San Diego criminal attorney

April 9, 2015

Proposition 47 Causes Noticeable Drop in California’s Incarceration Rate

Even though it has only been a few months since Proposition 47 has made its debut, the incarceration rate throughout the state of California has dropped a noticeable degree. As most of you may know, the controversial Proposition 47 (“Reduced Penalties for Some Crimes Initiatives”) made its way onto the ballot via the California ballot initiative process. This means that the proposed law had garnered enough petition signatures to make it onto the ballot. It was then voted on by California voters this past November, and was approved by the majority (59.61%) of the state’s voters. Since it became law, the city of Los Angeles , which houses the country’s largest jail system, saw an inmate population decline from 18,601 to 17,285 by the New Year. As such, studies have shown that it is not jail-time that is actually behind the drop in the nation’s crime rate, but rather factors such as commonsense policy reform.

What This Means for You

Specifically, Proposition 47 will reduce certain felonies into a misdemeanor, including:

April 4, 2015

Are there circumstances where Miranda rights don’t have to be read?

by David M. Boertje

As reviewed in the previous blog, Miranda rights protects one from compelled self-incrimination, but this right is not absolute. There are certain exceptions to the Miranda rule where police do not have to read you your rights. This means in any of these situations, police will use what you say against you in the courts processes without reading you your rights:

It does not apply to basic questions.

Police are still allowed to ask you basic questions not related to a suspected crime such as your name, address, etc. When asked these basic questions, it is best to just answer them but provide no more information than the police ask. If police start asking more substantive questions about your involvement in a crime, etc. respectfully decline and request a lawyer to be present.

March 25, 2015

Teen Suspected of Making Online Threats Through the Burnbook App

by David M. Boertje

Early in March, San Diego Police investigated two threats of violence to high school campuses using social media. On March 5, they investigated a threat made to to Del Norte High School through the Burnbook app. On March 11, another threat on the Burnbook app was made against Mission Hills High School in San Marcos, Ca, indicating that the poster was building a firearm. The Burnbook app allows users to post pictures and texts anonymously, modeled after the “Burn Book” made famous by the notorious movie “Mean Girls.” Students in other schools also claim that the app is being used for cyberbullying. In these two instances, parents and the school principal contacted the SDPD immediately after discovery, but in both instances, it was found the threats were not “credible” because they were not specific enough.

This is just one of the many times the legal question of when “free speech” becomes an illegal threat not protected by the First Amendment has come up, given current events. Just recently, a Seattle man was sentenced for making Facebook threats against Officer Darren Wilson, though the judge believed he was merely expressing a strong reaction.

When Does “Free Speech” Rise to the Level of a Criminal Threat?

March 6, 2015

Motions to Seal Vs. Motions To Expunge: What’s The Difference?

by David M. Boertje

Because criminal records are public records, those with prior convictions need to know that there are certain circumstances which may qualify them to get their records “wiped.” These vessels by which one’s records can be cleaned vary depending on the type of crime and state law involved.

Expungements

Expungements are defined as the legal process of cleaning up one’s criminal record. They are a good option to put your prior conviction behind, as it involves the court reopening your case, withdrawing your plea or guilty verdict, dismissing the charges, and re-closing the case without a conviction. Legally speaking, a successful motion for expungement has the effect of dismissing a prior criminal conviction, and you can therefore claim in future job interviews, housing applications, etc. that you do not have a conviction on your record. California Penal Code Section 1203.4 authorizes the most common kind of expungement relief that exists in California (ie. cases in which probation was part of the sentence, cases in which there was no probation, felonies in which you only served time in county jail, and cases where a felony conviction was reduced down to a conviction). In order for an expungement to take place, your lawyer will have to file a formal document in court requesting that they take a specific action (the expungement motion). This motion must be filed at the court where you received your sentencing and given to the prosecutor that handled your case, and must claim in good faith that you are now living an upright and honest life.

March 4, 2015

The Prosecutor Wants me to Take a Polygraph Test! What Do I Do?

by David M. Boertje

What Exactly is a Polygraph Test?

In tv shows and movies, polygraphs (or “lie detector tests”) are often painted as mechanisms by which a defendant “gets off” or proves his or her innocence. Polygraphs are machines that hook up to a person to measure their physiological indicators such as perspiration and heart rate. It was once thought that when a person tells a lie, their heart rate and blood pressure change to indicate so. However, what many people do not know, is that polygraph tests are generally unreliable (ie. there are “false positives” or negatives), and their use has decreased. For example, if a person is nervous simply by virtue of taking a lie detector test, their heart rate will increase regardless and their test results will be inconclusive, rather than “passing.” Polygraphs may also be fooled if one is just able to control their physiological responses.

Rules on Polygraphs