Articles Tagged with California criminal defense attorney

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In the state of California, when someone restrains or detains another person against their will and in an unlawful manner, this is known as false imprisonment. False imprisonment, or false arrest, as it is also known, impedes a person’s ability to move and infringes on their freedom. As such, it is a crime in California the same way that it is a crime across most of the United States. If you were arrested for false imprisonment, you may be facing a misdemeanor or a felony charge. It really comes down to the details of your case, and the prosecutor has the authority to determine which charge will be levied against you. 

After an arrest in California, you can trust the skilled legal guidance of the San Diego criminal defense attorney David M. Boertje. It is best not to take on criminal charges alone. David M. Boertje knows the criminal justice system and can fight on your behalf to secure the most favorable outcome for your case.

What Determines if False Imprisonment Will be a Misdemeanor or Felony?

The prosecutor tasked with assessing your case will look at many factors when determining the right level of charges. If force and aggression were used to detain someone or if fraud was a factor, then a felony may be the prosecutor’s decision. This is especially true for a person who already has a long criminal history. 

If a prosecutor chooses a felony charge, then the punishment will be harsher than it would be with a misdemeanor. With a misdemeanor, a year in county jail would be the maximum penalty, but with a felony, that penalty could increase to up to five years spent behind bars in state prison.

Not only will false imprisonment likely lead to some amount of jail time if a conviction takes place, but the victim of such an experience may also be able to file a civil suit against the individual who subdued them. Civil cases are different from criminal cases. In a criminal case, the bar to serve a guilty verdict is high, and jurors must believe a defendant committed a crime beyond a reasonable doubt. Civil cases, by contrast, only require jurors to believe that a defendant likely was negligent. While criminal cases where a guilty verdict is decided will result in some type of punishment, a civil case can result in financial compensation to the plaintiff.

Being arrested in California for false imprisonment can have far-reaching negative implications including establishing or adding to criminal history, jail time, and potentially payment of a settlement to a victim for their damages. Continue reading

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Today’s technology can make or break a criminal case. Specifically, the ability to identify DNA, which can more easily find people that could be linked to or associated with a crime is a big deal. DNA is one of the primary pieces of evidence forensic investigators will be looking for when they sweep a crime scene. If found, a prosecutor may build a case around it and target the person whose DNA was left behind. Even though DNA can be a robust and convincing piece of evidence against a defendant, it is not always enough to secure a guilty verdict. 

In some cases, DNA alone can be convincing and lead to a conviction. In others, a jury is tasked with believing beyond a reasonable doubt that a defendant committed a crime in order to convict. If they are not sure and still have some lingering doubts, it could be possible for a defendant with DNA evidence against them to avoid conviction.

Residents of San Diego and the surrounding areas who are arrested should immediately get in touch with professional legal counsel. The San Diego criminal defense attorney David M. Boertje has been devoted to helping individuals mixed up in the criminal justice system fight for the best outcomes, including not guilty verdicts or reduced charges. David M. Boertje knows how to get results.

What Happens if DNA Leads to a Conviction?

When DNA is present, this piece of evidence can be compelling enough for a jury to want to convict. It is not always the situation, but defendants should know that it can be. Even if a guilty verdict is rendered, a defendant is not out of options. A defendant has the right to appeal that verdict and potentially get a better result.

There are several examples in which DNA was a primary reason for a guilty verdict. However, upon appeal, a conviction of a crime was overturned. This is the best possible result of an appeal.

Individuals arrested and charged with crimes can strategically position themselves to secure the most favorable outcomes for their cases when they have experienced legal counsel on their side. When it comes to DNA evidence, this is certainly powerful proof that may show a link to a crime. Though, in the absence of other forms of evidence, it can be hard for a jury to believe that a defendant committed a crime beyond a reasonable doubt and then convict. Should this happen, and there be serious questions and a lack of supplemental evidence to support the DNA exhibit, the defendant may have a case to make that, upon appeal, can overturn their guilty verdict. Continue reading

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When two parents are responsible, loving, and protective of their children, whether they are together as a couple or separated, it is reasonable to say having each person in the child’s life greatly benefits the child. For most parents, the thought of having their child abducted can be sickening and immensely upsetting. Typically, when one thinks of child abduction, one imagines a malicious type of stranger grabbing a child and running away. While this does happen, the majority of child abductions are perpetrated by parents.

