Articles Tagged with California criminal defense attorney

People often wonder why anyone would choose to defend individuals who are accused of the most appalling of crimes. Sure, it is reasonable that a strong defense ought to be mounted for minor incidents like smoking pot, illegal protesting, or maybe even something like shoplifting.  But what about kidnapping, rape, or murder? Why should people accused of these kinds of monstrous crimes be protected with zealous efforts by criminal defense attorneys? 

The Constitution

To begin with, the United States Constitution entitles everyone to an attorney and a defense.  Period. These rights are not rescinded when the indictments make the public nauseous. In America, thank goodness, a prosecutor must prove a case beyond any reasonable doubt. This is a good thing on many fronts. Specifically, allegations and charges are oftentimes flat-out wrong. The presumption of innocence, along with other important principles, is cherished by every defendant—regardless of the nastiness of the crime in question.

Benefits for Everyone

And here is another point worth noting: The connection between government and governed is tenuous in terms of balance. When a strong defense is mounted, it pushes the prosecution toward a more accurate and unbiased push for justice. Despite the sentiments that compel the quest for guilt and vengeance, our justice system requires a rational and impartial look at the evidence of any given case. It demands that officials behave in transparent and conscientious ways and that they follow conventional techniques and practices. When just one step in the quest for justice is botched or manhandled, the promise of a judicial system that works for the people is lost—not just for a particular defendant—but for all of us.

It Beats Vigilantism

To be sure, atrocious crimes feed the furies of the public. If not for a principled pursuit of justice, communities might alternatively feel the need to mete out justice without the benefit of trial, judge, and jury. How much better, then, to provide the elements needed to seek the truth and deliver justice with temperance and dispassionate calm?

A System in Need of Repairs

Certainly, no one argues that the justice system in the United States is perfect—far from it.  Suggested improvements have been tossed around for years, including examining the alternative justice courts, putting an end to cash bail systems, and providing more treatment programs to address addiction and mental health disorders. Undeniably, services to prepare convicts for an honest life outside of prison are lacking, and do not reduce recidivism rates to the degree we would like to see. But with all the discussions of potential improvements and adjustments to the system, there is one thing you will never hear in the United States: a call to eliminate defense attorneys, even for the most monstrous of crimes. That is because in America we rely on defense attorneys to balance a system that could otherwise tilt misguidedly toward guilty verdicts, ignoring innocence time and again. As the system stands, that happens enough already. Continue reading

If you are on trial for a serious crime, you can find some solace in the fact that courts have rules at both state and federal levels related to the relevancy of any and all evidence presented at trial. That means photos, witnesses, physical evidence, and more must be deemed reliable and pertinent before it gets in front of a jury. Does that mean that only prescient information gets to the jury? You might think so, but that is not always the case. 

Case in Point

One recent case exemplifies a problem that is becoming increasingly common. It surrounds a 17-year-old boy who found himself sentenced to life in prison based on circumstantial evidence. There were no witnesses to the crime, and there was no physical evidence. So, what convinced the jury that he was guilty? The lyrics of a rap song he had written were central to the conviction, despite the fact that they were difficult to understand and certainly open to multiple interpretations. 

Bias?

“I shot the sheriff…” crooned Bob Marley.  No prison for him. Jimi Hendrix sang that he “caught her messin’ round town, yes I did, I shot her…” and was never even interviewed by police about the lyrics or murder. And when Bob Dylan sang about seven dead people in the Ballad of Hollis Brown, no one fretted he might be a murderer in our midst. The fact is, there are hundreds of thousands of popular songs from every genre that talk about acts of violence. Those lyrics are viewed as art, the songs a thread woven through American culture. Why, then, has rap music gotten such a bad rap?  It has got to be nothing short of bias.

Legislation Necessary

The music industry has taken note of the bias against rap music, particularly in the aftermath of a RICO (Racketeer Influenced and Corrupt Organizations) indictment against famous rapper Young Thug in Georgia. The Grammy-award winner’s lyrics have been used against him in court, as prosecutors claim them to be overt acts. California is one state that is listening to the protest against using rap lyrics in criminal trials.

