, while the defendant was a participant in criminal activities, the crimes do not rise to the level of the charges. That might mean seeking manslaughter charges instead of first-degree murder charges, for example. This imperfect defense will not result in an acquittal but aims to achieve a lesser sentence. 

An Affirmative Defense

Sometimes, a defendant asserts some sort of justification—temporary insanity, for example—that must be credibly demonstrated in order to explain the event in question.  A couple of other commonly used affirmative defenses include self-defense and entrapment. An affirmative defense, in other words, acknowledges the defendant’s involvement in the crime but provides a legal excuse for the actions.

A Denial Defense

The denial defense challenges that there is no proof beyond a reasonable doubt related to each and every element in a case. These elements, at the very least, will include confirmation of criminal activity and of criminal intent and of the concurrence of the two. If a crime requires a negative outcome (not all do), causation and harm also must be proven. Finally, in some cases, attendant circumstances may be required (for example, characteristics of the victim in a hate crime). The defense team can either brawl to demonstrate that these elements are not in evidence or simply wait for the prosecution to fail in their ability to provide proof beyond a reasonable doubt. Continue reading

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San Diego, CA 92101
Phone: (619) 229-1870Fax: (760) 230-5888Toll Free: (888) 476-0901Email: dboertje@boertjelaw.com
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Carlsbad, CA 92008
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