As high as 78% of all missing children reports happen when one parent unlawfully takes their child. In these instances, it is generally a parent who has an established custody arrangement and fails to follow it. Out of all of these situations, the leading reason why parents who violate their child custody agreement do so is that they want the agreement to change or be modified. Then, for more than 20% of the missing child reports, it is not either parent that abducts the child but rather another family member like a grandparent.

What Happens When a Parent Unlawfully Takes Their Child in California?

The good news is, in many instances when a parent unlawfully takes their child, the child usually is not in danger and will likely be returned home without much fanfare. 

If a parent acts in an egregious way by taking their child and fleeing the state, being unresponsive, and keeping the child in an unknown location for a long period of time, then they may be charged with parental kidnapping. Also, if one parent refuses to abide by child custody guidelines and denies the other parent access to their child, parental kidnapping charges may apply here too.

The criminal charges of parental kidnapping can be either a felony or a misdemeanor because this type of crime is what is considered a wobbler.

Misdemeanor parental kidnapping charges in California can come with punishments including:

  • $1,000 fine
  • One year in county jail

Felony parental kidnapping charges in California can come with punishments including:

  • Three years or less in state prison
  • $10,000 or less in fines

There are several aspects of a potential kidnapping case that a prosecutor will examine when it comes to determining the right charge to apply. The child’s safety and well-being are one of the top considerations. If there is any belief that the child was in danger at any time while they were with the parent who allegedly kidnapped them, it is highly likely that the prosecution will favor a felony charge over a misdemeanor. In this case, having a San Diego felony defense attorney is the best option for overcoming one’s charges.

Even if the crime is determined to be a misdemeanor, a conviction can result in the parent who kidnapped their child losing any unsupervised access they previously had to their child. Continue reading

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Carjacking is a crime in the state of California. It is defined, essentially, as one party using force or threats to take another’s automobile. The penalties for a carjacking conviction can be quite serious. As a felony offense, carjacking can come with many years behind bars. One’s sentence could be as high as nine years. This is why it is critical that when you are arrested for carjacking, you have an experienced and tactical attorney on your side protecting your rights and interests.

David M. Boertje is a San Diego theft crime defense lawyer who has extensive experience providing effective criminal legal defense services to individuals charged with various crimes, including carjacking. The outcome of your case will be heavily impacted by the quality of your legal representation. At the Law Offices of David M. Boertje, building persuasive and compelling legal defenses and providing the highest quality legal counsel for individuals who find themselves facing criminal charges is our focus and objective.

Implications of Carjacking in California

When one party uses force or fear to take a motor vehicle that does not belong to them from another party, against the will of that other party, this is considered the criminal act of carjacking. The party attempting to forcefully steal a car from another party does not even have to be successful to face criminal charges. Even an attempt to engage in such conduct can result in an arrest.

Let’s say you open a car door with someone inside. You try to get them out of the car but they are quick enough to put their foot on the gas and evade you. Should an officer see this scenario, you will be arrested for attempted carjacking. Attempted carjacking has its own penalties with respect to the amount of jail time you could face.

Should you be successful with your carjacking attempt and you take off in another party’s car but there is a passenger in that car, you may also be looking at kidnapping charges. The penalties here are even more severe. Under California’s kidnapping laws individuals who are convicted of this crime are looking at a life sentence in state prison with the possibility of parole.

Ultimately, the extent of the punishment will come down to the details of the crime and the judge’s discretion. The best approach in these situations is to work with an attorney who knows the law, how to protect your rights, and the best way to put together a believable defense that can convince a jury to have doubt about your guilt. If your attorney can accomplish this, that is, put uncertainty into the minds of the jury hearing your case, then you may be able to avoid a conviction. Continue reading

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By the third quarter of 2021, there were an estimated 284 million vehicles driving about throughout the United States with 228.2 million licensed drivers. The United States has some of the highest levels of road traffic when compared to other similar developed nations. In terms of states, California has the most licensed drivers. Because of this heavy road traffic, the US also reports more frequent vehicular accidents than its counterparts.

There are many ways a car accident can happen, but speeding, driving under the influence, and distracted driving are some of the most common causes reported. A common misconception is that illegal drunk driving incidents only happen when a driver has alcohol in their system. While driving with a blood alcohol concentration of 0.08% or more is illegal and a frequent occurrence, there are other situations that also constitute driving under the influence.

Can You be Arrested for Driving With Prescription Drugs in Your System?

California drunk driving laws indicate that driving with more than a certain level of alcohol in the system is unlawful, but so is driving with drugs in the system. This is true for illicit substances, over-the-counter medicines, and those that come from a valid prescription.