California Puts a Stop to Prejudicial Courtroom Antics

Governor Newsom says that all artists deserve to be able to create without being afraid their lyrics will be used against them in court—and he signed a bill into law saying as much. No longer can prosecutors use lyrics without the court thoroughly examining the research on that particular form of expression and considering racial bias. California is blazing the trail for more fair, impartial outcomes in a court of law. Continue reading

When you are up against criminal charges, you need an attorney by your side who is both ethical and willing to fight for the best possible outcomes for you. At The Law Office of David M. Boertje, our clients know we will go to bat for them, with several key principles guiding our decisions: 

• We treat every single defendant with respect and dignity, and we speak frankly and honestly;
• We work to ensure that legal procedures are adhered to and defendant’s rights are protected;
• We fight for access to diversion programs in lieu of jail time whenever it is an option;
• We fight to ensure that minor defendants are treated like children, not thrust into the adult criminal justice system;
• We endorse restorative justice, not purely criminal consequences;We insist that forensic evidence is dealt with properly (and call it out when it is not) and that expert testimony is challenged for biases and/or misinterpretations;
• We shoot for treatment programs, not punishment, when mental illness or addiction is a factor;
• We fight aggressively against signs of racial and gender disparities;
• We strive to hold law enforcement accountable for their actions and mistakes.
• We enter any plea bargain negotiations with the goals of  fairness and just outcomes, and agree only with client consent.

Protecting Your Rights 

The Constitution and the Bill of Rights guarantee every criminal defendant the right to just treatment. No matter the alleged crime, every defendant is entitled to the following:

• Fifth Amendment Protections: Anyone who has watched cop shows on television knows that the Fifth Amendment gives you the right to remain silent—but there is lots more to it. The Fifth also ensures that serious felony cases cannot be prosecuted unless, after a preliminary hearing, a judge determines that there is enough evidence to hold a trial or after a grand jury has issued an indictment. Defendants are also protected from double jeopardy, which means after you are found not guilty in a trial, you cannot be charged again by the state for the same crime. Finally, the Fifth Amendment provides for economic liberty, which is important in property issues like eminent domain.
• Sixth Amendment Protections: Defendants are entitled to a speedy, public trial in front of a jury of impartial peers. The idea is that that indefinite detentions will not occur.  Defendants are also guaranteed the right to an attorney. 
• Eighth Amendment Protections: Defendants are protected from extreme outrageous bail requirements and/or fines, and are shielded from cruel and unusual punishments.

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An arrest can be a scary thing, whether it is your first or your hundredth. That is because, as an arrestee, you feel like you have no control at all. But nothing could be further from the truth!  The central thing you need to remember is that you have the right to remain silent. That gives you all the control you need. 

Miranda Laws

When police are doing their jobs correctly, they must inform you of your Miranda rights: 

• The right to remain silent;
• The fact that your comments can be used against you in court;
• Your right to an attorney;
• The responsibility of the court to appoint an attorney if you cannot pay for one yourself.

Nonetheless, there will be tremendous pressure to talk about the crime in question, and even to confess. Don’t. Ask to speak to your attorney and say nothing more. Be aware that your interrogation is not just a simple question and answer session; police have been trained to extract information, and they use several extremely powerful psychological strategies to get what they want. One of these strategies is deception.

Limits to Lying 

Law enforcement is allowed to misrepresent what they know about a crime and can make assertions that seem to make you look guilty, even if they are not true. They cannot lie specifically about your legal rights, but they can twist, and even invent “facts.” For instance, they could falsely claim that an accomplice has already given you up. Perhaps they will say they found your fingerprints at the crime scene. There is one line they cannot cross: any statements you make must be voluntary. In other words, legally, they cannot threaten you, physically intimidate you, or otherwise force you to speak to them without the presence of your attorney. If the “totality of the circumstances” in a confession so much as hints that it was not voluntary, it may be inadmissible in court. 

What to Watch Out For

Whenever you are questioned by the police, assume you are a suspect. Even what seems to be casual chatting and questioning gives them an opportunity to collect information that could later be used against you. Always ask if you are free to leave, and if you are not, give only your name until your attorney is there.

