Everyday residents of our diverse Hillcrest community are arrested for crimes that include misdemeanors like first-time DUI offenses and felonies like drug crimes or assault and battery. Whether you are wrongfully accused or you made a regrettable mistake, an experienced and knowledgeable Hillcrest criminal defense lawyer can defend your rights under state and federal law, challenge overreaching by law enforcement officers and protect you from overcharging by the district attorney. When you are arrested, charged and prosecuted, the decision to retain counsel at the first opportunity and to decline to talk to the police can mean the difference between a positive outcome and incarceration in county jail or state prison.
Hillcrest criminal defense lawyer David M. Boertje recognizes the stakes are high when people are charged with criminal offenses. While felonies are more serious than misdemeanor charges, even misdemeanor convictions can cause permanent damage to your professional reputation, standing in the community, marital relationship, immigration status, educational opportunities and residential options. Mr. Boertje is dedicated to carefully examining the facts, researching the relevant law, dissecting police procedure and attacking the prosecutor’s case. IF YOU ARE ARRESTED OR THE TARGET OF A LAW ENFORCEMENT INVESTIGATION, YOU SHOULD REFUSE TO TALK TO THE POLICE AND IMMEDIATELY ASSERT YOUR RIGHT TO LEGAL COUNSEL.
Although our first commitment to our clients is to keep them out of jail and to minimize the impact of criminal charges, we also tailor our representation so that it is affordable. We offer cost-effective criminal defense designed to prevent you from enduring prolonged physical incarceration and to reduce the impact of lingering financial consequences after your case is resolved. We provide aggressive criminal defense in Hillcrest and the surrounding areas to the full spectrum of criminal charges that include but are not limited to the following:
If you are arrested or receive a citation from a law enforcement officer in Hillcrest, the police will investigate the circumstances, prepare a report and recommend what, if any, charges the prosecutor should pursue. The prosecutor will review law enforcement reports, the evidence and perhaps conduct further investigation to determine whether to move forward with criminal charges. This process generally applies if you are charged with a felony or misdemeanor, but minor traffic violations are handled differently. We have provided an explanation of the difference between infractions, misdemeanors and felonies.
Infractions: These are the least serious violations, which include moving violations like speeding and a small number of non-traffic offenses. If you are guilty of an infraction, you may face a maximum fine of up to $250 but no jail time.
Misdemeanors: Misdemeanor offenses have two levels of severity, misdemeanor offenses punishable up to 6 months in jail and misdemeanor offenses punishable up to one year in jail. Misdemeanor punishable by up to 6 months in jail includes offenses like a first time DUI, shoplifting and public intoxication. These types of misdemeanors can be punished by up to a six-month jail term and a fine up to $1000, and up to 5 years probation. Some misdemeanors carry more serious punishment. These types of offenses can result in a jail term of one year and additional punishment such as 5 years probation. Examples of these misdemeanors include a second offense DUI and domestic battery.
Felonies: These criminal offenses are the most serious crimes under California criminal law. They may be punished by probation, prolonged terms in state prison, substantial fines and other penalties. The punishment for a felony will depend on a number of factors that include the nature of the conduct, prior criminal record, injury to the victim and other factors.
The Stakes: Consequences of a Conviction for Those Arrested in HillcrestWhen individuals are convicted of a crime, it can seriously derail their lives. A jail or prison term can cost someone their job, future educational/occupations opportunities, significant expense. These adverse effects can in turn place enormous strain on one’s family. Although most people have a vague familiarity with the formal penalties that can result from a criminal conviction, there are many informal effects that can disrupt an individual’s life long after the formal terms of probation or parole have been fulfilled. Hillcrest criminal defense attorney David M. Boertje has outlined some of the formal and informal consequences of a criminal conviction in Hillcrest, California.
Formal Penalties
Imprisonment or confinement in county jail
Fines, restitution payments, penalty assessments, diversion program fees
Probation
Required use of an ankle monitor
Forfeiture of driving privileges
Use of a breath testing device installed on your vehicle
Loss of rights to vote, serve on a jury or possess a gun
Participation in domestic batterer treatment program, substance abuse rehabilitation and similar programs
Restraining orders that exclude you from your home and limit contact with your kids
Registration as a sex offender
While these are only a few examples of formal penalties that can be imposed depending on the crime for which you are charged, there are many long-term adverse effects of a conviction that include:
Informal Consequences of a Hillcrest Arrest and Conviction
Disqualification for many jobs that require a license from the state (e.g. real estate agent, car salesman)
Ineligibility for professional occupations (e.g. attorney)
Denial of housing by future landlords
Restrictions on financial aid and some loans from financial institutions
Public criminal record that can be revealed with simply online search
Loss of certain immigration rights and privileges
Adverse impact on family law proceedings during a divorce or child custody proceedings
If you or a loved one has been arrested in Hillcrest, we invite you to contact us to discuss your case. If you call, email or visit us, we can evaluate your case, explain your rights and outline potential defense strategies. Hillcrest criminal defense lawyer David M. Boertje can meet with you during regular business hours as well as on weekends or evenings and returns calls 24 hours/7 days per week. Call us today at (619) 229-1870 or (760) 476-0901 to arrange a free no obligation confidential consultation. You also can also submit an inquiry by completing the form on our Contact Us page or emailing us.