If the drug or medication you are taking has impairing side effects, even if you only feel the symptoms are minimal, you should avoid driving until the drug is out of your system. If law enforcement pulls you over because they believe that you are driving unsafely or erratically, consistent with someone who is under the influence, they could arrest you if they find you ingested certain medicines.

For example, for nighttime cold medicine, the warning label will often indicate drowsiness is a side effect. Drowsy driving is incredibly dangerous; there are many issues a drowsy driver has operating their automobile that drunk drivers also have. Slower reaction time, inability to stay focused, and struggling to stay awake are just a few. 

Another example is if you suffer from chronic pain, your doctor may have provided you with a prescription for narcotics to manage that pain. It is legal to take narcotics that were prescribed to you. But, if the narcotics cause you to feel dizzy, sleepy, affect your vision, or cause other side effects, you are putting both yourself and others in danger of injury or death when you get behind the wheel.

If you have a prescription or over-the-counter drug in your system and you cause a crash or are arrested, the fact that the medicines you took were legal will not be a valid defense to a driving under the influence of a drug charge. 

There are some aspects of your arrest that you may be able to use in your defense, however. A San Diego DUI defense attorney will know what aspects of your case can be challenged to give you the best chances of overcoming your charges. Continue reading

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The difference between civil law and criminal law can be confusing at times. In some cases, there can exist both a civil and criminal component to an illegal act. This situation can be true when it comes to harassment. Depending on the details, harassment can be a civil and a criminal matter at the same time.

Civil cases can settle outside of court or go through litigation in court to come to a financial settlement for damages a victim suffered. Civil cases are brought by a person who has been the victim of some type of harm caused by another person’s actions. Criminal cases, by contrast, are brought by the government of a county or state whose purpose is to enforce specific punishments for one’s behavior. Depending on what the criminal charges are, the consequences can be strict.

In both civil and criminal cases, working with legal representation is advisable to improve the chances that you will secure the best possible outcome. In California, David M. Boertje is an experienced San Diego criminal defense attorney that can help you if you are facing criminal charges.

How Can Harassment be a Civil and a Criminal Issue?

For the purposes of this article, we will focus on charges of harassment in California. California recognizes civil harassment as behavior that:

  • Includes unlawful violence such as assault.
  • A real and believable threat that violence may happen.
  • There is no reason for the unlawful violence or threats that are frightening and causing an individual to experience feelings of distress.

A victim of civil harassment can file a lawsuit against the party causing their troubles. If they are successful with their claim, they can obtain financial compensation. In some cases, they may also be able to have a restraining order issued. 

When a person is criminally charged with harassment, it is because the level of harassment they are inflicting on another person is elevated. It is willful and pernicious and it is happening regularly on a recurring basis. The behavior is also causing victims great fear regarding their safety.

Criminal punishments for harassment in California can include expensive fines and jail time in either a county or state facility. It is best for individuals charged with criminal harassment to connect with qualified legal counsel. These charges are very serious and can come with harsh punishments. An attorney will know how to form a strategic defense against the most severe penalties.

Jail time and fines are difficult enough to manage. Even after you have paid your fines and served your time, you may still struggle to achieve various goals in your life because you now have a criminal record. This is why it is crucial that you position yourself to obtain the most favorable outcome. Continue reading

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According to Chesa Boudin, San Francisco’s District Attorney, the DNA taken from sexual assault survivors is being used to help investigations into other crimes that are not even related to the sexual assault victim. One example was a woman who was found and charged with a felony property crime who was the victim of a rape in 2016. In this case, the DNA from the woman from her rape examination was used as evidence against her in her felony case. 

Supposedly, the San Francisco DA’s office has said that this was not an isolated case where the practice was used. Instead, it was the standard operating procedure. If these claims are true, this raises serious legal questions about how the government is collecting and using DNA. 

How Has the San Francisco Police Responded to the Allegations?

San Francisco’s Police Chief, Bill Scott, appears to be engaging in a proactive response to the allegations. According to SFPD Chief Scott, there will be an investigation. If the investigation shows that the DNA of victims is a tool that is being used to find answers to other crimes, then the practice will stop.

DNA is an incredibly powerful tool to locate potential lawbreakers and convict them of their charges in California and across the rest of the United States. Because of this, police departments far and wide collect DNA and catalog it as a resource when they are looking for criminals.