The Reid Technique

There are three key parts to a coercive strategy called the Reid Technique, which police often use to get a confession (whether or not the suspect is guilty):  

• Isolation:  The suspect is confined in a small interrogation room in order to create a sense of isolation and panic.
• Good Cop/Bad Cop–Maximization:  This one’s just like what you’ve seen on tv! The first officer comes in with the bad news that a conviction is inevitable based on the (often false) facts they have. The cop will seem confident that they have an air-tight case against you. 
• Good Cop/Bad Cop—Minimization:  Now that they’ve got you feeling rattled, the good cop makes an entrance to let you know that your crime was understandable, and a confession will lead to lesser charges—maybe even the opportunity to go home. Ah—the perfect opportunity to fess up—to someone who really understands you! Don’t fall for it!

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If you were arrested and it is likely that criminal charges will be filed against you, then the actions you take next are critical to protecting your rights and freedoms. It is best in these situations not to delay in looking for quality legal counsel to defend your interests and protect you from harsh criminal penalties. Having an attorney with you through each step of the process can make navigating the complicated criminal justice system much more manageable and improves your chances of getting the best possible results in your case.

Residents in California can count on the trusted and effective legal counsel of San Diego criminal defense attorney David M. Boertje. Attorney Boterje has many years of experience helping individuals fight their charges and secure optimal results.

Why Hiring an Attorney Early is Important

There are several benefits to having legal counsel with you from the start including:

• Avoiding Excessive Charges: State prosecutors are aggressive and there is a good possibility that during pre-filing, they will be inclined to over-charge you for much more serious offenses than necessary. It happens more often than people think. Having a lawyer before charges are filed against you can minimize the chances of this happening to you. Plus, if your attorney has established relationships with local prosecutors, then this too, puts you in a much better position for negotiations to take place.
• Running Interference with Law Enforcement: Instead of having to sit through an intense questioning session alone where what you say can be used against you, your lawyer can manage communications for you. In this way, you can avoid the pitfall of self-incrimination.
• Assessing How Law Enforcement Gathered Evidence: Your lawyer will know how to assess the actions of the police to determine if they unlawfully obtained evidence against you. When this happens your lawyer can file a motion to have the evidence be excluded from your case or depending on the situation, there could be the potential to file a motion to dismiss your case completely.

• Obtaining Reduced Charges or Dropped Charges: Your lawyer is going to investigate your case for any and all information and evidence that can help you overcome your charges. There may be evidence your attorney collects for you to present to the prosecutor which will prompt them to reduce your charges. You may even have evidence that shows you are not guilty and your charges could be dropped.
• Preserving Evidence: When your lawyer does their investigation it is critical that they get started early to help build the strongest defense for you. When you delay in connecting with an attorney you also are putting off their ability to investigate and get all of the crucial evidence that could exist which may be invaluable to helping you avoid a conviction, having your case dropped, or having your charges reduced.

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There are many factors that go into a successful court appearance, and every little detail matters. Your attorney is going to put extensive work into gathering information and forming a strong defense strategy that can place you in the best light, place doubt in the jury’s minds about the crime you are charged with, and explain why you deserve to secure a not-guilty verdict. You should also put effort into making sure you are supporting your defense in any way possible including what you wear and how you look. This is because the way a jury perceives you can play a big part in how they evaluate your case.

When you are defending yourself against criminal charges in California, it is best to have the most effective and experienced legal counsel on our side advocating and fighting to get you the best possible outcome. David M. Boertje is a San Diego criminal defense attorney who will not only put together a strategic and sound legal defense for you and litigate it in court on your behalf, but attorney Boertje will also guide you on what to expect and do to secure the best outcome possible for your case.

Tips for Dressing for Court

There are going to be people who are not impacted by the way a defendant looks, but there are others who are. You cannot know what the makeup of the jury is going to be in your case or what the judge’s preconceptions are. It is better to err on the safe side and dress appropriately so that you can put your best foot forward. Consider the following tips:

• If you have body jewelry that is visible, remove it.
• If you have tattoos and body art that is visible, cover up what you can.
• Keep your clothing more conventional and conservative, nothing too flashy.
• Make sure your clothes fit you well and are laundered and ironed where necessary.
• Make sure your hair is clean and in place.
• Make sure your clothes are appropriately fitted to your body but that they are also comfortable to wear and sit in while you are in court.
• Groom your entire body. Not only should your hair be in place but your nails clean and clipped, skin cleaned and shaven, and teeth brushed.
• Do not keep too many loose items in your pockets so you do not make much noise as you move about.
• Wear minimal jewelry, if any.
• Do not wear a hat.

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