California criminal defense attorney

September 3, 2021

Take Misdemeanor Charges in California Seriously

If you were arrested in San Diego and your crime is considered a misdemeanor, you may think that you do not have to be too concerned about the outcome of your case. Ideally, avoiding jail time and fines is always the desired end result. Even when a crime is just a misdemeanor, it can still have harsh repercussions.

It is critical to connect with an experienced San Diego criminal defense attorney after you are arrested for any crime. Understanding your rights and fighting to overcome your charges is incredibly important. Working with the right legal counsel in San Diego could be the difference between a clean criminal record and your freedom and costly criminal penalties that will have a negative impact on your life over the long term. David M. Boertje is a California criminal defense attorney who can examine your case and help you after your arrest.

The Negative Im[plications of a Misdemeanor Conviction in California

If convicted of a misdemeanor crime, defendants could face:

Community service
Jail time
Probation
Costly fines

It is not just the physical punishments like jail time or fines that will affect your life. If your record is clean, it will not be any longer when a conviction takes place. Any employer, financial institution, or another party that wants to do a background check on you will see your conviction. This could mean that you will have a difficult time moving forward after your conviction. It may be considerably harder to:

Get a loan.
Be accepted into a school.
Find a job.
Keep your current job.
Develop new relationships with others.
Get financial aid.
Have a housing application accepted.

These are just some of the struggles a person that was convicted of a California misdemeanor crime can face. It is certainly true, getting along in life is much easier without a criminal background.

It is possible to fight misdemeanor charges, especially if you have a talented and knowledgeable San Diego misdemeanor attorney on your side. Potentially the evidence against you was obtained illegally and can be thrown out. Another way to gain a favorable result is with a persuasive defense strategy. Some examples include:

You were under duress at the time the crime was committed and could not avoid doing it without sustaining harm.
You were compelled to commit the crime to avoid a much more severe crime from taking place.
You committed a crime because you were acting in self-defense.
You did not understand or intend to commit a crime and instead, the crime was a mistake of fact.
Intoxication was a factor in the crime that was committed.

August 27, 2021

Can You be Granted Diversion for Your Misdemeanor Crime in California?

by David M. Boertje

Being arrested in California for an alleged crime is never a good thing. An arrest can mean serious legal repercussions including jail time and expensive fines. The implications of a criminal record can follow a person around for a very long time, impairing their ability to succeed in life and society.

Depending on the crime that is committed, it can be charged as a misdemeanor or a felony. Misdemeanor crimes tend to be less grievous than felonies and because of this, the penalties that come with them are not as harsh as felonies. Also with misdemeanor crimes, there is often more flexibility with regard to sentencing after a conviction. On January 1, 2021, updated California law gives judges expanded discretion to grant diversion for more individuals convicted of misdemeanor crimes.

How Do New California Sentencing Laws Affect People Convicted of Misdemeanor Crimes?

Before California Assembly bill 3234 was enacted, there were many misdemeanor crimes that did not qualify for diversion programs. Individuals who struggle with drug addiction and mental health issues were typically the only individuals who could be considered for diversion. Now almost all of the misdemeanor crimes with the exception of just a few for stalking, domestic violence, and sex crimes can be considered for diversion by a judge.

This means that if you are charged with any of the following misdemeanors you could be given a diversion by the judge in your case:

Drug crimes
Criminal threats
Elder abuse
Child abuse
DUI
Assault
Vehicular manslaughter
Carrying a concealed gun

If you are lucky enough to be given a diversion, under AB 3234, it is possible to have your case dismissed. If you complete all requirements of your diversion as set forth by the judge, then you could even have your criminal case erased from your record. Avoiding a criminal record will be critical to the outcome of the rest of your life and your potential success.

Even in situations in which the prosecutor objects to a diversion, the judge still has the final say and can grant it regardless of the position of the prosecution. A judge will set the conditions of the diversion program. Depending on the defendant’s circumstances, this could mean:

Attending a substance abuse program.
Engaging in some type of community service.
Taking anger management courses.
A combination of beneficial and rehabilitative programs.

While the enlargement of the diversion program in California is a valuable opportunity for people convicted of certain misdemeanors to overcome their charges and start anew, there are still repercussions that will not change. Restitution to victims must still be paid. If protective orders were issued, they must continue to be followed. Continue reading

August 13, 2021

How Can a California Drug Conviction Affect a Teen?

by David M. Boertje

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

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 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 4, 2021

Unreasonably High San Diego Prison Deaths Prompt Audit Request

by David M. Boertje

The San Diego County prison has reported the highest death rate when compared to all other large counties in the state. This led the Democratic Party of San Diego County to request that the Joint Legislative Audit Committee do a review that will look at deaths that took place in the prison system during the last 15 years. What the DPSD is seeking to achieve is answers as to why the prison system in San Diego County has seen such a large number of deaths and what is being done to address the problem.

Specifically, the lawmakers who made the audit request are inquiring about:

How the San Diego Sheriff’s Department has acted to lessen incidents of death.
What the demographics of the deaths are and if minorities are dying at a higher rate than other groups.
What the sum total was that the county paid to families that took legal actions as a result of death.
Examine practices and funds used for the Citizens’ Law Enforcement Review Board.

The Sheriff’s Department has accepted the review and is in full cooperation with it.

How Did the Request for the Audit Come About?

The San Diego Union-Tribune did a write-up about the deaths that were occurring in the prison system entitled “Dying Behind Bars.” This article was used by the lawmakers to justify their request for an audit. According to the article, the San Diego County prison system is the sixth-largest in the state of California but has the most deaths. Deaths and suicide are markedly high for inmates in this specific system.

It was found that the prisons were mismanaged in terms of how inmates were treated and what services to which they had access. The article showed that several individuals who died from suicide could have been saved if the suicide-prevention methods were improved and strengthened. Likewise, inmates who had illnesses were not given the quality healthcare they needed.

Potentially preventable deaths present a real tragedy caused by an ill-prepared prison system. This loss of life was also very costly. The prison system had to pay millions of taxpayer dollars to settle legal challenges that resulted.

The next panel of the Joint Legislative Audit Committee will meet sometime this summer. This is when the request for the audit will be seen and if approved, findings would likely be made available by 2022 or earlier. Continue reading