California DNA collection laws allow police department crime labs to be able to establish their own databases which are not linked to those that the federal and state government have. These labs can analyze their samples without any oversight and regulation.

One of the primary concerns of this practice is the potential negative effects it will have on victims. Meaning, that if a person is victimized by a crime, they may be less inclined to come forward and report what happened to them out of fear that their DNA could be used against them in the future.

Whether this practice is standard or not is still being adjudicated. But many police departments around the country have come forward to deny that these practices are widely used in criminal investigations. In other words, a victim’s DNA is never used as a means to investigate other crimes. 

If you were charged with a crime in San Diego, it is imperative that you have legal counsel on your side that is experienced and skilled to secure the best outcome possible for your case. One way your San Diego criminal defense attorney may be able to dismantle the prosecution’s argument against you is to show that evidence used was illegally obtained and therefore needs to be thrown out. When this happens, a case can be dismissed regardless of its strength. Continue reading

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It can be incredibly stressful and scary to be put under arrest for a crime. But, when you did not commit the crime that you have been arrested for, you may feel even more uneasy, frightened, and worried about how things will pan out. And while the eyes of the criminal justice system in the United States are said to be blind, not every person who is arrested gets a fair and true outcome for their situation.

When an innocent person has to endure the harsh penalties associated with committing a crime, it is an outrageous injustice. This type of situation also becomes another blaring example of a system that does not always get it right all of the time. So, even if you were questioned with relation to a crime you did not commit or you were arrested for a crime you are not guilty of perpetrating, relying on the justice system alone to clear your name is not ideal. 

If you live in San Diego, even in these situations, partnering with an experienced criminal defense lawyer in San Diego is recommended to protect and safeguard your rights and interests. This is because you have rights as outlined in the United States constitution.

Why Do Innocent People Need Legal Representation?

It is a misconception that an innocent person has nothing to worry about when they are being charged with a crime they did not commit. Still, so many people believe that if they did nothing wrong, this invalidates their need to have criminal legal counsel. This belief could not be further from the truth, and the reality is that when you are arrested, guilty or not, you are taking a huge risk without having an attorney by your side.

While the system should be considering all people innocent until they are proven guilty, in real life, this does not happen all of the time. In fact, when a person becomes a defendant, or someone being tried for a crime, they typically are not treated as an innocent party while their case progresses.

For this reason and more, arming yourself with competent legal counsel is in your best interests. Your attorney will advocate for you, fight to protect your constitutional rights, identify errors and issues with the prosecution’s case against you, and find inconsistencies that can all show you are innocent. Or at least, that you should not be convicted because the evidence against you does not rise to the level of the legal standard that exists, “beyond a reasonable doubt.”

While you may feel like you are in a position in which you have to prove your innocence, the criminal justice system is not intended to work that way. It is supposed to be the job of the prosecutor to prove that you are NOT innocent. However, during criminal proceedings, it can be incredibly overwhelming. As a result, you may feel like you are the one who is tasked with taking on the legal burden of establishing your innocence. Continue reading

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Being questioned by the police is not a situation anyone would want to be in or one that anyone would envy seeing someone else enduring. Part of the job of a police officer is to gather evidence when they have probable cause and reasonable suspicion that a crime took place. Even if a crime did occur, if the police do not have grounds to take evidence or to question a person, what they uncover may not be admissible in court. As a result, the person who is arrested may have their case dismissed.

The police have many responsibilities and privileges that come with their position. But they also have protocols that must be followed to do their job. When they violate those guidelines, they can be held accountable to the person who was on the receiving end of their misconduct. This individual may be able to avoid criminal punishment as a result of errors in judgment by the authorities. Having an attorney who thoroughly understands the law and knows where to look to identify violations by the authorities can protect your rights and keep you out of jail.

Different Type of Questioning Categories Explained

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Seeing those lights flashing and hearing the sirens coming for you can be a distressing situation to be in for anyone. When the police pull you over or knock on your door, it is natural to feel scared, nervous, and unsure even if you have nothing to hide because you have not committed any crime. On the other hand, if you did do something unlawful, the level of your concern can be much more overwhelming.

It is important that if you are arrested or brought into the police station for questioning in San Diego that you have an attorney to protect your interests and safeguard your rights. It can be intimidating when the police are questioning you, no matter what your involvement is with a potential criminal situation. What you say can be used against you, which is why having the protection of a San Diego criminal defense lawyer is so incredibly important.

How Do the Police Get People to Give Them Information?

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