California criminal defense attorney

May 28, 2021

Understanding Your Rights While Serving Time in a California Prison

Citizens of the United States, both those who are unencumbered by the criminal justice system and are free and those who are serving time behind bars after a criminal conviction, have rights. Being arrested, charged, and then convicted of a crime in California is never the intended outcome for a defendant, yet convictions happen every day. Jail time as a consequence of a conviction is also common, but serving time does not make you less of a human or a citizen of the country. You still are entitled to basic rights under the United States constitution.

If you do not know what your rights are, you will have a much harder time understanding situations in which you may not be treated equitably. Understanding your rights can help you keep the dignity you are entitled to as well as protect you from inhumane abuse. David M. Boertje is a San Diego criminal defense attorney who offers experienced and skilled legal counsel and defense to individuals who are arrested for crimes in San Diego. A conviction can have many life-long negative implications. Having the most proficient legal defense supporting you is important to improving the chances that you see the best outcome possible, including avoiding having to spend time in jail.

What Rights Do You Have While You are Serving Time in a California Jail?

An arrest is a suspicion of a crime, not a confirmation of one. When you enter the criminal justice system, you are innocent until proven guilty, and you should be treated like this. When it is proven that you committed a crime, you will face punishment for that offense. If your penalty includes jail, while you are behind bars you are afforded the following protections:

You can not be treated in a cruel and depraved way.
You must be granted access to services and resources that are available to support a disability or illness if you have one.
You have the ability to connect with and use the court system if you need to, so if you have a complaint you are allowed to voice it.
You do not lose due process while in the prison system. For example, if it is alleged that you committed a crime while you were incarcerated you can use witnesses and other evidence to defend yourself. You will not be granted professional legal representation, but you have the right to fight back against the accusations.
You must be able to get the treatment you need for physical and mental issues.
You must not be discriminated against.
You have the right to practice your religion without obstruction and if you do not have a religion, you cannot be forced to partake in religious practice.

May 14, 2021

What Actions are Considered Vandalism in California?

by David M. Boertje

If you were arrested in the state of California for vandalism, you could face either misdemeanor or felony charges. The extent of damages and the cost that results go into determining which charge applies. Under the law, when it can be proven that a person willfully and maliciously damaged or tarnished property, that individual will be convicted of vandalism and handed down a punishment for their crime.

There are several defense strategies that can be used to defend against California vandalism charges. A competent San Diego vandalism defense attorney will explore several angles to find which is the best for their client. Some examples of valid arguments include:

You did not mean to destroy another person’s property and the incident was a mistake.
You were falsely identified as the culprit who committed the vandalism.
You did not actually commit the crime and the accusations against you are untrue.

These defense approaches are just a handful of the different ways that your charges may be fought. David M. Boertje is a knowledgeable criminal defense attorney in San Diego who will thoroughly review your case and assemble the best strategy aimed at keeping you safe from punishment. As a seasoned San Diego vandalism defense attorney, David M. Boertje will support you and safeguard your legal interests.

What Happens When You are Arrested for Vandalism in California?

Personal property that only belongs to one person can be destroyed by the sole owner, and this will not be considered vandalism under the law. The common misconception is that mischievous young people commit these fairly innocuous acts of vandalism. The truth is that many people of all ages and backgrounds vandalize.

These are just a few examples of vandalism:

Keying a car.
Having a fight with your spouse or partner and breaking a valued vase.
Spray painting property that is not your own and without permission.
Ruining wet cement.
Knocking a sign over.
Pushing down a mailbox.
Throwing a rock through someone’s window.

This list is not exhaustive as there are many actions that constitute vandalism. When the vandalism causes property damage that is at least worth $400, it will be considered a felony. Anything under $400 is a misdemeanor. Sometimes a person vandalizes several types of property that are all under $400, but when added together, the total amount of destruction is more than $400. This makes it possible to be charged with a felony.

The important takeaway is that viciously defacing public or private property that you do not own or partially own with another party is likely going to result in a vandalism charge. When the property that you damage is of high value, more severe penalties will follow because you will be looking at felony charges. Continue reading

May 7, 2021

Defending Yourself Against a Battery on a Police Officer Charge in San Diego

by David M. Boertje

Interactions with the police can be scary and distressing. Certain situations in which law enforcement is involved can be downright deadly. Understanding your rights as well as what is legally expected of you when it comes to interacting with law enforcement in California is incredibly important. You may be able to protect yourself from harsh penalties like time spent behind bars as well as expensive fines and other related costs.

Penalties for felony convictions are much harsher than for misdemeanors, but any criminal conviction can affect a person’s life negatively far beyond just serving time. Working with a California criminal defense attorney provides a defendant with hope and the best chances of having their case dropped or at least their charges reduced. Not every legal professional is the same, however; finding the most skilled and vastly experienced San Diego criminal defense attorney is essential to obtaining a favorable outcome and helping you get back to living your life.

How to Defend Yourself Against Battery on a Police Officer in California

April 30, 2021

How Petty Theft in San Diego Can be Charged as a Felony

by David M. Boertje

Taking the neighbor’s bike, lifting a shirt from a friend’s house because you love it, maybe even grabbing a couple of candy bars and a drink from the corner store without paying for them seems fairly innocent. There are many people who think that these actions are not that big of a deal. Taking something here and there without permission or without paying, in reality, is not the most heinous of crimes. Despite this, it still is illegal. In the state of California, if you are arrested for stealing property that is valued at $950 and less, you have committed petty theft. Petty theft is a misdemeanor offense and the maximum jail time you will serve is six months if convicted.

The penalties will increase considerably for some people who are charged with petty theft. Anyone who has been convicted of certain crimes will face a sentence enhancement for their unlawful actions. A person who has a criminal record with qualifying crimes should not take petty theft charges lightly. If you were arrested and charged with petty larceny with a prior in San Diego, you are not out of options when it comes to defending yourself, however. David M. Boertje is a San Diego criminal defense attorney who can discuss your case with you and determine what defense strategy is best suited to protect your interests.

What Happens When You are Charged With Petty Theft With a Prior in California?

April 22, 2021

Why You May Have to Spend More Time Behind Bars After a California Arrest

by David M. Boertje

Individuals who are arrested for alleged crimes can be held in prison until their trial date, even though being arrested does not prove a crime was committed or that the person who was arrested is guilty of any wrongdoing. When this happens, the “innocent until proven guilty” idea does not seem to really apply. The amount of time that a person must sit in jail while they await the official filing of charges and setting of a court date can take months. Defendants who are arrested are extremely lucky to be able to see their day in court in a few weeks, but most of the time, a person awaiting a court hearing will at least spend a couple of months behind bars. The most severe felony criminal charges can keep a person awaiting court for years.

The reason why it can take so long to get a court date is that there are a lot of procedural actions that have to be taken when a person is arrested, including:

The prosecution will review a case and determine if charges should be filed.

April 16, 2021

Can You be Convicted of a Crime in California if You are Innocent?

by David M. Boertje

The criminal justice system is set up to make the truth known, and in doing so, prosecute those who have violated the law while keeping innocent individuals safe from harm. Even though the system works for most cases, it is not perfect. Sometimes an innocent person is convicted of a crime they did not commit. Jailing an innocent person is an incredible tragedy and deplorable misfortune.

The importance of having effective and experienced legal representation is crucial to defending your rights and freedoms when you are charged with a crime. David M. Boertje is a San Diego criminal defense attorney who has a proven track record of successfully helping defendants see their best possible outcome in court. Whether it be negotiating the most beneficial plea deal, having charges reduced, or having charges completely dropped, David M. Boertje has handled thousands of criminal cases and knows how to best serve individuals facing criminal charges. The Law Offices of David M. Boertje is committed to helping you fight your charges and overcome them so you can move on with the rest of your life.

How Often are Innocent People Convicted of Crimes?

March 26, 2021

What is the Difference Between Insanity and Incompetence to Stand Trial in California?

by David M. Boertje

The Due Process Clause of the 14th Amendment protects people who are not competent from being unfairly prosecuted during a criminal trial. In some situations, it is beneficial for a defendant to be declared incompetent to stand trial because they lack the ability to understand their charges or they are mentally unfit to be involved in their own case. Often, incompetence gets confused with an insanity declaration. In fact, the two are different.

If you have been arrested for a crime, David M. Boertje is a San Diego criminal defense attorney who can help you fight your charges and secure the best possible outcome. David M. Boertje’s goal is always to have your charges dropped and your case dismissed. When that is not possible, finding ways to get your charges reduced and keeping you out of jail is the next approach. Potentially, your case may benefit from asking a judge to declare you incompetent to stand trial or you may be able to go to trial and use the insanity defense.

What is the Difference Between an Insanity Plea and Being Declared Incompetent to Stand Trial?

March 19, 2021

Can You Beat Your California Credit Card Fraud Charges?

by David M. Boertje

Maybe you used another person’s credit card because you believed that you had permission to do so. The problem is that when a credit card or debit card is used without permission, the purchases are considered a form of theft by the California court system. This is unlawful activity, and if you are charged with using another person’s credit card to make purchases, you could be charged with credit card fraud in California.

A California credit card fraud charge can be prosecuted at both the state and federal level depending on the details of the case. As a white-collar crime, there are stiff penalties associated with credit card fraud. If you are facing penalties, it is vital to protecting your freedom and your future that you have the very best San Diego criminal defense attorney representing you. A first-rate attorney will know how to examine your San Diego fraud case at every angle to devise an effective strategy that will make it difficult for the prosecution to prove their case against you.

What Type of Defense Strategies Can be Used in a San Diego Credit Card Fraud Case?

March 12, 2021

Can a Police Officer Legally Pat You Down After Detainment in California?

by David M. Boertje

Detainment by the police is not an ideal situation; it can come with excessive distress and angst. The important thing for anyone who is pulled over by a California law enforcement officer is to know that cooperation is key to preserving your legal rights, civil liberties, and freedoms. Regardless of your connection with a crime, becoming aggressive and uncooperative with law enforcement will almost always result in an unfavorable legal outcome for you.

There are several reasons why working with a San Diego criminal defense attorney is beneficial for defendants. A skilled and tactical California criminal defense attorney is immensely helpful for defendants when they are detained by ensuring police do not unfairly question them and bully them into self-incrimination. The advantages of working with an attorney do not end there. Your legal counsel will know how to comprehensively evaluate your criminal situation and extract any incidents where there was misconduct on the part of authorities. If there is evidence of inappropriate or unlawful behavior by law enforcement, you can have the evidence they collected against you either be thrown out or you could potentially have your charges completely dropped.

David M. Boertje has dedicated his life to protecting the rights and liberties of individuals arrested for crimes in Los Angeles. He has a thorough knowledge of California criminal laws and keeps up to date on all changes that transpire. He knows about the programs and alternative options that individuals arrested for crimes have available to avoid prison time and to beat their charges.

When Can a California Police Officer Engage in Stop-And-Frisk Actions?

It is legal for a California police officer to pat you down. An officer can pull you over or stop you if they have some amount of suspicion that you were involved in a crime. If they have a valid court-ordered warrant, they can come to your home and make an arrest. If you are only detained for a short amount of time and not patted down, then this is known as a Terry Stop. However, if the police think that you have weapons on your person, they can then elevate a Terry Stop to a stop-and-frisk where they can physically inspect your body to feel for potential weapons.

You have rights too, though. The 4th Amendment to the United States Constitution protects you from being victimized by unreasonable search and seizure actions against you by the authorities. If you were illegally stopped and frisked by law enforcement in California, this is a breach of your civil rights. When this type of behavior happens, the information collected, or evidence against you will be invalid with respect to supporting your criminal charges. Continue reading

February 26, 2021

Porch Pirates in California May Face Harsher Penalties for Crimes

by David M. Boertje

COVID-19 has changed all of our lives and the way we conduct daily activities. Limitations on store capacity, curfews, and fears of contracting the virus have led more people to do their shopping online. You can go down any street these days and see multiple homes with packages on their front step or porch. Because there has been a marked increase in online ordering, everything from home goods to groceries, there has been a corresponding rise in these packages being stolen.

“Porch piracy” is the term used to label the act of stealing a package off of someone’s porch or the entrance to their home. The theft of packages has gotten the attention of Senator Brian W. Jones who, in response to the issue, put forth Senate Bill 358. This bill would make the penalties for porch piracy much tougher so that individuals tempted to engage in the crime would be dissuaded from doing so.

What are the Current Porch Pirate Laws in California?

According to Senator Jones, current laws are too soft on criminals who steal from others. SB 358 would fix the lenient punishments by replacing them with harsher ones. Right now theft of one’s package from their home is considered a misdemeanor. This classification does not change even in situations in which the offender continues to commit the crime. Under the provisions of SB 358, a first offense will result in a misdemeanor. However, if an individual is arrested in three or more instances for porch piracy over a three year period of time, the charges will be elevated to a felony level.

Going from a misdemeanor to a felony means that the amount of time spent behind bars will be increased. Not only are there more packages being sent to homes, but the law in California treats porch pirates differently than they treat a person who breaks into a home and robs it. This is another reason why there are more offenders who are guilty of committing the crime on a regular basis. Individuals convicted of porch piracy do not fear the California criminal justice system because the penalties are too weak. So, there is no real deterrent for these individuals.

SB 358 has not yet been passed. Currently, the legislation is waiting to be assigned a hearing date. Continue reading